Judment for Claimant

HO87

The_Deep wrote: »

In that case, I am surprised that there is no human intervention.

Beyond that of the shaved chimp variety there is no human intervention at all during the MCOL process unless you define intervention as shifting a case from one box to another.

Content is not examined as is amply demonstrated by the vast number of cases that get as far as a county court before being thrown out by a real judge for want of disclosing any claim - and that occurs in cases where initial defences submitted through Northampton make it very clear that claims are wanting. Nobody, it seems, reads anything.

Aside from the system allowing default CCJ's it is this failure to hold claimants' feet to the fire with regard to the rules that means the whole MCOL process is weighted for the claimant.

If Northampton actually read through things cases might be delayed but many fewer speculative cases would make it through the process and a degree of balance would be achieved.

For the establishment to have ever suggested to the public that the MCOL procedure was to enable the small man to achieve redress was a misdirection of the worst kind. To have allowed it to continue for as long as it has gives the lie, IMHO, to claims that the interests of Joe Soap are at the heart of the government's thinking. La May would do well to bear this in mind when she can spare the time to look at a real issue.

Half_way

Im still not too sure on this, the OP isnt exactly helping herself.

I Would suggest that the OP also posts on other sites such as pepipoo to get as much help as possible.

I would also suggest, that if there has been a default judgement and a set aside is out of the question, that the OP starts seriously looking into counter-claiming against MOTO ( as principal) to re-coup her costs caused by CP plus ( Agents of Moto)

The OP laos stated this

I have contacted Moto again today (seems like all their parking related emails go directly back to cpp!!).

Thats probably correct, however it all depends on what e-mail address you use, dig a bit deeper and you could find the correct e-mail address, phone number and postal address to use.##

Also take a look on the Theresa may thread

Any one else got any thoughts on counter claiming against Moto hospitality?

HO87

The OP could resolve this very quickly by contacting Northampton and quoting the claim reference. They will confirm the current status and let them know the cut-off to avoid the judgment being registered. Unless and until the judgment is registered there is no record on her credit file and it is that that everyone refers to as a CCJ (before we enter into a repeat of the debate about whether CCJ's exist).

It is reasonably clear that the OP does not have the time to devote to a set-aside application - a process that will last for several months and require a court hearing. Oh and a payment of £255 for the application.

Coupon-mad

@silly bean, we are so sorry to hear how this has panned out but it seems you ignored court papers.

If you pay in time then it is gone. But then please tell Mrs May and your MP, why the MCOL system (where no human even looks at the merits of a claim) is not working for the ordinary person who has no clue that they've just lost a court case without a hearing:

https://forums.moneysavingexpert.com/discussion/5524754

There is a link to a template complaint letter if you have little time. Please do that, once you have sorted this issue as best you can.

silly_bean

Thank you all once again. Not heard anything back today from all the correspondence I sent out last week. Only from Cpp and Jmw of course!! From the forms I received, I emailed anything that needed to go back to the court but as I didn't hear back and one mail said "due to an extreme amount of correspondence etc . . . " probably wasn't even read. Then time ran out and they grasped at that weakness.
I know there are a few pieces of the jigsaw are missing and most of it is back to me from them. Not knowing the procedure and who to contact made me "take my eye off the ball" which wasn't really on it in the first place. A lot of the emails were read by Cpp as they all seem to go back to them whoever you contact "independently". Somehow, they picked up some correspondence and have highlighted my "weak defense" (see their letter below).

This is what I had back from Jmw Solicitors and the court is in Salford it seems.

Dear Lyndsey

With respect, you were given the opportunity to defend this claim on the Claim Form and Response Pack that was sent to you by the Court. The instructions provided by the Court are very clear on this form. Having said that we are unsure what the content of your defence would have been as you have openly admitted in your email that you were “in the service station under no pretence and being completely oblivious of any parking ticket or fee required”.

Judgment has therefore been entered correctly in this matter and we would therefore require payment in the amount of £267.02 to satisfy it. If paid by 20 November 2016 (cleared funds being received in our office by this date) we will write to the Court asking them for the Judgment to not be registered against you.

silly_bean

Sorry to re post - I've just seen all the great added comments. I'm going to pay this today. It's so refreshing to read your informative replies. I am sick about this and feel that they have certainly picked on a weak one, so it's my own fault. However, I will look in to it more once the dept is off my back, the solicitors did say "we will write to the Court asking them for the Judgment to not be registered against you."

First time for everything and this is the first parking "ticket" hahaha!! . . . . what they are fining me for is still beyond me but thinking it will go away with a few emails was my error.

Thanks again!

Ralph-y

while you are thinking about this .....

perhaps you might consider ...

This is a campaign of asking people to keep sending Theresa May actual hard copies of the trash they've been deluged with. Let her advisers' desks overflow with annoying paperwork re PPCs.

No emails, all letters from genuine people pouring their hearts out. Write to your MP as well as Mrs May:

https://bmpa.zendesk.com/hc/en-us/articles/211923909-Why-not-write-to-your-MP

The more the better, write it yourself if you are able and enclose copies of the threatograms and rubbish thrown at you.

Do not do this by email - make your paperwork land with a thump on desks, just like it all landed in a very unwelcome way on your doormat.

Apparently the DCLG are looking to make an announcement before the year end so let's make MP's and Mrs May aware that action needs to be strong. You can be sure that the BPA and IPC suits are lobbying Parliament and meeting their friends in suits.

So let the consumers' voices be heard.


Ralph:cool:

DoaM

If you're in time then you'll have narrowly avoided being "credit clamped" ... it's like your car being wheel clamped but far more horrendous for the victim. The government allowed this to happen, so we need the government to be abundantly aware of what their actions have yielded ... and that they need to take further action.

Redx

silly_bean wrote: »

This is what I had back from Jmw Solicitors and the court is in Salford it seems.

Dear Lyndsey

With respect, you were given the opportunity to defend this claim on the Claim Form and Response Pack that was sent to you by the Court. The instructions provided by the Court are very clear on this form. Having said that we are unsure what the content of your defence would have been as you have openly admitted in your email that you were “in the service station under no pretence and being completely oblivious of any parking ticket or fee required”.

Judgment has therefore been entered correctly in this matter and we would therefore require payment in the amount of £267.02 to satisfy it. If paid by 20 November 2016 (cleared funds being received in our office by this date) we will write to the Court asking them for the Judgment to not be registered against you.

FYI

I doubt that the "court" is in Salford

the government "office" in Salford is the manual handling centre, whereas the online MCOL "office" is in Northampton

yes the JUDGMENT will have been handled by the Salford "office" but had you contested it you would have been able to have it changed to a nominated court closer to you (same as with an MCOL)

my point ? The government has 2 handling centres, one online (but also included paper) , one manual (paper only)

yours seems to be handled by the second one for manual claims

dont take my word for it , google it

Herzlos

Once you've paid the judgement off, send a Letter Before Claim to Moto services for the money back, and follow up on it.