Gladstones, CCJ, old address HELP!

hayley0408

I'd really appreciate some advice/help on the above.
I'm off to a Help to Buy advisory day tomorrow, so thought I would print off my credit report so I have it to hand for further advice. When checking my credit score (which I do every month!) I found out it had decreased from 5/5 to 1/5 in a month!! After some investigation I cold see no outstanding debts etc, but there was a sneaky CCJ from County Court Business Centre for £250. The registered address was one that I lived in 3 years ago. I moved from this address in August 2015, and then moved again in August 2016. I called the CCBC to inquire about what this CCJ was and they advised it was from Euro Parking Services for 14th September 2016, and the solicitor dealing with it is Gladstones. The judgement date was 3rd January 2017.

Now enter my confusion.
Aside from the fact I cannot remember 14th September 2016, I also cannot remember a parking fine. This is something I would definitely remember, as I never get them! I know that if I had got one I would have paid it (stupidly I know) just to get rid of it.
I am even more confused as I have never received any documentation regarding this fine. I have been registered on the electoral roll at all of my addresses and have altered my address details on my driving license for all 3 addresses, so am baffled as to why I have not been contacted.
The gentleman at the CCBC advised that if I call Gladstones and offer to pay in full by 3rd Feb, my credit rating will return to normal and there would be no further impact.
I am not that naive though. If i throw money at this situation I'm sure it will go away, but what about the fact that I've never seen a parking ticket, I've received no documentation around this case, and furthermore i can't actually say that this is a legitimate ticket!

Any advice would be really appreciated...heavily pregnant hormonal and panicking woman sitting right here!

Quentin

Read up on "set aside ccj" which is the way to get a CCJ removed from the record if you are able to show that you knew nothing about the court case, and if you had done you would have wanted to defend it.


The fee for a set aside hearing is £255.


If you are successful that would get you back to square one, with the creditor then starting the court claim again.


You say you changed your licence, but they would have got your address from the DVLA records of the name/address of the vehicle concerned's registered keeper


(If you did decide to pay the ccj to get it removed from your record, then you would need to pay it by 3rd Feb, not simply "offer" to pay it - the court official has misled you over that - or you misunderstood what he said)

Half_way

Out of interest do you know where the car park was where you received the initial parking charge notice?

peter_the_piper

Did you update the DVLA each time of the new address and was it done promptly? This is also necessary for the car as license and keeper systems are not connected.

Coupon-mad

The gentleman at the CCBC advised that if I call Gladstones and offer to pay in full by 3rd Feb, my credit rating will return to normal and there would be no further impact.

Don't do that, although he is right.

We suggest you pay £255 to the court (a certain process) to get it set aside and that WIPES the CCJ from your record, but in fact (hat tip to IamEmanresu for this summary) there are two options at this stage, apart from just giving up and paying the nasty beggars, which we don't recommend.

Either:

Apply for a set aside "without consent"

1. Apply using the N244 form for a set aside hearing. This costs £255 but is repayable from the Claimant if you win at the re-!hearing (not the set-!aside hearing if one is needed, not always the case if you file a strong argument with the N244).

2. At the set-aside hearing you have to convince the judge of two issues:
(a) The first is that you did not receive the paperwork.
(b) The second is that on the balance of probabilities you have the potential to win your case. If convinced, he/she orders a re-hearing of the case and a date will be set 14 days or so later for a defence to be filed.

3. For the set-aside hearing, the parking company is likely to put in a letter outlining why you can't win and if they are persuasive, you'll be £255 down and no further forward. Many set-asides are successful though, and there's no reason why you can't attach your own persuasive Witness Statement to the N244 to try to get it set aside quickly.


OR

Apply for a set aside "with consent"
1. If you approach the parking company and tell them you'd like your CCJ set!aside "with consent" they usually agree subject to certain conditions. These are usually that:
a) you pay their judgement and
b) you pay their costs.

2. You again use the N244 form but this time you pay £100 for a "with consent" application.

3. At the set-aside hearing, the judge should nod the case through to a re-hearing but the re-!hearing doesn't happen in practice, so the CCJ is removed from your credit record. But with this one, you won't get your chance to fight.

Would you like some help over the weekend off-forum? Send me a private message.

I just helped a pepipoo poster get two CCJs set aside (one Gladstones, one MIL) with no set aside hearing needed and he only paid £155 per case, which he will now try to reclaim in his costs when he defends the matter as you can too, if you can follow suit. He also has a counter claim and potentially could make money out of it, and with no CCJ now.

Send me a pm and I will help off forum. Others will confirm I am trustworthy and you can also look at my post-count of over 40,000 posts on MSE. I'm female and not legally qualified but have done this enough to be confident of winning - wouldn't do it if I thought you had no case.

Umkomaas

Send me a pm and I will help off forum. Others will confirm I am trustworthy and you can also look at my post-count of over 40,000 posts on MSE. I'm female and not legally qualified but have done this enough to be confident of winning - wouldn't do it if I thought you had no case.

Best offer you could possibly ever get to deal with this. CM is 100% genuine and is the country's foremost in fighting private parking charges and related issues.

hayley0408

Hi all thank you for your advice on this.
Changed the title of the thread now, hope that makes more sense?
I informed the DVLA last year of my current address for my car but cannot remember doing so for my previous address. My honest mistake which I'll happily hold my hands up to. Annoyingly moving house 3 times in as many years has left me completely confused about what I have and haven't done!
I've never actually seen a parking ticket that this relates to, nor do I know the address of the car park in or to accept or defend my case.
I've been through my phone looking for messages where I may have arranged to meet people on the 14th September, but all I can see is a normal day at work followed by a lots of photos of my son playing in the garden.
This really has me baffled!
CM thank you for your offer, I will contact you today to discuss a little further. Currently contending with the 'terrible twos' and and episode on CBeebies!!!

Edna_Basher

hayley0408 wrote: »

Currently contending with the 'terrible twos' and an episode on CBeebies!!!

That'll be good practice for when you come to deal with Gladstones

Half_way

The reason for asking as to where you got the ticket, could open up a few possibilities for you, you could/should complain to the landowner who took on the PPC in the first place.
If this was a residential site where you had the right to park in a space either as a resident or visitor then you could have a claim against he management company and the PPC for a breach of the data protection act.
If there is a DPA issue at play, you would be justified in putting in a claim above £250 as it could be shown that this has caused you some obvious problems and issues.

beamerguy

Edna_Basher wrote: »

That'll be good practice for when you come to deal with Gladstones

So funny :rotfl:

Certainly Kindergarten solicitors

MothballsWallet

Edna_Basher wrote: »

That'll be good practice for when you come to deal with Gladstones

Except the 2 year old has an IQ of infinity compared to Gladstones' combined IQ of (and I didn't think this was possible) -1 billion :rotfl: