Backdoor UKCPM/Gladstones PCN CCJ whilst Working Abroad. Paid but CCJ still showing?

[nkk]

I had received a CCJ on 11th Nov 2019 for £269 for a parking offence.

I was not in UK from 6th Oct 2019 to 1st Feb 2020.

 

I have paid the full amount to Gladstones Solicitors on 2nd Feb 2020.

I can see the CCJ on my credit file and my credit score has gone down.

 

Can the CCJ on my credit file be removed because I was not in the country and hence I was not able to pay within the 30 days.

 

Should I contact Gladstones or the County court?

 

Thanks

 

 

[dx100uk]

were you resident abroad at the time and can prove it?

 

paying the CCJ off after 28 days does not remove it

settled or not its there for 6yrs.

 

dx

 

 

[brassnecked]

Might be worth a Set Aside if the papers were served while you were out of the country,, and you can prove non reciept, others will be along soon, issue is it will cost another £255 for the Set Aside, but if you can defend the original ticket, Gladdy's will have to refund what they skinned you for.  Which Parking Company was it?

[nkk]

I have my flight tickets and exit and entry stamps on my passport. 

[nkk]

I am planning to Set Aside.

I checked with a company and they charge £500 as their fee. 

 

Is this something I can do on my own? 

 

I don't think I can defend the original ticket, as it was my fault.

 

The parking company was UK CPM. 

[dx100uk]

were you officially resident abroad or just working or touring or holiday

unless you can prove residency the rest don't cut it.

 

dx

 

[FTMDave]

Five hundred quid!!!

 

Yes, you can apply for a set aside yourself.  It's just a question of a form, a fee and going to court.  Virtually everyone on these forums who has gone for a set aside has had it granted (and they did it themselves).  Use our search function on the top right of the page to look at cases.

 

However, you will have to give the court something to persuade them

   - a convincing reason why you didn't defend receive the original papers

   - an outline of the defence you will use against UKCPM.

[nkk]

@dx100uk

I was working remotely for the company in UK. I don't have anything to prove residency abroad. I can get a letter from the company stating I was not in UK

 

@FTMDave

Thanks, that gives me some confidence to do it on my own. 

Any idea on the turn around time for the courts? 

 

What do you mean by "defence against UKcpm?" 

[brassnecked]

a defence as to why the ticket was faulty as in these fleecers bend the law and you probably didn't owe them a bean.  Could you give some background as to where and when the Ticket arose from and we can hgopefully  point you in the right directions to get your money back.

[dx100uk]

your issue here is you've paid it.

 

how did you pay - payment method?

how did you pay it - over the phone?

and to whom did you pay it? 

 

[FTMDave]

Yes, we need to find out more about what has gone on here.

 

I think serious mistakes have been made, but hey, I've made loads over the years - the important thing is to learn from them and get it right from now on.

 

No-one on this forum would advise paying a private parking company speculative invoice, but if you really feel you were bang to rights with UKCPM as you state in post 5, why didn't you just pay them at the time instead of ignoring litigation threats when moving abroad?

 

And on your return, why have you paid Gladstones?  A CCJ won't go away just 'cos you've paid it.

 

Please give us a summary of the whole tale, and also what your objective is now.

 

 

[nkk]

Once upon a time. we had rented a flat with some parking spaces behind, there were cars parked on the way to the parking leaving enough gap for a car to pass, which meant about 15 - 17 cars could park. 

 

One fine day, the parking was under UKCPM and they put up signs saying only to park on the marked bays.

There were 9 bays in total for the 27 flats.

 

The residents used to continue to park on the way to the parking and so did I.

Many of us received PCN for a fine of £60 that would go up to £100 if not paid in 14 days.

 

I checked online and many forums said I need not pay and that they will send a few mails and stop after a while.

So I did that.

I decided not to pay.

I had received a few posts from Trace Debt recovery for £160.

Then I went abroad and I was working remotely for 4 months.

