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Hello,
I am asking for help regarding applying to have my CCJ set aside (ideally with consent). I have delayed this too long already due to spending time researching, seeking solicitor quotes etc and cannot delay much further. I shall post my draft letter I am planning to send to the parking company requesting for their consent order. Can I have any feedback if this is okay? anything to add/take out etc? Would be much appreciated. it is quite long. Thank you!.
URGENT – Application to set aside CCJ with consent
Re. CCJ authorised 8th of July 2019 – case number [xxxx]
I am writing to request for my CCJ issued on the 8th of July 2019 for the amount of £255 to be set aside with consent, settled and withdrawn. On Friday the 23rd of August, I set up an Experian Credit-Expert account which enabled me access to a full credit report. It was to my shock that I had an alert that I had been issued with a CCJ on the 8th of July 2019. I understand this is a common request you may receive but I would appreciate if you read my circumstances fully and provide your consent on the basis of evidence of CPR Part 12 with a real prospect of defending the claim and the overriding objective under Part 1 alongside Part 12 other good reasons why.
I contacted Northampton County Business Services for more information about this CCJ whereby they provided me details that it was a default judgement against me (the defendant) for a PCN dated 12th of October 2017 from One Parking Solution (yourselves).
I contacted One Parking Solution to find out what information you had relating to this PCN as I did not know anything about this and thought it was a mistake. On the 10th of September I was sent photographs of my car in the car park where the contravention period was for 17 minutes without a ticket. The photos I was sent displayed my car with a notice put under my window screen wiper which to my honest held belief I do not recall receiving when I returned to my car as I know I would have responded and paid the fine. However, the photo’s also showed I was issued with a letter to my old address which stated the letter could have been received as my first attempt anyway.
The address linked with this PCN was: [xxxx] and I moved to [xxxx] on the 22nd of October 2016 (a year prior). I had set up a Royal Mail re-direction service for the change of address which enabled time to change all addresses and to receive any letters and this was active until April 2017. Although this is prior to my PCN date I am highlighting I take precautions to ensure I receive paperwork and complete my address changes so items are not lost in the post.
Nevertheless, I promptly notified DVLA of my change of address for my photo-card on the 31st of October 2016 and also believed I updated my V5 log also. I am no longer the registered keeper of the car in question therefore contacted DVLA and on September the 16th 2019, I received confirmation I changed the V5 address on the 15th November 2017. So, this was my genuine mistake that I totally forgot about this part due to having a busy schedule at the time with working and university whilst suffering with anxiety and depression (I have doctors records to evidence this). The V5 change of address was updated promptly with my latest house move highlighting this prior move was clearly not a good time of my life that I had not completed it time efficiently.
The V5 displaying the incorrect address would explain why I did not receive any PCN paperwork and was not given a chance to pay. I was also non-receipt of a claim form which also appears to have not been sent in my previous email correspondence so I believe there was a chance I was not even sent this (even to the wrong address). This is unlawful and regardless I did not have any chance to defend myself or pay the fine. Under civil procedure rules, there could have been reasonable steps to ensure the correct address was used if a defendant does not respond for a sustained period of time before issuing service court claims and meanwhile all my other banking and bills were up to date.
I pride myself in ensuring I have a good credit rating, keeping on top of paperwork and manage and pay bills in a timely manner. Therefore this CCJ is embarrassing and appears out of place with my credit history and personal conduct (CPR – Part 1). I can assure you I would have paid the debt had I known about the PCN in question as the amount of money involved was not of a high cost and therefore I could have made the payment of the reduced £40 fine. I am an organised person and I have been working hard to keep my credit in good order in hope of a mortgage. My current home circumstances unfortunately means that I will need to move out next year which was the reason for re-opening an Experian account when I noticed the CCJ which will now have a serious impact on this.
