Premier/Gladstones ANPR PCN Claimforms - CAPITAL SHOPPING PARK LECKWITH ROAD CARDIFF CF11 8EG

[tarm39]

Thank you!!!! 

 

I am going to fill that out today 

 

[FTMDave]

If by some horror you decided to pay, you would have a month to do so from judgement, so don't send in the N244 too quickly, there are a few things to consider first.  I'm at work now but promise to look in this evening, if others haven't explained in the meantime.

[tarm39]

Thank you, I’m in a difficult position with this I think now. We’re about to start looking for a family car and I don’t know how this will affect me in the immediate future. 
 

I also don’t really know exact where I stand and what the steps are now as some people have said I need to send off a form and then others are saying not yet etc and to complain but I don’t know what I need to do as of right now 

 

thanks everyone

[jk2054]

If you want to appeal it you have to submit N244.

The decision is if you want to appeal or not.

 

You can complain but complaint will normally come back and say N244 anyway

Edited October 25, 2023 by jk2054

[tarm39]

I definitely do as I’ve not done all of this so far to then just have to pay it thanks to them! 

[jk2054]

Complaints process : 

Complaints procedure - HM Courts & Tribunals Service - GOV.UK

WWW.GOV.UK

---

How to raise a complaint or give general feedback about the service HMCTS provides.

 

You could always wait for the complaint outcome before N244 but either way you need to do N244 to appeal

[FTMDave]

I apologise for posting in dribs & drabs but I'm at work.  I'll write properly later this evening.

Don't panic and don't rush into things.

jk2054 is right.  Think things through logically & legally.  There is also a claimant here - yes, a company we despise, but they have the right to be heard by the court too.  At the moment they have won the court case.  By all means complain to the court, but that won't mean the judgement will disappear, a hearing will need to be held where the claimant has the right to give their opinion too. 

The N244 is your application for this hearing to set aside judgement.  The process is very easy.  But it needs to be prepared properly, calmly.

More in three hours or so.

[FTMDave]

1.  OK.  By all means complain to the court if you're certain they've messed up.  A complaint can only help you.  But it won't cancel the judgement.

2.  If you're tempted to give in, then as long as you pay within the 30 days from judgement, there will be no consequences.  No CCJ.  No problem buying the car.  CCJs are only used to punish people who defy court orders.

3.  But you have to do something - either pay and satisfy the judgement, or apply to have it set aside (the correct term is "set aside", not "appeal", I don't want to be pernickety but it's important you use the right term in the paperwork to the court).

One thing you can do is write to Premier Park and invite them to agree to set aside by consent.  It's highly unlikely they will agree.  But always worth a try.  You can do it by e-mail, there's nothing to lose now.  Send it both to  [email protected]  and to  [email protected] 

Dear Premier Park,

Re: PCN no.XXXXX, Claim Form no.XXXXX

as you know , the court has entered judgement in your favour regarding this matter.

This was because the court mislaid the defence I filed, and in the next few days I will be applying to the court to set aside judgement.

The purpose of this mail is to invite you to consent to set aside.  One of the parties is going to end up with very hefty costs at the end of all this, so it is in everyone's interests to keep costs low.  After all, you know full well what was going on in the car park on the day my vehicle was parked there.

I will wait 48 hours for your reply and if you do not consent I will apply for set aside anyway.

Yours XXXXX

Get that sent off tonight, both yourself and your MIL.

I would have liked to beef it up, by using details in the PCN, but I see it is missing from the thread.

BTW, what happened to your BIL's ticket?

Next, the good news is that if the other party balls it up, such as sending the paperwork to the wrong address, the court can set aside the judgement.  But if it is the court that has ballsed up, the court must set aside judgement.  So you need proper evidence that this is the court's fault.  After sending the above e-mail, you need to gather that evidence in preparation for your N244.

Edited October 26, 2023 by FTMDave
Correct e-mail addresses added

[tarm39]

My mother in law has had an email back from the court saying about filling out the N244 form and that there is a £275 fee to send it off?!? 

It does say on the letter that there is a fee but I’m just going to have to pay the £282.49 because the fee for that N244 is £275 so what’s the point in paying the N244 fee with the possibility of not winning a court case and CCJ against me and then losing that too and having to pay over £500. 
 

I still want to make an official complaint to the court because it’s their fault my defence wasn’t filed. Can I take them to court?

[dx100uk]

you will automictically get the fee back or even not have to pay it at all if the court coughs to it being their mistake. 

there other threads here where this happened but ive not time to find it. just now

dont forget you have a cal month to pay the ccj before it gets registered.

in that time things could change.

dx

 

 

[tarm39]

It doesn’t seem likely they will though they might just say we didn’t do it on MCOL or it’s too late now. And I don’t want to lose £275 only to find I’m then liable for the other amount 

[dx100uk]

14 minutes ago, tarm39 said:

It doesn’t seem likely they will though they might just say we didn’t do it on MCOL or it’s too late now. And I don’t want to lose £275 only to find I’m then liable for the other amount 

they cant just say that.

let it run a few weeks

dx

 

 

[FTMDave]

@dx100uk I think this is the thread you mean  https://www.consumeractiongroup.co.uk/topic/460526-cel-b2b-anpr-pcn-claimform-defended-but-court-errored-going-for-set-aside-greyfriars-car-park-priory-road-bedford-mk40-1by-claim-discontinued/

@tarm39 Your reasoning is of course logical.  But you don't have to decide this evening!  See if Premier will accept the set aside by consent.  See if your case is strong enough to be heard without a hearing which IIRC would cost £108.  There are still options.

[FTMDave]

Any reply from Premier Park?

If you want to keep fighting this, it's important this weekend that you get evidence together that the court messed up - screenshots of MCOL not working, the e-mail address you wrote to showing on the court website, etc.