found SIP/Gladstones CCJ on credit file re 2 PCNs - CLIPPERS QUAY SALFORD

[NankerPhelge]

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.

[dx100uk]

Have you got a copy of the claiming and the judgement?

[NankerPhelge]

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.

Edited April 23, 2018 by NankerPhelge
Correction

[dx100uk]

Yes ring and ask for them BOTH by email PDF

[NankerPhelge]

Okay I’ll ring them first thing tomorrow.

 

Any initial thoughts, or too little information so far?

[dx100uk]

thoughts on what.....

[NankerPhelge]

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?

[dx100uk]

no leave figures in please and all dates

just remove pers details.

 

the only bit we really need is the particulars of claim.

type that out here too EXACTLY as it is typed please

[NankerPhelge]

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

Edited April 24, 2018 by dx100uk
merge format

[dx100uk]

aha we know that place well

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=CLIPPERS+QUAY+SALFORD+&sa=Search+CAG#gsc.tab=0&gsc.q=CLIPPERS%20QUAY%20SALFORD%20&gsc.page=1

[NankerPhelge]

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.

[dx100uk]

well I wouldn't worry about that

its the invisible unicorn food because they filled to an old address on purpose so can charge what they like.

no human ever looks at anything.

[NankerPhelge]

Where do you think my argument lies?

[dx100uk]

certainly the machine being out of order

they would know that but have simply been pig-headed and greedy.

 

everything is here now for the experts

and theres a huge amount of others threads detailing everything else they need

 

they'll pop in soon i'm sure

 

dx

[NankerPhelge]

Thanks dx.

[ericsbrother]

the first step will be to get a set aside for the judgement. This is done via the court form N244 and will cost you £255. Now, this is cheaper than paying the bandits anyway but you are likely to get your costs back if it is decided their claim is without real merit or they have behaved unreasonably.

 

They lose on that point with their badly worded claim and also the actual events will damn them as well so unless they decide to tell the court they are happy to drop the matter in exchange for not having to pay coats they are not only going to lose the money spent pursuing the claim but they will be paying out more than they could even win in costs as well.

 

If you are minded to you can also sue them for breach of the DPA but that is best considered after you get through this.

Edited April 24, 2018 by honeybee13
Paras

[NankerPhelge]

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?

[ericsbrother]

firstly that the claim was sent to an old address and then that there was no cause for action against the defendant in any capacity and lastly you say that the particulars of claim are so appalingly written it would have been impossible to work out what the claim was about and how the amount claimed was arrived out contrary to CPR 16.4

 

Now, you need to get images of the signage at the site if it is local to you as you will need this later. Also, as you have found another thread on the same subject read it carefully and use that decision as a persuasive argument so quote it if you can.

[NankerPhelge]

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?

[NankerPhelge]

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!"

[dx100uk]

no its till judgement

[ericsbrother]

there are plenty of cases where this prohibitive signage has been shown to be not a contract but an unlawful penalty designed to deter. Read up on it.

likewise focus on what is important as you thoughts on interest are completely wrong and are distracting from what is important.