 

Once I reached back on 1st Feb, I saw the CCJ posted to me and a record on my credit file.

I was never expecting it to go to court so I paid the whole amount on the CCJ to Gladstones as I didnt want to take it further.

I think bailiffs had come to my flat as there was damage to my letter box on the door.

But I am not certain of this.

 

I created an account on Gladstones website, entered their reference number and paid the amount using my debit card.

I can see the outstanding amount is now £0 and the status of the CCJ on my credit file is "Satisfied".

 

I was planning to buy a house this year (first time buyer using Help to Buy).

When I spoke to the mortgage advisor, he said it is better to wait a year to apply for a mortgage because many lenders would reject my application as I have a CCJ.

 

Hence I am planning to get the CCJ Set Aside as it has affected my credit score a lot.

 

Should I contact Gladstones for a mutual Set Aside?

Is that even a thing?

 

I have send them an enquiry through their website and it seems they will take upto 28 days to respond.

Edited February 12, 2020 by nkk
add more info

[FTMDave]

Thanks for the very clear explanation.

 

But to be blunt, paying Gladstones was a big own goal.  There have been plenty of motorists on this site in your position (they moved, court papers went to the old address, they ended up with a CCJ).  They applied to the court for a set aside (easy to do on your own) which fortunately a court virtually always grants, so that wiped the CCJ.  They were then free to either pay the fleecers' claim or fight it (we would definitely recommend the latter!)  But in any case the CCJ had gone.

 

Of course Gladstones are "satisfied", they have got the dosh for themselves & their client.  That doesn't help with the CCJ though.

 

However, don't despair!  There are people on this forum with years of experience with these cases, and I'm sure they'll be on to help.  Yes, there is something called a mutual set aside, but I'm unsure of the details.  Another avenue to consider, as you paid by debit card, is the question of chargeback.

Edited February 12, 2020 by FTMDave
Digging showed that chargeback works for debit cards

[dx100uk]

it is not a fine.

it's a speculative invoice for breaking some imaginary contract 

[dx100uk]

when did you pay the CCJ?

 

dx

 

[nkk]

I got in touch with Gladstones. 

They said I owe money to Newlyn as they had sent out baliliffs for the debt recovery.

If I show evidence that has been paid + evidence I was not in UK, they might be able to cancel the CCJ.

 

What should I do? I think I will have to pay £100 or so to settle the amount with Newlyn.

 

@dx100uk

I paid the CCJ because I never thought it would even get to this stage.

Every forum told me no need to pay private parking firms, they will send a few mails but it will never reach the court. 

 

I thought to bite the bullet and pay off whatever so they leave me alone.

It was getting too stressful.

[dx100uk]

aha the story gets more conflated and we've seen this before.

i'll find the thread(s) later.

 

newlyns can't be operating as bailiffs I bet!

just a scary DCA.

 

so they say you owe newlyns

what about the payment you made on their website?

 

did they mention that at all?

 

dx

 

 

 

 

[dx100uk]

found it

https://www.consumeractiongroup.co.uk/topic/419041-backdoor-ukcpmgladstones-windscreen-pcn-ccj/page/5/#comments

 

 

it might pay you to go read this threads carefully

it just about details exactly what I think you have gone thru and whats to come.

 

I think my 1st action today would be to go contact your bank an do a chargeback on that payment to gladstones.

that way atleast you've got that sum back before it might get sticky till you understand the full implications of what has gone on and get the CCJ set aside.

 

can you expand upon what gladstones said about 

If I show evidence that has been paid + evidence I was not in UK, they might be able to cancel the CCJ.

 

whilst it is fresh in your memory or go listen to the call recoding you did ofcourse make?

[nkk]

@dx100uk

Gladstones checked my case and said they can see I have paid the full amount I owe them. Considering my case that I was not in UK, they might be able to cancel the CCJ provided I do the following:

• Show evidence I was not in UK when the CCJ was served
• I have to get in touch with Newlyn and pay what I owe them as they were not aware I was not in the county and they had send people for the debt recovery. I need to pay them and show evidence of that debt is cleared.

