Observices PArking Consultants

[hummy]

Could someone please help me.

 

Today i received a default judgment for claimant from the county court.

It is for just over £1000 and i have no recollection of the debt.

 

The claimant is Observices Parking Consultancy

 

I cannot find any contact details for this company on google and there is no phone number. I have been never received any parking notices from this company and never received any court papers about the claim.

 

And now i am served with a default notice.

 

The first payment according to the notice was due on 28 May.

But i have received the notice today.

So i guess the next thing they will do is send a bailiff.

 

I do not owe this money, never received any notice for this how can i dispute and what should i do now....to try and resolve this.

[heliosfa]

First thing to ask, has the "judgment is default" been sealed by the court? can you post a copy of the judgement and the Default Notice, with your personal details removed, up here please?

 

We need to work quickly on this one to get it set aside.

 

I think you need to call the court first thing on Monday (10am ish) and see if they can send you copies of the claim form ASAP.

 

 

 

If a baliff does call, do NOT let him in. keep all of your windows and doors locked. They cannot force entry unless they have gained peacable entry the first time.

 

If a baliff tries to break into your home, call the police immediately!

 

 

 

Someone with more knowledge than me should be along soon to lend a hand

 

H

[jed52]

Hello hummy, I think what you should do first, is contact the court where the notice was issued and ask them about it. Tell them this is the first you have heard of this alleged debt and dont know anything about it.

 

It seems a hell of a bill for a ppc. Has you car been in storage or anything, or has it been clamped at some point?

I'm sure someone with more knowledge on court matters will be hear soon to help. Good luck. jed

[hummy]

yes it has been sealed by the court. It came in an enevelope with the northampton address at the back. There was a leaflet in the envelope explaining the process and what i should do.

 

I'll scan the paperwork and upload it here soon.

 

The issue is really why i should even pay this when i have don't belive i even owe it. THere is no recollection of the parking ticket and i hacve never received any notices.

[hummy]

no my car has been with me all the time, never been clamped, or even had a ticket. So i find is strange also that a judgement has been issued. I have never even received any court papers regarding this, i thought when someone submits papers to court the court should sent a notice to me.? I never received these.

[heliosfa]

Yes, you should get a copy of the claim form from the court with the relevant forms for you to defend.

 

If this is the first that you have heard, e.g. the company didn't contact you pre-court, then they have not followed the pre-action protocols.

 

What we need to do is get the judgement set aside and get you a copy of the claim form.

 

H

[RichardM]

Observices Parking Consultancy Limited

 

THE STUDIO

ST NICHOLAS CLOSE

ELSTREE

HERTFORDSHIRE

WD6 3EW

 

Company registered number 03182298

 

Company accounts overdue (due 01/05/2009)

According to UKdata.com it shares the address with several other companies suggesting that this is a shell address provided by a registration agent. Suggest that a quick search on companies house website might reveal a bit more detail of company directors etc

[Rooster-UK]

I wonder if this is a cloned vehicle registration.

It doesn't happen often, but it does happen.

[lamma]

In any court action you should have received letters from the court, you didn't. Ring the court tell them that this is the first you have heard of the matter and that this must be set aside (don't ask them to set it aside, tell them to in a polite way). Ask them what they want in terms of a sworn statement of truth (affidavit) and how they need it to be presented to the court. Also ask the court what needs to be done to call the bailiffs off, Ask them if they do it and if so in what timescales and how it is done. get explicit answers to these questions. Get it reset and fast. Try ringing 0845 6015 935 now in case they are there today. I should add ask the court for copies of all the case papers on file and make sure they have your correct address.

Edited May 30, 2009 by lamma

[jed52]

I wonder if this is a cloned vehicle registration.

It doesn't happen often, but it does happen.

 

I think it happens more often than we know, Rooster!!

[Rooster-UK]

It would be interesting to know what description of the offending vehicle they have.

[RichardM]

Even if it was a cloned vehicle, if the OP's address was shown as the registered keeper of the vehicle with the cloned registration on the DVLA records, he should have had some contact from the courts well before this stage. (After all, it's what the PPC's rely on)

 

The only possibility that I can think of for non receipt of court papers is that the OP is not shown as the registered keeper and all previous correspondence has been going to some one else, who has now informed the court that paperwork was being sent to the wrong person, faced with a £1000+ judgement.

[lamma]

PPCs have been known to supply wrong address information on the papers to the court.

[hummy]

thank you to all you ahve responded, and i shall be contacting the courts tomorrow when it opens.

 

I have attaced the cournotice received. Perhaps someone can see if there is anything there that is suspicious. Obviously, i have blanked out my address details.

 

http://tinyurl.com/kvvwao

 

I have also contacted lawanswers.co.uk and got the following response from them:

 

"You must apply to the court to have the judgement set aside

It always deeply concerns me that judges can give judgements like this

These private parking tickets have no legal standing , when scrutinised and contested properly and if the judge had any common sense, in my view, or did research on the subject should know this

It has always worried me also that papers from the court are deemed to have been served without any signature taken from the recipient or member of the family or even anyone

The Royal mail seem to lose or wrongly deliver a relatively large amount of mail.

If something is just slightly addressed wrong then the letter can be weeks and months to be delivered. i suppose some of that is down to the computerisation whereas a postman working or sorting the same round for years would know immediately.

 

 

 

 

 

Valid reasons to have your judgements 'set aside' (to be used on n244 form)

Introduction

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

We have listed quite a few valid reasons below.

 

1. Were you given 28 days notice in order to pay?

2. Were you living at the address when the summons and judgement took place?

3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

4. Did you receive the summons? They are not sent by recorded mail.

5. Maybe you were unable to attend court and defend yourself.

6. The judgement should not appear on the credit files if it was paid up within 28 days.

7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

8. If you did not receive any notification of the judgement/s made against you, then you can appeal.

9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?

11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?

12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?

13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

 

Lastly...

 

You can use any of the above reasons to have your judgements set aside.

 

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

 

This gives you the chance of having your judgement/s removed forever."

 

Any comments and feedback appreciated.

[kiptower]

you need to edit the court form and remove the claim number

 

the advice, apply "to set aside" is the route to follow urgently

[hummy]

ok claim number removed now.

[pin1onu]

There is a website for HM Court Service. It has links to all the forms and guidance notes. You may find it useful. (Her Majesty's Courts Service - Home). You'll need to fill out form N244 which will allow you to apply to have the judgement set aside. (Use the search facility on the HMCS website) . There is a cost for filing this which is £75 - see document EX50 on the same website.

[jkdd77]

The EX20 form suggests that no fee is payable when applying to have a judgment in default set aside.

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex20_0406.pdf

Brief extract:

"If you are sent a judgment with the heading 'in default' but you did not get the claim form, you can ask for the judgment to be 'set aside'. (This means you are asking for the judgment to be cancelled.) You can only do this if you do not think you owe the money. If the judgment is set aside, the court will take your entry off the Register. You will not have to pay a fee."

 

Best of luck.

[RichardM]

Hummy.

 

Have you been able to get hold of Northampton and what info have you had back from them?

[Al27]

...x...

Edited August 25, 2009 by Al27
n/a

[Rooster-UK]

Too late!

 

Keith....... Has LEFT the building!

[lamma]

Just so people know, Keith (the PPC sock puppet) has already left us after his short visitation. Something to do with the rubbish he posted I suspect.