I have been under my GP since 2015 with depression and anxiety and of late have been on a university course interrupt for a year due to generalised anxiety and adrenal insufficiency physical health implications which I am now trying to manage. I am in the process of re-joining university and this is an event which is very stressful and upsetting for me and I feel like is setting me back with my anxiety again alongside my ability to handle stress is impaired anyway due to adrenal insufficiency. My limited time and lower financial position re-joining as a student means I would like to settle this in the quickest and most justified way possible whereby both parties are happy.
Under Part 1 of the CPR, the removal of the CCJ means a lot to me and my future circumstances for myself and my family. I was parked for a short period of time without a ticket and the amount of the fine is a small amount which therefore a CCJ feels out of proportion to the amount of money involved for the life impact this will have on me alongside the implications it is having on my health.
The CCJ has only recently been issued meaning I have the 6 years ahead of me with this impacting any sort of credit and future finance job roles as I have achieved an accounting qualification which is a potential future career prospect. I honestly believe I did not receive the PCN displayed on the window screen and furthermore I did not receive any paperwork or claims pack. It was sent to an old address which I had moved from a year prior so I was not given a chance to defend myself or pay the fine which under CPR Section 12 I feel I should be entitled to.
I feel I have good reasons and a reasonable prospect of successfully defending the claim which I understand means that if the court grants my application to set aside I shall be entitled to the application fee of £255 and the costs of preparing it at a rate of £19 per hour from yourselves.
However, in light of wanting to come to a swift agreement to settle the case justly with proportionate costs in a timely manner whereby both parties are on equal footing. On receipt of signed consent I shall file this to the court myself and I am willing to pay the £100 consent fee. I would like the CCJ set aside and following this being processed by the court I am willing to pay an outstanding balance of £100 to yourselves to settle the fine fully and have no further correspondence and orders.
In line with acting promptly I cannot delay to make the set aside application further therefore please respond within the next 5 days if you confirm your consent or refusal. I feel it is in both our best interests to settle the fine justly in this way as it is in proportion to the case and the amount involved.
Yours faithfully,
[xxxx]
I am asking for help regarding applying to have my CCJ set aside (ideally with consent). I have delayed this too long already due to spending time researching, seeking solicitor quotes etc and cannot delay much further. I shall post my draft letter I am planning to send to the parking company requesting for their consent order. Can I have any feedback if this is okay? anything to add/take out etc? Would be much appreciated. it is quite long. Thank you!.
URGENT – Application to set aside CCJ with consent
Re. CCJ authorised 8th of July 2019 – case number [xxxx]
I am writing to request for my CCJ issued on the 8th of July 2019 for the amount of £255 to be set aside with consent, settled and withdrawn. On Friday the 23rd of August, I set up an Experian Credit-Expert account which enabled me access to a full credit report. It was to my shock that I had an alert that I had been issued with a CCJ on the 8th of July 2019. I understand this is a common request you may receive but I would appreciate if you read my circumstances fully and provide your consent on the basis of evidence of CPR Part 12 with a real prospect of defending the claim and the overriding objective under Part 1 alongside Part 12 other good reasons why.
I contacted Northampton County Business Services for more information about this CCJ whereby they provided me details that it was a default judgement against me (the defendant) for a PCN dated 12th of October 2017 from One Parking Solution (yourselves).
I contacted One Parking Solution to find out what information you had relating to this PCN as I did not know anything about this and thought it was a mistake. On the 10th of September I was sent photographs of my car in the car park where the contravention period was for 17 minutes without a ticket. The photos I was sent displayed my car with a notice put under my window screen wiper which to my honest held belief I do not recall receiving when I returned to my car as I know I would have responded and paid the fine. However, the photo’s also showed I was issued with a letter to my old address which stated the letter could have been received as my first attempt anyway.
The address linked with this PCN was: [xxxx] and I moved to [xxxx] on the 22nd of October 2016 (a year prior). I had set up a Royal Mail re-direction service for the change of address which enabled time to change all addresses and to receive any letters and this was active until April 2017. Although this is prior to my PCN date I am highlighting I take precautions to ensure I receive paperwork and complete my address changes so items are not lost in the post.
