Request for popla refused despite quoting legislation, what to do now?

Coupon-mad

I think I'd complain as 'Mr and Mrs' even to TS, so no hint is made of the driver.

Gin_and_Milk

Thanks, will do.

Gin_and_Milk

Bit of an update which is making me panic a bit!

This morning my husband (registered keeper) received a claim form from Northampton County Court business centre. The address to send documents and payments to is Gladstones Solicitors and I am aware they are under investigation. The letter states that should a judgement be made against him the details will be passed to a CRA which 'will make it difficult to get credit' Can they say this?

They are charging £50 for legal representative costs, but when I received a reply from CACS (can't go directly to TS anymore) they told me that there is no need for either side to employ a solicitor - so why are Minster Baywatch doing this? BTW CACS have notified TS.

In previous posts I mentioned that Minster Baywatch initially told me I had until the 21st October to pay otherwise court action would be taken against me. They then reneged on this and passed it over straightaway which brought the date forward by almost 3 weeks.

Now I expected Gladstones to wait until at least the 21st before contacting me, however the issue date on the claim form is 20th October, not the 21st. Does this make a difference?

Any advice gratefully received.

Half_way

First of all dont panic.
This, if quoted correctly is missleading at best

The letter states that should a judgement be made against him the details will be passed to a CRA which 'will make it difficult to get credit' Can they say this?

If and If it goes to court, and If Gladstone's turn up and ( a very big If) They win, and If you dont pay the court/pay up after a certain amount of time ( 28 days?) that is if they win, and you lose at court can they then set in motion a chain of events that will affect your credit rating, as you can see too many If's in there and some are great big ones as well.

Misleading at best, fraudulent at worst - needs reporting to the relevant authorities, also see the Theresa May thread, and report to your local MP.

Marktheshark

DO NOT IGNORE THIS ADVICE :
Two options @
You must ONLY now deal directly with the court or you WILL get a CCJ.
Or pay the demand in full.

Contacting the parking firm / Gladstones, writing letters will result in a CCJ.
You have been warned.

If you intend to defend, use all your time finding breeches if POFA and other deference points and respond to the forms with defend whole claim and do not accept mediation, you will lose.

This is harsh advice, but you will thank me for it later

Gin_and_Milk

There's two parts which refer to credit:

'Do not ignore this claim form. If you do nothing judgement may be entered against you without further notice. This will make if difficult for you to get credit'

'Registration of judgements: If this claim results in a judgement order against you, details will be entered in a public register, the Register of Judgements, Orders and Fines. They will then be passed to credit reference agencies, which will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit...'

There are forms to fill in about income, occupation etc; however as my husband is the registered keeper everything is addressed to him. They are unaware that I was the driver, as I used the template letter in my first email to Minster Baywatch which also stated that no assumption can be made about the driver. There is a form enclosed for me to complete if a disagree with the claim or wish to make a counterclaim.

By authorities I guess you mean CACS, who else should I contact?

Gin_and_Milk

Marktheshark wrote: »

DO NOT IGNORE THIS ADVICE :
Two options @
You must ONLY now deal directly with the court or you WILL get a CCJ.
Or pay the demand in full.

Contacting the parking firm / Gladstones, writing letters will result in a CCJ.
You have been warned.

If you intend to defend, use all your time finding breeches if POFA and other deference points and respond to the forms with defend whole claim and do not accept mediation, you will lose.

This is harsh advice, but you will thank me for it later

That's interesting. The letter states that the address for sending documents and payments is Gladstones Solicitors Limited. There is a court address, but if I send the form to Gladstones as instructed my husband would get a CCJ? He'll go ape**** if he ends up with one of those?

If I send the form to the court could that go against me as well?

Thanks

Gin_and_Milk

Another quick question, sorry!

Do I contact the SRA about Gladstones as they have clearly acted upon Minster Baywatch's instructions BEFORE the given date of 21st October?

I'm currently looking through the POFA link on the sticky and it's making me go cross eyed. In previous posts on this thread it would seem that MB have mislead me when they have referred to POFA. I think they mentioned something that doesn't actually exist.

Marktheshark

Have you logged in to see if this is a real claim form from Northampton.
Once you have established it is, you have to deal with the court and file your defence with the court.

If you do not you will get a CCJ, end of argument on that and it will be withing 14 days of the court stamp date .

Forget the SRA and fighting battles and complaints if these are live court papers, you are going to need every second of every day you have spare, the clock is ticking NOW.

The refence to sending documents is for you to send either full payment or later if you defend any documents you intend to rely upon.

If you file a defence, you will receive a summons to a county court hearing at the civil court which the named person on the court papers must attend and present a defence case, many on here do not like the word summons, but that is what it is.

If no defence is entered a automatic CCJ will be entered.

Fighting battles and complaints will confuse you and will not stop the CCJ.
Drop them for now and read the court forms on how to log in and enter a defence unless you intend to pay in full.

Then start researching defences and preparing yours.

Ralph-y

sorry ....... some more reading .....;)

https://forums.moneysavingexpert.com/discussion/comment/61084955#Comment_61084955

do not panic...... you are not the first to go through all this and certainly not be the last .......

also have a read though the blogs found here

http://parking-prankster.blogspot.co.uk/

go back a mounth or so .... they will show you the clowns you are up against:)

keep up the good work

and

good luck

Ralph:cool: