Backdoor CCJ HX car parks/Gladstones wrong reg PCN - set aside? help

[jdlover22]

Help please!

Brief background

:- I parked on a 'pay and display' car park ,

paid for 3 hours,

displayed my ticket,

left after 2 hours,

and luckily kept the ticket.

 

I received a letter asking for £100 and showing photos time stamped

. I sent them a copy of my ticket

then found out that they were fining me for not fully keying my reg number in

-, but I put missed last digits thinking that was enough.digits

Advice from forums suggested waiting to see if I am taken to court.

Yesterday I got a letter

- Judgement for Claimant in default

- issued by Northampton County Court asking for £261

 

. It starts

'you did not reply to the claim form' but I haven't received any claim form.

This is the first letter showing any official court information

 

. I rang them to find out what I do now to defend myself, and they said my two options were ;

1) Pay the £260 or
2) Apply to have the case 'put aside' where I put my defense reasons down and a judge makes a decision but this costs £255 (which if I am successful, MAY be awarded back to me)

Its going to hurt paying £255 for the opportunity to fight against this, and it will hurt more if I won and it wasn't refunded. It will almost kill me to lose and have to pay another £260 !!

I have proof of payment yet I am being treated the same as somebody who parks and purposely doesnt pay for it

. They ignore my proof of payment and are fining me for only partial reg number keyed in.
it is a PAY and DISPLAY car park, which I did!

Please help me if you can!

Thanks
 

 

 

 

[dx100uk]

Its is not a parking fine.

 

Why did you not get a clainform

Have you moved since buying that parking ticket and not updated dvla?

 

Had to remove your images

As your pers info is showing

2 use only pdf please

Read upload

 

Dx

[jdlover22]

Thanks for the post and I’ll reupload the files.

 

I haven’t moved house and I was instantly identified  through the DVLA.

 

I don’t know why I didn’t get a claim form,

the first letter I had which obviously showed court involvement was the one I referred to.

 

It advised me what to do if I wanted to defend it and mentioned a charge. 

 

I went to the website and followed the process through with my defence.

 

Took about an hour only to find that the fee was £255 !!

 

I rang the court and they said 2 options etc...

as in my first post. 

[dx100uk]

you've already got a CCJ

 

they said either pay the judgement CCJ sum and as long as this is within 28 days of the judgement date it wont then show [there is no fee]

or

fill out an N244 which has a fee of £255, but risk losing and paying the CCJ and your £255 fee + any court costs by the claimant in attending the set aside hearing if you lose.

 

so what did you do?

 

 

[jdlover22]

Haven’t done anything yet. I’m still reeling from the position I am in.

 

I can’t believe that I paid and still have the proof but because of the part ref number I keyed in,

it now means paying the £261 or risking £255 to defend it.

[dx100uk]

no you are not defending it

you already have a CCJ against you...what was its date by the way?

 

you either have to pay it and poss quick

or 

set it aside.

 

this has 2 parts

one. you need a reason for why you didn't get the original claimform

two. you need a defence for the original debt upon why you don't owe it.

 

I would ring northants bulk and ask for a copy of the CLAIMFORM and ccj by email pdf

you need those before you can set aside as you need to prove what details are on both or not

 

THEN we/you can decide/recommend what to do.

 

now IF the claimform/ccj shows a wrong address, there is your possible reason to set aside

your defence will be you paid, here is the ticket, just because their anpr system is so useless it cant workout someone didn't pay, and someone didwith a part matching reg no is not your problem.

 

 

 

 

 

[jdlover22]

Thanks dx I’ll update you tomorrow.

[ericsbrother]

ask Northampton CC what address was on the original summons, if the wrongs address was used by the court then you will get the set-adise and the money back pretty quick because HXP wont wnat to argue and end up footing the bbill for someone else's error

[jdlover22]

Northampton CC say the same address was on the summons as on the letter I just received so I'm stuck.

I don't think she would have appreciated me saying 'are you sure you posted it?' ha!