Nevertheless, I promptly notified DVLA of my change of address for my photo-card on the 31st of October 2016 and also believed I updated my V5 log also. I am no longer the registered keeper of the car in question therefore contacted DVLA and on September the 16th 2019, I received confirmation I changed the V5 address on the 15th November 2017. So, this was my genuine mistake that I totally forgot about this part due to having a busy schedule at the time with working and university whilst suffering with anxiety and depression (I have doctors records to evidence this). The V5 change of address was updated promptly with my latest house move highlighting this prior move was clearly not a good time of my life that I had not completed it time efficiently.
The V5 displaying the incorrect address would explain why I did not receive any PCN paperwork and was not given a chance to pay. I was also non-receipt of a claim form which also appears to have not been sent in my previous email correspondence so I believe there was a chance I was not even sent this (even to the wrong address). This is unlawful and regardless I did not have any chance to defend myself or pay the fine. Under civil procedure rules, there could have been reasonable steps to ensure the correct address was used if a defendant does not respond for a sustained period of time before issuing service court claims and meanwhile all my other banking and bills were up to date.
I pride myself in ensuring I have a good credit rating, keeping on top of paperwork and manage and pay bills in a timely manner. Therefore this CCJ is embarrassing and appears out of place with my credit history and personal conduct (CPR – Part 1). I can assure you I would have paid the debt had I known about the PCN in question as the amount of money involved was not of a high cost and therefore I could have made the payment of the reduced £40 fine. I am an organised person and I have been working hard to keep my credit in good order in hope of a mortgage. My current home circumstances unfortunately means that I will need to move out next year which was the reason for re-opening an Experian account when I noticed the CCJ which will now have a serious impact on this.
I have been under my GP since 2015 with depression and anxiety and of late have been on a university course interrupt for a year due to generalised anxiety and adrenal insufficiency physical health implications which I am now trying to manage. I am in the process of re-joining university and this is an event which is very stressful and upsetting for me and I feel like is setting me back with my anxiety again alongside my ability to handle stress is impaired anyway due to adrenal insufficiency. My limited time and lower financial position re-joining as a student means I would like to settle this in the quickest and most justified way possible whereby both parties are happy.
Under Part 1 of the CPR, the removal of the CCJ means a lot to me and my future circumstances for myself and my family. I was parked for a short period of time without a ticket and the amount of the fine is a small amount which therefore a CCJ feels out of proportion to the amount of money involved for the life impact this will have on me alongside the implications it is having on my health.
The CCJ has only recently been issued meaning I have the 6 years ahead of me with this impacting any sort of credit and future finance job roles as I have achieved an accounting qualification which is a potential future career prospect. I honestly believe I did not receive the PCN displayed on the window screen and furthermore I did not receive any paperwork or claims pack. It was sent to an old address which I had moved from a year prior so I was not given a chance to defend myself or pay the fine which under CPR Section 12 I feel I should be entitled to.
I feel I have good reasons and a reasonable prospect of successfully defending the claim which I understand means that if the court grants my application to set aside I shall be entitled to the application fee of £255 and the costs of preparing it at a rate of £19 per hour from yourselves.
However, in light of wanting to come to a swift agreement to settle the case justly with proportionate costs in a timely manner whereby both parties are on equal footing. On receipt of signed consent I shall file this to the court myself and I am willing to pay the £100 consent fee. I would like the CCJ set aside and following this being processed by the court I am willing to pay an outstanding balance of £100 to yourselves to settle the fine fully and have no further correspondence and orders.
In line with acting promptly I cannot delay to make the set aside application further therefore please respond within the next 5 days if you confirm your consent or refusal. I feel it is in both our best interests to settle the fine justly in this way as it is in proportion to the case and the amount involved.
Yours faithfully,
[xxxx]
