backdoor UKCPM/gladstones windscreen PCN CCJ

[Dodiqq 1]

I have read all of the NEWBIES sections on Car Parking Management and default judgment 

https://forums.moneysavingexpert.com/showthread.php?t=5585047

but I have no direct idea how to proceed this.

 

This is important for me to resolve as I have a pending house purchase mortgage lender refused because of the CCJ and if I don't set it aside soon, Vendors will sell to someone else!!! PLEASE HELP ME.

I have paid a CCJ but in the same time I have sent a cover email to both Newlyn and Gladstones that my payment is not made because of acceptance of any aspect of the judgment

A little different to the above mentioned post, I actually got a notice from CPM and Gladstones and Debt Collection which I responded to refusing the claim, as a registered keeper, denying the incident and liability.

They kept on sending me correspondence with wrong street address.

I have provided them an updated address but they didn't send it there (I have to put Subject Access Request first to access all data, working on it) and my landlord sent all back with Return to Sender sticker.

- I moved 6 months later (march 2019) to a new address and got a final notice from newlyn debt collection which under the influence of my panicked parents I have paid them with the above mentioned cover email

(the enquiries lady at northamptonshire business centre assured me I can still submit N244 if I pay, didn't take her name, stupid me I know)

- BUT requesting the Particulars of Claim from Northamptonshire Business Centre,

I can see that the whole Claim as well as all of the relevant correspondence sent up to date (Gladstones, Debt Collection Plus) referred to a Claim for a WRONG STREET.

 

They claim it was parked on parallel street, whereas the photographic evidence is for a different street.

There was also no sign on that side of the pavement.

BIG QUESTION IS

Do you think I can set a CCJ aside on the basis of this event never happening and subsequent procedural errors? (sorry, I don't speak legal terms and English is not my first language)

Please if you can help me, my whole family is panicked and angry at me about this and Vendors are on standby unless I am convinced I can win this.

I wrote to the Business Park management to tell them about this to just confirm the photos are not from that road but I dont think they will get involved unless I write to the local MP.

[BankFodder 1,506]

I'm trying to understand your story and I gather that the court papers were sent to the wrong address and the claim is in respect of an alleged parking matter but at incorrect address. This correct?

please respond and then monitor this thread for a full response tomorrow

 

[Dodiqq 1]

Yes.

 

22 July Contravention- windscreen pcn - No signs on the same side of the road where pavement was.

 

August 2018

 

Initial PCN issued for "no Parking on roadside",

no specific address on the notice to keeper

- DEMAND not PCN.

 

Photos of my car parked on a different road to Merlin Road which is outside of the Farnborough Business Park management.

 

Sent to Home Address no. 1  ( as of July 2018 until end Feb 2019 I am in Home Address no.2)

 

August/early September 2018

- I retrieve some of the letters sent to Home Address no. 1.

I respond as Registered Keeper and deny responsibility, driver not identified.

I inform Gladstones I am now at Home Address no. 2)

 

September/October - Debt Recovery letters 10/10/18, 24/10/18, 29/10/2018 of charge £160 due.

 

20/12/2018 I receive a standard demand letter notice from Glastones, signed with generic Gladstones Sollicitors Limited

 

02/01/2019 -  I write to Gladstones ( but on return address on the envelope not on the high Terrrace address) to check if they have in fact sent this

 

07/02/2019 - I had no reply from Gladstone Solicitors

I informed UK Car Park Management that I have reasons to establish the letter is not genuine.

I question if they have in fact instructed Gladstones or if my data was established fraudulently.

 

At some point here I have moved to home address no.3 on 01/03/2019

 

All letters were sent back to Sender by my Home Address no.2 landlord.

 

Also court documents were returned to sender

(I had no idea because even though I visited that address a few times, the landlord and current housemates were unhelpful)

 

14 August 2019 - CCJ in Northamphon - I had no idea about this at all

 

September 2019 - I'm still oblivious and putting a house offer

 

01/11/2019 - Final notice by Newlyn Debt Collection  which I saw 5/11/2019

 

5/11/2019 - mortgage application rejected due to outstanding CCJ. (now I realised)

 

5/11/209 - Call Debt Collection Plus and they told me about a different ongoing fine as well (:O but irrelevant here) 

 

06/11/2019 - Final day do pay Newlyn £359.63 with an email disclaimer to Newlyn cc Gladstones with disclaimer that I will be making the payment but I deny liability etc.

 

06/11/2019 - I now got Claim Particulars from Northampton  CC

 

1.lTHE DRIVER OF THE VEHICLE WITH REGISTRATION  XXXXX (THE 'VEHICLE') PARKED IN BREACH OF  THE TERMS OF PARKING STIPULATED ON THE  SIGNAGE (THE 'CONTRACT') AT FARNBOROUGH   CENTRAL - FARNBOROUGH CENTRAL FAKE ROAD s2/07/2018 THUS INCURRING THE PARKING CHARGE (THE       'PCN').

