UKPCM/Gladstones Backdoor CCJ - Set Aside by Consent order

[Branchy45]

Hi all, 

 

I fell upon this forum while searching for some answers regarding a court hearing I have in 7 days and I was hoping that someone could clarify some information for me. 

 

The background

 

A CCJ was issued against me by Gladstones Solictors on behalf of UK Car Parking Management in Oct 2018.

 

I vacated the property in October 2017 and the original ticket was issued in July 2017. 

 

I found out about this in May 2019.

 

I applied to the court via a N244 Application and provided them with a well written letter along with evidence that I had departed the property in October 2017 and thus didnt have a fair opporunity to return a claim form. 

 

I received a letter from my local court offering me a date very quickly.

 

Considering the above I am confident I have grounds to have the CCJ set aside and am confident I will be successful. 

 

Today I received an email from Gladstones Solicitors offering me a settlement via a consent order (attached)

 

However I am unsure where I stand legally. 

 

Questions

 

What is the process with a consent order?

 

Am I guaranteed that the CCJ will be removed via the judge on the basis I pay and sign a consent form?

 

Am I better to appear before the judge rather than settle? 

 

If I appear at the court hearing and the case is ruled in my favour, is it likely that I can request to be compensated for the £255 fee? 

 

Thanks in advance, 

 

 

 

[brassnecked]

They want you to pay the £190 they claimed  presumably to settle the matter, so it will cost you in all  £445 to be rid of the CCJ that way.    The PPC might lose if you get the set aside providing You should ask for a copy of the claimform by email, and if you think the ticket was challengeable post details on the Private Parking Forum.  Others will be along very soon to advise further on the Consent Order.

[Branchy45]

In my cover letter to the court, I already agreed to pay any outstanding charge provided I was guilty (which I probably was). 

 

My main concern is I pay £190 and then the CCJ isnt actually set aside, it is just marked as paid (satisfied) which isnt what I am looking for. 

 

I am also interested to find out that if I am successful can I claim back the £255 I paid. 

 

So rather than paying £445 I actually only pay the parking charge (which I will dispute the full value also)

[brassnecked]

The ground  for the Set Aside were claim sent to old address no chance to defend.  If you pay them the £190 they will consent to the set aside andt he CCJ goes away, however read the letter carefully, as they admit that the setaside would make it go away in any case, they would then have to sue you all over again, and if you have ground to challenge and defend their claim, which is usually shot full of holes, they know they will lose a properly defended claim so are inviting you to pay them what they claimed for to save them the bother of trying to sue you again. 

 

It's your call if you want to chuck another 190 quid at it right now.  Others will no doubt be able to give other angles and advice on this, so don't be too hasty coughing up just yet.

[dx100uk]

moved to the private parking forum. title amended for clarity

 

dx

 

[Branchy45]

Thanks. 

 

I have the court hearing on the 29th July so action does need to taken. 

 

My main priority is getting the CCJ removed as I am in middle of a mortgage application. 

[AndyOrch]

Quote

My main priority is getting the CCJ removed as I am in middle of a mortgage application. 

 

 

Then best agree the consent..yes your £255 down but no CCJ and Mortgage application will not suffer.

 

[Branchy45]

However my main concern is what legal protection do I have? 

 

Their email doesnt actually offer any reassurances that the CCJ will be set aside if I pay, so I am concerned that it is just a [problem] to get their money. 

[dx100uk]

and it says without prejudice.

cant use it in court if they then forget the deal

 

[Branchy45]

I am unsure what this means in legal terms, could you elaborate please?

[AndyOrch]

Ask for a copy of the Consent and Terms.

[brassnecked]

Yes they will consent so long as they get the £190 they sued you for, so get something if not the whole judgement amount.  What was the amount asked for on the actual CCJ judgment?