NankerPhelge
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This is the photograph of the signage from the previous thread "SIP/Gladstone claimform - PCN Clippers Quay in Salford **WON+COSTS** not paid bailiffs afoot!"
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Just looking at CPR 16.4 - let me know if I’m correct enough this point below. On the claiming it states this; “INDEMNITY COSTS IF APPLICABLE, TOGETHER WITH INTEREST OF £12.60 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.07 PER DAY.” The bit I’m focusing on is the interest “continuing too judgment {sic}” not only awful grammar, but also legally incorrect as per the CPR 16.4 which states; (b) if the claim is for a specified amount of money, state – (i) the percentage rate at which interest is claimed; (ii) the date from which it is claimed; (iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued; Am I correct in my assumption that they can’t claim interest to the date of judgement only until the claim form has been raised?
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Thank you for your reply ericsbrother. So am I correct in assuming they don’t legally have the right to access the DVLA database regarding registered keeper of a vehicle? If that’s the case I’m definitely going to peruse for breach of DPA. I am going to get the ball rolling with the N244 but maybe have to wait until the end of the month with it being £255. What will I need to write in my statement of case and evidence box?
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Thanks dx.
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Where do you think my argument lies?
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Just having a look at some of those previous cases ie "SIP/Gladstone claimform - PCN Clippers Quay in Salford **WON+COSTS** not paid bailiffs afoot!" Looking at the signage, it states there will be a "parking charge" of £100 for "parking or remaining at this site otherwise than in accordance with the above", however they have charged me £320 + interest for 2 days.
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Claimant; SIP PARKING LTD Claimant sols; GLADSTONES SOLICITORS LIMITED Sols address; THE TERRACE, HIGH LEGH PARK GOLF CLUB, WARRINGTON, CHESHIRE, WA16 6AA Sols number; 0333 0230 049 Sols reference; *******/SIP PARKING Particulars Of Claim; 1.THE DRIVER OF THE VEHICLE REGISTRATION ****** (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON **/01/2017, **/01/2017 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT CLIPPERS QUAY SALFORD 2. THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE. 3. AND THE CLAIMANT CLAIMS £320 FOR PARKING CHARGES / DAMAGES AND INDEMNITY COSTS IF APPLICABLE, TOGETHER WITH INTEREST OF £12.60 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.07 PER DAY. CCJ.pdf
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I've received a PDF copy of the judgement but only a word format of the claiming. I've deleted all of my details and case no. etc from the PDF - should I also delete the amount of the claim before posting?
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Okay I’ll ring them first thing tomorrow. Any initial thoughts, or too little information so far?
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No. I have spoken to Northampton County Court only so far. They have sent me an email with the N244 Application Notice - that's all so far. Do I request the claiming and judgement from the court? Thanks.
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Hi, I've read a few threads today and found the advice very useful. Just wanted to share my specific case to see what advice can be given. I noticed a CCJ on my credit file through clear score registered at Northampton County Court. Today I rang the court and was advised that it was in relation to a PCN from SIP and Gladstones have taken me to court. The case is regarding 2xPCNs at the start of January 2017 outside of my address in privately rented apartments. On at least 1 of the days in question the ticket machine was out of use (I have a photo showing this - although it probably isn't the greatest as it doesn't clearly show where the machine is just the "NOT IN USE" message). A couple of weeks after these dates I moved from my apartment and didn't receive anything from the claimant regarding the claim or subsequently anything from the court. The first time I realised there was an issue was looking at my credit file and finding the CCJ. The CCJ amount is in excess of £400 (inc court fees etc) which is quite frankly extortionate for 2 days parking. I don't have allocated parking in my tenancy agreement. I would like to remove the CCJ from my credit file and have received the N244 application notice from the county court. Any help and advice would be greatly appreciated before I pay the £255.
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