 

she gave me the log on details i need to go through the 'set aside' application process so thats what I am going to do.

 

Thanks to dx and anyone else who's helped me.

 

I'll post if anything of interest happens.

[dx100uk]

if the claimform address is the same as what it should be 

you might find it harder to succeed in the set aside

the fact you didnt get it is somewhat immaterial now

 

 

 

 

 

 

[jdlover22]

Northampton CC sent me a copy of the claim form which I should have received in early October. 

 It is dated October 7th.

 

Before I received a copy of the claim form, I answered security questions and the lady at the courts, read to me an 8 letter 'password' which when used in conjunction with the claim number , started me through the 'apply to have a judgements set aside' process.

I logged out to gather all my defence documents together and prepare my case.

 

I went online through my government gateway log in to start the request to have the judgement  'set aside' and now the password is invalid. It is the password that is quoted on the claim form.

 

My defence is quite strong because to accompany their photos of me entering and leaving the car park I have a ticket showing the first part of my registration covering me for the time I was there.

My judgement letter is dated 4th November.

 

My question to anybody who has been involved in my posts is ;

 

Do you think I have a chance of getting this judgement 'set aside' or at least for it to be considered to be 'set aside' on the grounds of not having received the crucial claim form and then suddenly receiving the judgement?

 

If so I will pay the costs of application of £255 and hope I win and can reclaim it.

If the feeling is that it is unlikely I will pay the £261 CCJ.

 

Thanks for all your help anyway!

[dx100uk]

and the address?

 

dx

 

[jdlover22]

... is my correct home address. I realise that this is a weakness in my case, but all the evidence I have collected and the case I have built, waiting to see if it went to court or not, is now potentially wasted.

 

The stress of it all is making it easier for me to decide to pay the CCJ and live with it.

 

I have a small amount of energy left to proceed with the application to set aside, if theres a chance of it being considered. 

[dx100uk]

pers I think you have a very good chance of winning the set aside regardless to it having the correct address

though to be honest it wouldn't of just been one letter I expect, as Gladys usually sent a letter saying if you don't defend soon we'll win.

but that's immaterial now.

 

you have a paid for ticket

and regardless to it being a partial reg, you paid

I cant see a judge arguing with that.

 

as for the log in

its quite usual for MCOL to not work from Friday to Monday.

you can ofcourse download the paper version of the N244 from CAG or the .gov.uk website

you don't need to use the online portal.

 

as for your defence statement for the N244

simply put

 

I have a paid for ticket for the exact times in the particulars of claim.

I paid their system failed to match the two.

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.dx

[jdlover22]

Doh! Sorry , you had already told me this!  Heads spinning/ senility creeping in. Thanks

[jdlover22]

UPDATE - managed to get a court hearing by paying £255 fee to the courts.

I have requested consideration of this being refunded depending on the outcome of the court case.

 

On the grounds of;

1. I didnt receive a claim form (although I have no explanation why because it has been confirmed that the address was right)
2. I wrote to HX/Gladstones asking for their agreement to set the judgement aside. I didnt receive a reply.

The courts will confirm when it is to be heard, but it will be at my local court in Wigan.

Thats about the best I could hope for considering the position I found myself in!

Thanks to anyone whose helped me get to this point.

anonymous quote from a family member - " he started like Erin Brockovich but he's more like Johnny English now" ha!

[FTMDave]

That's great news about the set aside.

 

As DX wrote you're also supposed to show the judge you have a realistic defence, so prepare stuff about the fact you paid and "de minimis".

 

IIRC it is even possible to get their whole claim chucked out rather than just "reset", but no idea how you would go for this.  Maybe the experts could clarify tomorrow.

[dx100uk]

plenty of info on a statement in support of a set aside here

shouldnt be too difficult to do, you have a paid for ticket 

that should blow any chance of the judge allowing another hearing when you win the set aside

 

[brassnecked]

And as no ground to claim due to evidence of ticket, the £255 should be refunded with any other reasonable costs.

[dx100uk]

and?

 

dx