Parallel Parking Ltd/Gladstones Solicitors PCN claimform - ignored everything - now default judgement.

[PDTS]

Hi,

I'm asking a question on behalf of a friend who parked at the rear of her property.

She has only just made me aware that she has received the Judgement for Claimant and has explained that she was ignoring it because she didn't think it was genuine.

The car park is adjacent to her property and she'd parked for around 5 minutes to load some vegetation into the back of her vehicle to take to the tip, leaving the vehicle to go back into the house to get her children.  The bush had been blown over onto the car park, so both she and her father were removing it. 

I'm just querying how to advise her.

She is a disabled single mom with 2 kids so if you can help I would be grateful.

The questions are:

1) Is the Civil National Business Centre genuine?

2) If this is genuine, should she pay £282.11?

Thanks

PD

[jk2054]

Yes it genuine

 

I will leave the car park vetrans to comment on whether you should pay it or not

Edited November 21, 2023 by jk2054

[FTMDave]

It is highly, highly likely it is genuine.

Just so we can be 100% sure, can you upload the court order?

If it is as we fear, there is no way out of it, from the court's point of view she had a chance to defend and chose not to.  Case over.

Her unpalatable choices are 99.9% likely to be -

1.  Don't pay.  In eight years here I've never seen a  private parking company enforce judgement for a single ticket.  But defying the court will lead to a CCJ and a knackered credit file for six years.

2.  Pay the £282.

Thinking about it she may be too late to do (2) ... she has 30 days from judgement ... so please upload the order here urgently.

 

 

.

[dx100uk]

what date is the judgement, thats all we need to know.

 

[PDTS]

Thanks for the response. As far as I can make out the issue date of the claim was 13th October 2023 but I don't currently have all the paperwork here.

[FTMDave]

dx is spot on.  We need to know the date of judgement, not when the claim was issued.

[jk2054]

Issued 13th but judgement already? 
 

May be me but it seems a bit off as CNBC take a few weeks to process judgement by default.

 

May the OP mean judgement was that date?

[PDTS]

I only have the Judgement for Claimant (in default) dated 16th November.

I only have one other document entitled 'claim form' referring to the incurring of a parking charge on 24th May 2023 dated 13th October 2023.

As I previously said she's ignored it until today when she asked for my opinion.

[dx100uk]

thank you

the bottomline here is as @FTMDave outlines.

if she pays the full amount to the claimant by 16th december her credit file will not be marked .

if she doesn't then things like any new credit she might want for 6yrs will be out the window.

it cant hurt her existing credit or accounts etc nor ins etc.

so if shes not bothered about more credit or as i expect didnt even know she has a credit file ...then it can't hurt her if not paid

dx

[FTMDave]

16 November, OK.  So the following is 99.99% certain (it would still be good to see the actual Judgement for Claimant to fill in the extra 0.01%) -

48 minutes ago, FTMDave said:

1.  Don't pay.  In eight years here I've never seen a fleecing private parking company enforce judgement for a single ticket.  But defying the court will lead to a CCJ and a knackered credit file for six years.

2.  Pay the £282 by 16 December.

 

[PDTS]

@FTMDave thanks, I'll ask if she can let me have the rest of the paperwork tomorrow. Thanks all for other replies

Edited November 21, 2023 by PDTS

[PDTS]

Hi again,

I've spoken to the young woman concerned and she says that she hasn't received any other documents apart from the claim form, response pack and judgement for claimant (default).

She is convinced that the Civil National Business Centre isn't anything to do with the County Court and that she's read a lot on the internet about companies engaged to 'police' private car parks who are just debt collectors, hence ignoring the documents.

The claim form does have the correct details for her vehicle which she admits was parked for around 5 minutes in a parking space by the back gate to her house.

The vehicle was then driven away to the refuse tip by her father.

 

[honeybee13]

I'm afraid I've had to hide your post because you've left the claim number on both forms. Please cover those up and repost.

Sadly this lady is wrong about the CNBC, it's the new name for the CCBC in Northampton and it's legit.

HB

[PDTS]

Hi,

I've spoken to the woman again and she says that she's only received the claim form, response pack and the judgement for claimant (in default) form, no judgement for claimant.

Attached are the redacted documents she has given to me.

ClaimForm.pdf Judgement.pdf

[FTMDave]

Yes, I'm afraid it is legit.

23 hours ago, FTMDave said:

Her unpalatable choices are -

1.  Don't pay.  In eight years here I've never seen a fleecing private parking company enforce judgement for a single ticket.  But defying the court will lead to a CCJ and a knackered credit file for six years.

2.  Pay the £282 by 16 December.

 

[dx100uk]

hang on 5 mins guys... hehe 5 mins. you say she only stopped for 5 mins? before the bloke in the bushes comes out and slaps a pcn on her windscreen?

is there no grace period here?

@PDTS

in both uploads of the claimform you've blanked the particulars of claim.

please put them back but obscure any reg number or pcn number they put.

 

just wondering guys......

[PDTS]

apparently there was no pcn on her windscreen.

Here's the redacted copy of claim form.

Claimform2.pdf

[FTMDave]

She was in a car park.  ANPR?

[PDTS]

Yes, carpark but I'm not sure if it has ANPR. Her back gate opens out directly onto it. Apparently you can purchase a parking permit for a lot of money, which evidently she doesn't have. 

How on earth did that post as PDawn? I joined the forum years ago and lost the log in but it has posted as my old user PDawn. Sorry, no idea how that happened! 

Edited November 22, 2023 by PDawn

[dx100uk]

which username would you like?

dx

 

[dx100uk]

we need the location from the claimform too ,

is this the official carpark for this residential estate she lives in and she is obv a tenant too?

in many residential parking issues, the tenancy agreement comes with parking inc, the fact she might need a permit is immaterial, it's called supremacy of contract.

how if she lives there, where she normally parks in the same place? why has she thus not received other speculative invoices to date?

the story has holes that need filling in. like location of her flat and location for this PCN

there might be a way to get this crushed.

thread title updated

[PDTS]

PDTS. Phone remembered password for old account,  

[honeybee13]

Could you PM myself or dx and tell us what email address you used for the other account please? Then we can merge your accounts.

HB

[PDTS]

the carpark location is named as ST JOHNS, WV15 6AG. 

She rents from a housing trust, her home is in a terrace with on-street parking so she doesn't use the car park at the rear of the property.

This was a once only time for a few minutes so her father could load the vegetation that he'd cleared from her rear gate and the car park.

She had her blue badge in the vehicle too and she wasn't  even driving it.

She has ME and needs help with various tasks, hence her father helping.

Is that enough information? 

[dx100uk]

is this rear carpark mentioned in her tenancy, in terms of there is a space allocated toward the property she is renting. regardless to if she takes this up or not.

i will guess she is not the only one that has a backgate so to speak into it? what do the other residents done? park on street or use the park.

i am just rying to understand if there is a relationship between tenancy agreements and this 'carpark'