Backdoor CCJ - PCM/Gladstone PCN yellow line with BB badge.

[persha50]

Hi - I got a fine from them last February. 

I have a blue badge and parked on a yellow line for about 30 minutes. 

There were no signs etc saying we could not park.

Ignored their letters but have today received a CCJ issued in my name. 

I did not receive a claim form, notice that it was going to trial nor a trial date.  If I had I would've responded.

Is there anything I can do so that it does not go on my credit record. 

Lawyers are Gladstone Solicitors in Warrington

[FTMDave]

Have you moved over the last year or so without updating the car's log book?  That's how most backdoor CCJs are caused

[dx100uk]

2 hours ago, persha50 said:

Hi - I got a fine from them last February. 

no you didn't. a private parking company cannot FINE anyone.

2 hours ago, persha50 said:

parked on a yellow line for about 30 minutes. 

purely tarmac graffiti on private land legally mean nothing .

2 hours ago, persha50 said:

I have a blue badge

Blue badge holders have ZERO concession entitlement when on private land..they mean nothing.

2 hours ago, persha50 said:

Is there anything I can do so that it does not go on my credit record. 

you must pay the claimant with 1 cal month from the date of default judgement.

....................

i will suspect you have moved in recent times and not updated your cars V5C ? 

dx

[lookinforinfo]

Could you please post the letter you received from Gladstones as well as the PCN .

[persha50]

I will look for the original letters.

I have just looked on Clearscore and the CCJ is already on my file.  If I pay within a month will they remove it?

If I ask Gladstone for a copy of my file will it have the copy of the claim form, I definitely did not get one.

I have not changed address either. 

I did not receive any court papers either or notice of trial date. 

How would I get copies of those.

 

2024-01-04 default judgement for claimant.pdf

[dx100uk]

go check that the car which drove in there-  it's V5C DOES 1000% state your present and current address.

as for claim details.

you need to ring northants bulk and ask for a copy of the original claimform by email PDF

there will be a small charge.

you need the Particulars of claim verbatim.

i have heard they now read this out over the phone and make no charge if you dont need a hard copy.

so if they offer that RECORD YOUR CALL.

 

 

[dx100uk]

17 minutes ago, persha50 said:

If I pay within a month will they remove it?

yes they being the court once you pay the claimant and they inform the court of settlement.

[persha50]

I can't find any of the original letters etc. 

I think my hubby chucked them knowing that coz fine was from a private company it was wrong for them to fine us. 

We did not get a fine put on the windscreen it was a fine sent in the post with a picture of the car. 

If I send an SAR to Gladstone would they have a copy of the original "fine" or should I send an SAR to Parking control Management.

Also if I pay the CCJ and I can prove I did not receive the relevant docs would they give me my money back?

I am just anxious about CCJ on my record.

I am self-employed (but DWP assessment says I cannot work) and get Universal credit so very limited finances.  I do COVID and flu vaccinating so its not all year round that I get an income.

Will also phone Northampton Court on Monday.

Just another quick query, when I have had claims forms before, sent in my defence etc, I usually get a notice from the courts saying it has been transferred to small claims court and they have changed the court venue from Northampton to Croydon (which is closest to me) but this did not happen in this case and the CCJ was issued in Northampton. 

Could that prove I did not receive any court papers?

 

Yes it does state my current address etc.  

Ive had my car for about 5 years now. 

We were actually fetching a new car for my hubby and were parked across the street from the car dealer!!!

[FTMDave]

It sounds very much like the claim form got lost in the post.

The problem is that (a) it would cost you £275 to apply to get judgement set aside and (b) courts don't usually accept the "lost in the post" argument.

You will probably have the unpalatable choice of

1.  giving in and paying the £291, or

2.  defying the court and not paying.  I've been on this site for eight years and I've never seen a PPC take enforcement action for a single ticket, it's just not worth their while.  But you would have a CCJ and a knackered credit file for six years.

18 minutes ago, persha50 said:

Just another quick query, when I have had claims forms before, sent in my defence etc, I usually get a notice from the courts saying it has been transferred to small claims court and they have changed the court venue from Northampton to Croydon (which is closest to me) but this did not happen in this case and the CCJ was issued in Northampton.  Could that prove I did not receive any court papers?

No.  Judgement was issued in default so there was no defence, no Croydon, etc.

18 minutes ago, persha50 said:

I think my hubby chucked them knowing that coz fine was from a private company it was wrong for them to fine us. 

Is it possible your husband also threw away the claim form?

[dx100uk]

it is not and never ever can be fine..end of no quibbling or misunderstanding. a private parking company cannot issue Penalty Charge Notices.

sorry but theres not really much you can do other than pay it.

at this stage unless the POC throws anything unusual up it doesn't really matter you didnt get the claimform or anything else. though its strange you got nothing as there were p'haps a good 5-10 letters before they issued they asked the court to raise the court claim, including a letter of claim. 

it would p'haps be a guaranteed set aside because you didn't, but thats not the end of reversing the judgement,

you would also have to put fwd some sort of basic defence for the original claim in their POC and once a judgement is given, all 'paperwork wriggles' like i didnt get this or that are sadly immaterial, the judgement trumps those type of defences.

the cost of a typical set aside is £275, which has no guarantee of being granted (then you'd have to pay that fee as well as the judgement sum.!)

if you won the set aside application, the CCJ would be null and void, BUT there would be a later hearing as it resets it to what you state happened before, if you won that, then yes you'd get everything back and no CCJ but its a double your money gamble.

dx

 

[FTMDave]

You might as well write to Gladstones  enquiries@gladstonessolicitors.co.uk  and state that you intend to apply for set aside as you had no opportunity to file a defence.  As it would be beneficial for both parties to keep costs to a minimum you are writing to ask if their client would accept a set aside by consent.

There is maybe a 1% chance they will say "yes", but it's only an e-mail, and nothing ventured ...

 

 

[persha50]

Will definitely write to Gladstone and contact courts.

Can I just clarify when a CCJ is issued by default it means that I have not replied to the claim form that you do via MCOL.

@FTMDaveNo - coz I open mail first and then give to him to read, would've been addressed to me anyway.

[jk2054]

14 minutes ago, persha50 said:

Will definitely write to Gladstone and contact courts.

Can I just clarify when a CCJ is issued by default it means that I have not replied to the claim form that you do via MCOL.

yes

[FTMDave]

Any update?

Edited March 16 by FTMDave
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