 

2.THE DRIVER OF THE VEHICLE AGREED TO  PAY THE PCN WITHIN 28 DAYS OF ISSUE YET  FAILED TO DO SO.

 

3.THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE.

 

4.DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO  SETTLE THEIR OUTSTANDING LIABILITY.

 

THE      CLAIMANT CLAIMS                             

£100 FOR THE PCN,

£60.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS,

 

TOGETHER WITH STATUTORY INTEREST OF £11.69 PURSUANT TO S69 OF THE COUNTY  COURTS ACT 1984 AT 8.00% PER ANNUM,  CONTINUING AT £0.04 PER DAY.

 

 Claimant solicitor is GLADSTONES SOLICITORS LIMITED Tel 0333 0230 049  01565655470 Ref XXXXXX

 

10/11/2019

I get an email confirmation from the Business Park Facilities Manager that the photographs from the initial notice to keeper indeed look like NAMEOFNOT-FAKERD but cannot further comment as this road is outside of their management.

 

BUT I AM OVERALL CONFUSED and STRESSED, DON'T KNOW LEGAL STUFF or order in which to do things.

 

Do I have to write to the Claimant I want to set aside and give them 7 days to reply?

I need this at court ASAP.

 

What timescale are we looking at here?

 

Can someone help me write this is such a way for that it get STRIKED OUT without further hearing?

( I need clean credit record ASAP!!!)

 

Help would be SO SO SO SO appreciated

 

 

 

[dx100uk 8,566]

right slow down and follow the correct advice

I've removed various links you have posted as they have obviously lead you up the wrong garden path to take since you started to sort this issue.

 

your story is extremely confusing because you have wrongly followed 1001 things that you shouldn't have done in the 1st place

 

by following that info to date you have confused things so badly that it very difficult to work out exactly what you have and haven't done to date.

 

I will summarise what I believe here has happened as its a lot simpler to sort your issue than what you have done to date

however there might be questions yet to be answered BEFORE we can recommend what you should do next.

 

to me it looks like you have received a council Penalty charge notice [fine]

AND 

a speculative invoice CCJ

and have confused the two?

 

I say this because newlyns are bailiffs and they dont get involved in private parking ticket matters.

and the figure of £359.63 is NOT correct as it doesn't i bet correspond to the total of the sum claimed on the UKCPM claimform?

 

so you've not actually paid off the CCJ to newlyns but another council penalty charge notice not related at all to the CCJ

this makes sense as your mention a second fine from UKCPM [which in not a fine]

 

please bear with us we need to see...

 

the original UKCPM windscreen ticket

the notice to keeper from UKCPM.

any letter from newlyn that you have.

 

scan these up to ONE MULTIPAGE PDF ONLY. read upload

 

as for the CCJ.

im pretty sure you are getting the streets mixed up between the council pcn and the UKCPM speculative invoice one/CCJ

 

you haven't paid the CCJ within 28days

therefore even if you pay it now it wont be removed

 

the only way to get the CCJ removed is to set it aside.

however ..have you a copy of the claimform and the judgement CCJ? too

[BankFodder 1,506]

Yes please - as requested above please will you post the claim form and the judgment in pdf format

[Dodiqq 1]

I have received a Car Park Management PCN on the windscreen on road X 

 

Then I was send the relevant Notice to Keeper  with photos of the Car on a Road X. No name of road mentioned on this one.

 

They changed correspondence from Home Address no 1 to write to home address no.2 upon my request

 

Then i have received threatening letters from debt collection plus for the pcn location road Y (not X)

 

And a letter from solicitors (referring to pcn on road Y) to which i have responded as registered keeper denying.

 

I moved houses but this time they didnt write to new address.

All court papers went there.

 

After the court judgment, i paid Newlyn the money related to the ccj fine (256 now inflated to 359). Written a cover letter to newlyn cc gladstones that the debt is paid but no liability accepted.

 

Today i got a confirmation from gladstones the debt was paid for this initial fine.

 

IT IS NOT A COUNCIL CCJ

 

 

 

 

 

[BankFodder 1,506]

These are not a claim form or a judgment

[Dodiqq 1]

I have put text from the claim particulars from CC northampton in the first email. I will go back to them now to ask for the judgement. Hopefully i can get the claim form submitted as well.

[BankFodder 1,506]

We need the originals posted up in PDF format please. Redact the identifiers

 

Also, the photographs you have posted are scarcely legible even on a large screen.

Please would you scan these properly and post them up in PDF format.

[Dodiqq 1]

Ok i will rescan at 1pm and send through all i have as pdfs.

