CCJ set aside by consent- time lapse

[Auntychezzy]

12B6F7F0-7086-487E-B664-28154D2D5746.jpeg12B6F7F0-7086-487E-B664-28154D2D5746.jpeg

I received a CCJ for parking fine, which I did not receive as I didn’t update my DVLA (I did have redirection and I had changed all other correspondence so this info was obtainable from their sources.

This was in jan 2018 (discovered on credit report when remortgaging) judgment was added nov 2017... when I contacted the claimant for details, I asked what my options were which they said about applying to have it taken off but it want guaranteed, so would then have the fine and the fee ( at the time I could not afford £225 court fee) and said what other option do I have and they advised instalments- which I set up (stupidly now I see from the threads due to implied accepted liability). Basically I felt coerced into instalments as was left no other option (I thought).

Now a year down the line I have researched and found that I would have likely had it set aside. I have contacted civil enforcement (finally as no contact available except automated payment line requiring PCN to access) I do not have a PCN number as I never received the fine!.

I contacted them through a complaint platform, which the email came back saying the inbox wasn’t monitored- the next day they sent me a draft consent order to set aside: I have some questions about this; 1) it is very basic- does it look sufficient? B) do I just submit that to court? ?with a cover letter? C) how likely is it I will end up worse off as the time delay has been so long (combination of new baby, mental health, and being coerced into payment) C) would this just be £100 court fee, or do I have to complete n244 and pay £225? And submit a defence? I also note that the date has 2019 on which I had to co tact (via e platform not direct) to notify them and again no response but a letter the next day with a contact for their legal department.
confused despite all the threads! And I want to know what I need before speaking to them. This now causing me greater debt problems in that I cannot transfer my 0%credit cards, to the point we may have to move house (with 2 children) All down to a £60 fine I didn’t receive.
Any help gratefully received! Thank you

[jaguarsuk]

The problem is that after finding out about the judgement you are supposed to apply to set it aside promptly. Judges have been known to describe 30 days as not prompt, so if they find out it's been a year then you are very unlikely to be successful. I'm assuming at the start of this you contacted the court to find out where this had come from?

In answer to your questions in order they were asked:

1. The consent order picture hasn't uploaded, so I can't comment on the brevity of it.

B. Yes you would need to submit a cover letter because as their letter says you need to update the court with your current address, so you'll need to include that and that you are applying to set aside the judgement.

C. If they find out it's been a year then you are very unlikely to be successful, so will have paid a fee making you £100 worse off.

C. You'll need to complete a form N244 and pay £100 fee to the court. You will not submit a defence due to having agreed to settle the claim.

You need to get that date changed to 2020 if you are going to apply.

[Auntychezzy]

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Thanks for your reply that’s clear re application forms to use now and fee. I think the risk may be worth it if I have to suffer another 5 years with debt issues because of it?.... I’ve uploaded the consent form again... many thanks.

[jaguarsuk]

If they change the date on that and if you contacted the court last year it's not noticed, then you should be good.

It's a draft order, so tell them you're agreeable to that except point out the year has ticked over to 2020 and ask them to amend that.

[Auntychezzy]

3BCC2D42-2065-44E6-8E6F-FC02D9261787.jpeg Thank you, it’s taken over a week for them to amend the date and now it reads differently... also still says draft*♀️*♀️ Other than going back to them to say I’m agreeable, does the new wording look ok? It’s just a variation a theme really but just wanted to double check!*
Thank you!

[jaguarsuk]

All looks good from where I am sitting, it's not a guarantee as I have said that will depend on if you contacted the court about this a year ago and if you did whether a judge notices.