I asked why should pay Newlyn as I was not given a chance to respond the the CCJ in the first place. they said I should seek independant legal service if needed.

 

I dont understand why I should do a chargeback?

Are you telling me I should have fought this is court?

I had appealled the PCN initially but they ruled against me.

[dx100uk]

you do NOT need to contact newlyns nor pay them anything.

they were NOT and neither can they, be operating as bailiffs in this case.

 

they were not assigned by THE COURT and the debt is <£600 so can't be operating as An HCEO.

gladstones talking a load of BS again as in that other thread.

 

as for the chargeback, it's the only way you'll get what you paid back and is p'haps a more guaranteed success than relying upon gladstones to refund you when your set as succeeds as it will.

 

gladdy's are spinning you a yarn because they realise you don't have a clue what you are doing.

 

get the moneyback by chargeback, go ring your bank now and do it.

go back to gladstones and tell them to set aside the CCJ by mutual consent at no cost to you, 

if you need to PDF them proof of being abroad do so.

RECORD YOUR CALLS.

 

dx

 

 

 

[brassnecked]

Do as DX suggests, now we see the stitch up, if Newlyn were acting as Bailiffs, and in this case as civil under £600 only the County Court Bailiff can call to get HCEO involved where the fees would far exceed the original debt they would have to inflate it to over £600.

 

Newlyn if they had called as bailiffs would have sent a letter that  added £75, Compliance Fee, then when they knocked £235, so would have wanted £310 not £100 as their fees.

 

They must be DCA, and Will & John  the worlds worse Solicitors (Gladstones) are after giving a buddy a bit of cash  The £100 is an attempt to fleece you some more for the mither of sorting a set aside for a CCJ that was probably granted to a dodgy RobOclaim/

 

Yes do a chargeback, Appealing to these fleecers is a hiding to nothing they always refuse them. Do you have pics of the site and signs at all, would help a defence to cane them after a set aside.  I'm sure ericsbrother may have something very useful to add to this.

[FTMDave]

I knew the experts would come up with a positive strategy!

 

I agree, do the chargeback immediately.  Once that's done, apply to the court for a set aside (easy to do yourself and the courts very, very rarely refuse).  That will be the CCJ wiped.  You will have to prepare some sort of defence outline against the claim though to present to the court, such as

   - rubbish signage

   - no locus standi

   - them suing the wrong person (the keeper not the driver)

   - supremacy of contact

   - etc.

Not all of these will apply of course, they're only ideas, but some will.

 

Once you get the set aside & the CCJ is wiped, you can decide whether to pay Gladstones or fight them - obviously we suggest the latter.

 

Stop all contact with Gladstones.  Two wide boys, John Davies & William Hurley, run the IPC parking association, its appeal body, and Gladstones - no conflict of interest there!  Without a shadow of doubt the CCJ will include not only the original debt + legal costs but also completely made up charges with no basis in law which they only got because you couldn't defend the claim (the "unicorn food tax" Ⓒ Ericsbrother).  They now want you to pay Newlyns £100 for no reason whatsoever.  That's the sort of person you're dealing with.

 

[dx100uk]

2 hours ago, dx100uk said:

go back to gladstones and tell them to set aside the CCJ by mutual consent at no cost to you, 

if you need to PDF them proof of being abroad do so.

RECORD YOUR CALLS.

 

but 1st i'd try the above, saves the £255 fee to set it aside yourself.

 

there is also the possibility that they wont request a hearing and the PCN will just die.

 

[brassnecked]

Will & John would be silly if they didn't do a mutual consent, it will cost them more if you do take them on.

[ericsbrother]

So have Gladdys refused your payment?

If so that is brilliant news as you can now ask for a sest aside where you cnat if you have paid up.

hopefully the greed of these bandits will be thier undoing.

Now tell us about the original event as well