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Karalius

Unknown PCM/Gladstones CCJ - PCN Academy Central Development *** CCJ -Struck Out ***

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Hi all, need some urgent help please, have been asked to post here by suggestion.

 

Noticed CCJ issued on my credit report prior to applying for mortgage.

 

Found out that it is for PCN issued on 12/11/16 by PCM UK LTD in Academy Central Development.

Passed onto Gladstones and onto DCBL.

 

I recall this moment where I parked near my friends apartment and was not aware of signs or did I know I needed to pay.

I did not update my DVLA or V5 until recently which is very stupid of me.

 

I moved out of my apartment on 01/12/16 to temporary accommodation.

01/03/17 I moved into my permanent apartment, all utilities etc set up since move in day.

Never went back to collect mail at my old address.

 

Default Judgement passed on 16/06/17.

I have no trail of any letters at all to date.

DCBL are requesting I pay debt of £353.53 and they can mark the file as satisfied.

 

However, to me this is same as having CCJ and this is not an option I will accept.

I genuinly was not aware of this situation otherwise I would have resolved if I knew about it.

I can prove via my statement that I had money to pay PCN.

 

Below is the information that I have collected :-

1. Court Case reference number

2. PCM UK - PCN reference number

3. DCBL reference number and amount owned (£353.53)

4. Gladstones reference number

5. Images of vehicle from evidence & sign (attached)

 

Out of panic I have directly called DCBL, Gladstones & PCM asking how I can settle, not sure if this was right thing to do.

 

What are my options and next steps to have it removed off my file completely?

I do not want it to sit on my file for 6 years, even with satisfactory?

I need to resolve this as soon as possible as I have made a house offer and now cannot get a mortgage.

 

Look forward to your advice and any help is very appreciated!

 

Best wishes

 

Mindaugas

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Edited by Karalius

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too late sadly

its there for 6yrs paid or otherwise unless you can agree [in writing ] with the claimant

that should you pay it

they will remove it

a GOGW is the ONLY way to remove it totally.

 

watchout for a £1000 DVLA fine too if they findout you didn't update the V5C/your driving Licence for xx mts too.

 

dx


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Wow, that's very sad news that I did not want to hear.

 

I can't even appeal to court?

 

It's a genuine mistake that I was not aware of.

 

How would I go about agreeing with claimant that they agree to remove it?

 

Would you happen to know who the claimant is?

 

I assume it's Gladstones.

 

What would be the process if they agree as GOGW?

 

Many thanks

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you know the CCJ number from you credit file

 

there is an outside chance that PCM will allow a set aside by mutual consent if you pay the original CCJ sum.

that would be +£350 but if they agree it will get the CCJ totally removed.

 

if they wont, its a £255 gamble that you win the set a side

 

you'll need a reason for why you didn't get the original claimform or any other previous paperwork - cant see one you failed to update the DVLA in a timely manner

 

and

you'll need a defence against the parking invoice itself, i'e you've proved that PCM does not have a signed contract with the landowner to issue claims on their own behalf etc

 

dx


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Thanks Dx, much appreciated. If you were in my shoes which route would you take?

 

Thanks

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i'd check one thing first

do you know the actual judgement value?

is it on your credit file?

 

it smacks to me that £350+ is a bit high typically from what we see here

I wonder if DCBL have added unlawful fees here?


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Thanks.

When I phoned up DCBL they said I now owe £353.53, however when I called CCBC they advised me its £263.53

 

I checked my credit score via clearscore it shows on there.

 

Awaiting for full one from experian.

 

Do you think I should settle this or best to figure next steps?

 

Many thanks

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great so you only might need to pay the judgement sum directly to the claimant over the phone IF they agree to remove the CCJ totally.

 

i'd let ericsbrother to pop up and comment before you do anything though


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Good morning and thank you. I will await Erics response. Really hope I can resolve this issue with all your help!

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this all depends on how much you are up for a fight

- the signage doesnt create a contract so the actual event they claimed money for didnt occur

- but you have to get the CCJ overturned and that menas paying £255 to have the judgement set aside.

 

Now, when you win the rematch you get your moey back and to be honest I dont see much of a problem with this as already said,

the signage isnt a contractual offer BUT you will have to take a gamble on your failure to update your details with the DVLA and whether a judge will decide that this has contributed to the default judgement or whether you were lazy and no set aside.

 

It would be helpful if you can reiterate all of the dates and say whether the tikcet issued originally was at your place of residence or somewhere you visited and where the correspondeonce from PCM etc would have gone regarding the multiple addresses.

 

As a general comment though I would say that you stand a good chance of getting ths overturned because PCM are obliged to write to the address registered at the time of the event and your subsequent moves wouldnt have made any difference ( other than you are stupid not to arrnage the forwarding of your post) to the service of their claim as that would have been to that addrress regardless of the updating of the V5 becasue that is what the law says.

 

So, my advice?

invite PCM to agree to the set aside as they will be lumped with a much larger costs order when they lose,

 

fill out an N244 if they dont agree and file it at your local court with the fee.

 

It will be a tenner cheaper if you go "on the papers" ie dont have a hearing where people attend,

but it will suit you better to be able to turn up and explain why you will win the second time round.

 

We can help you with that.

It is worth the expense and time because you want a mortgage.

