Would you sign this Tomlin Order?

[lws123]

In September, I parked in the carpark of my partners flat, using a visitors permit that I did not know had expired a day earlier.

We were in the process of moving in together and did so at the end of October.

Late April 2024, I received a letter from a Debt Collector trying to collect an unpaid CCJ from March of £170 of PCN and damages plus interest and court costs.

After working it all back, and after much back and forth, I was advised to contact the legal team and get a consent order signed to apply to the court to have the judgement set aside – on the basis that I pay the full amount.

They have agreed to sign a Tomlin order of their drafting, on this basis. But there’s a few things I’d like to have clarified by you all if possible?

1. They have inserted this line:

UPON the parties agreeing that the Claim Form was sent to the Defendant’s last known or usual place of residence in compliance with CPR.69(2), the Claimant having no reasonable grounds at the time to believe that the Defendant didn’t receive it and is therefore deemed served;

Is this practical for me to agree to, as I do doubt this? I received no communication of original charge or subsequent court documents.

1. AND UPON the parties now agreeing that all of the above amounts, subject to the Courts approval, to a good reason to set the Judgment against the Defendant aside pursuant to CPR 13.3 (1)(b)(i) due to non- receipt of the Claim Form.

Is this in any reasonable take – likely to have the judge set-aside the CCJ. I.e. is this strong enough to ensure such action?

1. The Defendant do pay the Claimant the sum in full and final settlement of the Claim within 14 days of the Court approving the Order.

Does this mean that I only pay after the judge has set aside the judgement?

1. The original email from the court said it would cost me £275 to submit the N244 form required, however, I’m told it should be £108 if there is a consent order. How does this work in practice – do I just send a letter with 108 of postal orders?

Thanks in advance!