PCM/Gladstomes 5*PCN's Claimform - residential parking - Mayesbrook Gardens IG11 + many default judgements already!!!

[MadM90]

I am helping a friend

he has had ongoing problems with the parking in a residential area,

he has in the last year received an excessive number of PCNs from this company, that has now resulted in at least 6 county court claim forms.

He has lived at the property for over 8 years with no problems.

Is there anyone that can help with recommending a solicitor who specialises in this area as he now urgently needs legal advice on this.

Many thanks for any help in advance.

[Homer67]

More information is needed, does he own the land he's parking on/ If so is this a simple supremacy of contract case for a PPC infesting a residential car park?

Not many solicitors understand Private Parking cases so better to explain the details.

[Nicky Boy]

Please fill in the below sticky.

You won't need a solicitor. CAG has an 85% success rate winning claims against these fleecers.

County court claims are very time sensitive to respond to, so we need the details ASAP.

 

[MadM90]

Apologies for the delay.

These PCNS were addressed to his company and were given at his property address / business address where he was renting.

Which Court have you received the claim from ? MCOL Northampton N1 

Name of the Claimant :   Parking Control Management        

Claimants Solicitors:  Gladstones Solicitors Limited

Date of issue – 14 Jun 2023

Date for AOS - 30th june 2023

Date to submit Defence - 14 Jul 2023

What is the claim for – 

1. The owner of the vehicle with registration [ ] (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Mayesbrook Gardens IG11 on 17/06/2022. 19/03/2022, 04/04/2022, 22/03/2022, 17/08/2022 thus incurring the parking charges (the 'PCNs').

2.The PCNs were not paid within 28 days of issue.

3.The Claimant claims the unpaid PCNs from the Defendant as the keeper of the Vehicle.

4.Despite demands being made the Defendant has failed to settle their outstanding liability.

THE CLAIMANT CLAIMS £100 per PCN, £70.00 per PCN contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £103.28 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum conituing at £0.29 per day.

What is the value of the claim? If it is the value of all the PCNs on this claim, without interest it is £850

Amount Claimed £1124.28

court fees £80

legal rep fees £80

Total Amount £1284.28

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) Y (5th May)

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No

 

2.pdf

 

I should note that he has already defaulted on 2 claims (Edit - Default Judgements - dx)

. I don't have the other original claims to hand but can get them.

I believe there to be 4-5 more, 2 that he has received defaults on.

The above is the largest in value and the latest.

The others were 1, possibly 2 on each claim.

Not sure if it is too late to get these over turned.

[Ethel Street]

When you say he has already defaulted on 2 claims do you mean they have already been heard in a court and judgement was issued against him and he now has 2 CCJs against him?

If so what date were the two court hearings?

[MadM90]

We have 2 Judgement for Claimant (in default)

They state 

To the defendant

You have not replied to the claim form

It is therefore ordered that you pay the claimant...[the amounts and costs]  .... One Dated 15-MAY-2023 and the other 16-MAY-2023

 

These were from the County Court Business Centre, Northampton

[honeybee13]

So did he receive the claim forms?

HB

[Ethel Street]

OK so yes he has two judgements (CCJ) against him as default judgements because he didn't reply to the documents from the court.

You say he moved on 5th May. Did he immediately notify the DVLA of his new address to update the address on the vehicle log book? On what date did he do that?

[lookinforinfo]

When you said he was parked in a residential area, was it in a parking  spot  on a property he owned. If not where was he parked  and was it in the same place most times at least.

[dx100uk]

as @Homer67 says supremacy of contract should blow all these out the water

parking should be mentioned in his tenancy/freehold/renting docs.

why did he not reply to the earlier claimforms and got default judgements?

just ignored everything?
 

[Nicky Boy]

I presume the default judgments haven't been paid yet.

If so, a decision needs to be made about whether to apply for set aside.

How much were the default judgments?

 

[dx100uk]

more importantly what are the sums of these default judgements? are they combined above £600?

 

[dx100uk]

please carefully note your CORRECTED dates for AOS +defence filing on this claim.

Pop up on the MCOL website detailed on the claimform

.register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

 

 

[MadM90]

Thank you all. A lot to digest.

Yes claim forms received but was hoping to find a solicitor to help deal with. As stated here not so easy 

He moved on 5th July and I believe DVLA were informed that week.

Yes combined over £600. The values are £498.97 and £491.48.

No defaults haven't been paid. The defaults are £498.97 and £491.48.

I have requested copies of the original tenancy agreement.

Was hoping to find a solicitor and for other reasons didn't reply on time.

hence why I am helping as mentioned solicitor hard to find.

He would be grateful for advice on how we can go forward and fight these.

Are the 2 judgements lost causes and he will need to pay and have these as defaults on his file for 6 years or if the latest claim is defended and over turned, is there a chance the others will be overturned including the defaulted ones?

with is one yes ill pop up on mcol Thank you, on it now.

[honeybee13]

I expect others will comment on how to fight. The main thing is not to ignore Letters of Claim/Action from now on, come back here and tell us about it.

When you say the DVLA were told in the week of 5th July, was that for his driving licence and  the V5C?

HB

[MadM90]

Thank you.

Yes I believe so.

[dx100uk]

you make things 10x more diff by using quotes from other posts 

just type your answers ....no need to do that ...all now removed.

get mcol and cpr away for this new claim.

those old two CCJ's are above £600 combined and are the same claimant?

you need to be very wary here they could cross courts and get High Court Enforcement officers at his door

if they do, simply ignore them! come back here if you get a notice of enforcement.

paying them (the CCJ's off) wont solve anything. the only way out is to set them aside, if he has supremacy of contract in his docs, then that can be done.

we dont recommend nor do you need a solicitor WASTE OF MONEY. forget about that totally.

it might well pay you to simply go thru the process of the claimform you came here with..

defend it, win, and then use that to get set asides on the existing CCJ's.

are we stable - its only 2 default judgements to date?

dx

[Nicky Boy]

Dx asked about the total of the default judgments being over £600 because I believe the fleecers can get the High Court involved...

DAMN! cross posted with him again

Edited June 22, 2023 by Nicky Boy

[dx100uk]

already answered above

[FTMDave]

There is a huge amount of information to take in here.  So, bit by bit ...

There is no need to involve a solicitor.  Small claims court is all organised around the non-use of solicitors.  These are easy cases to deal with.  Regulars here like Honeybee, dx100uk, Brassnecked and Lookinforinfo have over 16 years' experience on this forum dealing with 12,000 of these cases.  They can give far better advice than a solicitor ever could.

Regarding the two CCJs already issued - he's knackered.  The claim forms clearly state the deadline for defending and that you will lose if you don't defend.  That information is also available on government web pages, various charity sites, this forum, and can be Googled in an instant.  The judgements also state the date when payment must be made by and he's defied the court on this too and so will be stuck with a CCJ for six years.  It's up to him now whether he wants to pay or risk High Court enforcement.  If he pays or doesn't pay, it's too late to remove the CCJs.

At least make damn sure he follows dx's instructions to the letter re the third claim form.  Once that is done we can try to understand what the hell all this is about.  

 

 

[FTMDave]

Any update here?