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Apologies been busy at work.

 

Thanks for the reply Eric.

As much as I would like to fight, my time is ticking.

 

Ticket was issued at my friends apartment on 12/11/2016.

Nothing was attached to my vehicle at the time.

 

Apparently all documents were sent out to my old address which I have moved out of on 01/12/2016.

PCM advised documents were sent on 15/11/2016 and 21/12/2016.

I have no other information at all as never served.

 

Should I be requesting copies of these, if so who from?

CCJ court date was on 16/06/2017.

Is there a template that I can use to invite set aside?

I assume you mean I should invite Gladstones?

 

Beat wishes

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you ring pcm and offer the judgement sum now in full

if they will agree to remove the ccj totally.


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I did, they would not even talk to me. Advised me that they no longer have the case and it's with Gladstones.

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well IMHO you could could try thr same with gladdy's [judgement sum not the inflated one]

if not tell them you'll see them in court and get your costs back too when you win


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Should I be doing that over a phone?

 

When I called them at first instance they were very rude and told me that any requests can only be done via their website's emailing system. Thanks

 

I have just spoken with Gladstones once again and this has got me even more upset.

 

She told me that I would have to pay DCBL for the judgement cost and they would mark the file as satisfied.

 

I have asked her if they would agree set a side by mutual consent and she said no.

 

She told me to speak with solicitor as they cannot give me any advice.

 

I told them that I will pursue further action in court and will claim the costs back

- she simply replied "ok then good bye".

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STOP SPEAKING TO GLADSTONES, DCBL OR ANYONE ELSE ONTHE PHONE

 

They are not honest brokers,

they only make money when you pay their client so they have an imperative and incentive to mislead you.

 

You will win a new hearing and then they lose money,

what sort of advice would that generate do you think?

 

Now, if you want to pursue this it is in 2 parts-

 

1 getting the set aside.

That menas filling out an N244 asking for a set aside of the original judgement on the grounds that the paperwork went to an old address and then

 

2 defeating the claim at the new hearing.

This requires some evidence that the claimant is wrong and the photo of that sign is likely to be a winner for you on its own.

 

However we like belt and braces so a skeleton argument should be put forward with the set aside request so you can show a liklihood of defending the claim and you might get a decision i your favour because Gladstones cannot produce a proper POC so lose on procedural grounds before their evidence is even considered.

 

Get the form and come back here

in the menawhile do not contract any of the other side again.

Get your form in and any collection activity will also be stopped.

 

Worth telling the courts service you are doing this when you submit it, need to speak to the bailiff section so they can pass on to their operatives.

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Ok thanks. I understand what kind of "help" all these people are giving.

I have started filling out N244 and have few questions.

 

1. Who would the claimant be? I assume it's PCM

2. Point 4 of N244 - Do I need to attach a draft of the order?

3. Point 5 of N244 - I assume at a hearing?

4. Point 10 of N244 - I guess witness statement - If so, how would I even begin to write one?

 

Once filled out I will need to return this to CCBC and await of the hearing date?

 

Thanks and sorry for all the questions, you guys have no idea how much this help means to me.

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so to go through your points

 

1 yes, name of parking co, not their solicitors

 

2 number of their claim should do and which court awarded judgement

 

3 yes, hearing better than just on the papers so ask fro your local county court

 

4 your WS should state the reasons for the set aside

( all documents including NTK and court papers served on old address and you didnt receive anything)

 

then state that the claim is denied because no contract was offered to defendant so no monies can be due.

 

If you can get hold of a copy of the claim you could also add that the particulars of claim are too vague to determine what is being claimed and why, how the amount was arrived at etc.

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Thanks Eric, I will get on with filling the form out.

 

I have just spoken with CCBC and asked which court awarded the judgement.

 

He advised me that the hearing did not even take place as I did not reply to the claim form.

 

PCM has added the CCJ online.

 

He has forwarded me the copy of CCJ and it states that

"You have not replied to the claim form".

 

I have asked for a copy of the claim and he advised me that they do not have it anymore as it was sent in bulk.

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At one point you state the Beavis case "is to be heard in February 2015." As it's now 2017 that bit needs to be edited!

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go ring northants bulk

ask for a copy of the claimform and the CCJ to be sent to you by email PDF


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She could not send me the PDF, but copied out below from the particulars of the claim:

 

THE DRIVER OF THE VEHICLE REGISTRATION ------ (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON 12/11/2016 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT ACADEMY CENTRAL DEVELOPMENT

THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE.

 

AND THE CLAIMANT CLAIMS £160 FOR PARKING CHARGES / DAMAGES AND INDEMNITY COSTS IF APPLICABLE,

TOGETHER WITH INTEREST OF £5.58 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.04 PER DAY.

 

Below is from copy of CCJ:

You have not replied to the claim form.

It is therefore ordered that you must pay the claimant £166.53 for debt (and interest to date of judgment) and £97.00 for costs .

You must pay the claimant the total of £263.53 forthwith

 

Thanks

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usual roboclaim that doesnt meet the required standard so easily defeated on procedural grounds. You should include this in your submission, read up on it in the Parking prankster's blog to save me writing an essay on the civil procedure regs

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Time these vague default claims by Parking shysters and DCA's were stomped on.

 

This one as EB indicates would have fallen apart if it had been defended.


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