 

I called the court and they confirmed to me it is exactly the same as the court particulars text i was sent, as in post 3 

just with a judgement to say 256 pounds is due.

 

 

 

 

 

 

 

 

[BankFodder 1,506]

Please will you scan the claim form as requested in pdf format redact the identifiers

[dx100uk 8,566]

no i can see what they have done now.

 

newlyns have done yo over further by adding fees to the CCJ amount

conning you into thinking they are bailiffs

they are not!!

 

and cannot add anything to the judgement sum.

so id go do a chargeback on your debit card and get that money back from you bank 

you have been duped paid under duress.

dx

 

[BankFodder 1,506]

Good spot from @dx100uk. However, I don't think I would try a chargeback. You still have the CCJ in place and that is what is really bothering you.

I would go for the set-aside to have the whole amount of money returned to you and also the CCJ removed from your credit file. I think the fact that they have added some fees to the judgement sum will add weight to your set-aside application.

If you would simply like to do what we have asked more than once now which is to scan the documents in PDF format – with identifiers redacted then we can proceed.

[dx100uk 8,566]

probably used the word fined for parking

and

fined by the court over the phone too and thats why you keep refering to it being a fine..its not.

 

had blind from day 1.

 

 

[dx100uk 8,566]

eh just a silly though

have you confirmation from nothants bulk that this ccj has been settled ?

if not makes a chargeback more interesting as it wouldn't thus hurt you doing so?

 

dx

 

 

[Dodiqq 1]

I know it was in inflated sum.

I questioned this with Gladstones over the phone and they said I cannot set the sum with them anymore.

 

Then I called Newlyn and I asked for explaining the reasons for added sum if the ccj was for £256 with payment receipt for detailed breakdown of the fees and they just gave me receipt for the full £359.

 

I can raise this with the bank as now I received a written confirmation from Gladstones the quote is paid in full.

 

I can tell the bank that wrong amount was deducted and send CCJ judgment to the bank with my cover letter that I'm paying in reference to the CCJ for 259 but this is such me wasting time at this point.

 

Should I send the letter from Gladstones to the Northampton Court then to say it was settled?

 

 

 

 

[BankFodder 1,506]

I've already pointed out once that even getting some sort of rebate will have no effect on this CCJ. I understand that you want to get this CCJ removed – which would certainly be my priority as well.

Once again, I think your best tactic is to apply for the set-aside and include in the reasons for the set-aside that they have abuse the system by adding more to the judgement some which you have paid only under pressure as you thought that it might prevent the CC J being registered against you and affecting your credit file and therefore affecting your ability to get a mortgage.

I suggest that you follow our advice if you want to make proper headway on this.

When you draft your set-aside application, make sure that we see it first. Don't start rushing off on your own. Please post up the PDF scans of the documents that we want to see.

[Dodiqq 1]

Ok i will draft something tonight.

Please can you check the documents above and see if different location would  strike out application, i understand this could speed up the process or do i still have to wait for the hearing in 5 weeks?

 

I paid the ccj under pressure but once i have already discovered the ccj on credit score.

 

Working on the judgment, claim is in the above pdf file

Edited November 13 by Dodiqq

[BankFodder 1,506]

You made all of this abundantly clear and frankly you are repeating yourself – and so I when I keep on asking you to post up the scanned documents in PDF format.

I don't think there's much you can do to hurry up the set-aside procedure. I don't know how long it takes but I don't imagine that it will be super speedy.

I'm afraid doesn't help you now but this could have been dealt with earlier and you might have been in a better position. I know that you're the victim and I know that this is a backdoor CCJ but despite this, nothing good ever comes from delaying or burying one's head in the sand

[dx100uk 8,566]

for your anon safety I've removed the PDf in post 16

as you've used a felt pen and we can see all your details clearly.

i'll redact then for you later today.

 

[Dodiqq 1]

Sorry it still shows as 4.8MB limit. Will receive copy of judgment tomorrow. 

I'm going to send  a letter to DVLA to understand when were the V5 forms updated exactly so I can show they were done in time

 

[Mrs O'Frog 161]

As far as the PCN and CCJ go, it's irrelevant when the V5 was updated. The parking company are only allowed to apply for the keeper details once - when they first issue the NTK. Otherwise, if you sold the vehicle they would be chasing the wrong person.

[Dodiqq 1]

I also have another silly thought - would the hearing be set at earlier date if I write to the Claimant to get the CCJ aside by mutual consent?

Is it even worth it,

or potentially cause delays having to wait 7 days for reply?

Would it look bad if I submitted N244 before I get a reply from them? 

[BankFodder 1,506]

 

 

[dx100uk 8,566]

asking for it to be set aside by mutual consent directly to the claimant or their solicitor can be almost instant in resolving the ccj showing on your credit file. no need for any hearing.

set aside using an N244 will take weeks even months to get a result