CCJ I didn't know I had thanks to PCM??

#muffintop

Hi everyone,

You'll have to bear with me, I'm new to all of this and don't have a very good legal mind. I've spent a long time looking through threads and thee seems to be some great advice, but I'm just so lost I feel like a rabbit in headlights (which I believe is how PCM want me to feel, and panic me into paying?)

Long story short, I write my car off in September and applied for a loan, I got rejected, so I looked at my credit file to find I had a CCJ!! I called the courts, who said it was given by Gladstone Solicitors who work on behalf of Parking Control Management. I do not remember getting that ticket, however my partner also drives my car and may have got it and forgotten about it.

The PCN was apparently given in August of 2016, and I moved house around then, maybe late August early September. I updated my address with the DVLA in November, and received no correspondence regarding the above whatsoever.

I called PCM the day I found out, who passed me onto Gladstones. Gladstones do not allow phone calls, so I wrote to them in 13/09/2017. As I heard nothing back, I called all the numbers I could find, I tried tracking them down on social media (nothing, weird in this day and age) and eventually begged PCM to contact them on my behalf. I heard back from them tonight with the following...


Thank you for your query, my apologies for the delay in responding.

Your Gladstones Reference number is contained within the subject field of this email (xxxxx) however unfortunately this case has been passed to Direct Collection Bailiffs Limited ('DCBL') and as such we cannot assist you further.

In view of the above, we can only suggest making contact with them if you would like to resolve the Judgment entered against you or in the alternative seeking independant legal advice.

DCBL's website is [xxxx]. Their number for contact is 0208 108 6425.

Yours Sincerely,

Gregg
Litigation Assistant


Now I'm sh*tting myself, I desperately don't want a CCJ, I've grafted for the NHS for many years and really want a mortgage. I understand you can get them set aside, but cannot afford a solicitor. What on earth do I say? The stress of this on top of writing off my car is really getting on top of me. If I knew I was being taken to court, I would have done something about this!! Why did the courts not check my address before giving me a CCJ? Im so easily traceable, I'm on the electoral register too. The whole thing just seems wrong, but I'm not sure what to do and any advice would be greatly appreciated!!

Thanks

Redx

it is already a CCJ

it costs £255 to set aside a CCJ assuming a judge agrees to it (like moving house and no knowing about it - very common)

you then have to ask for the costs back plus you also have to fight the original MCOL over the pcn (so it turns the clock back)

if you are successful you can get the CCJ expunged from the court records and your credit file

if you pay it , it stays for 6 years and is marked as "satisfied"

there are dozens of similar recent threads so read through those too

use the forum drop down search box and £255 set aside to find them ;
the NEWBIES FAQ sticky thread may also assist you

yes it is wrong and 12 months ago Teresa May was supposed to be looking into it with Marcus Jones MP, nothing has been done however

ps:- courts dont check addresses, they write to the address given to them on the MCOL claim form by the claimant , who usually gets it from the initial DVLA record at the time of the parking ticket

ps:- message the admins of this site and change your username to a nom de plume , not your real name , also remove your real name from post #1 in their reply

pps:- some reading for you to get a handle on it

https://forums.moneysavingexpert.com/discussion/5710008

and

https://forums.moneysavingexpert.com/discussion/5676997

and especially

https://forums.moneysavingexpert.com/discussion/5581374

safarmuk

I desperately don't want a CCJ,

As above - if you don't want this on your credit file (even as "satisfied") you need to get it set aside ASAP. Their are lots of threads on here where people have got help and successfully set aside the CCJ. Search for them, read them and then post here your specific questions and you will get the help you need to try to get this set aside.

Once that is done as Redx says the process starts again and the PPC can re-issue the claim to your new address and then you defend it with help from people here. At this point you are in a much better position, if you win the case, you pay nothing and it is over, if you lose then you just pay what the judge orders within the timeline and again its over (no CCJ this time).

At the end of this you can also then complain to your MP about this ridiculous practice that PPCs are operating where people like you unwittingly get credit clamped.

However, one thing at a time -> set aside is paramount and needs to be done quickly.

Quentin

Definitely don't follow the advice to contact the bailiffs!


(But decide quickly what you intend to do if enforcement by bailiffs has been ordered over this issue)

#muffintop

Thank you so much for all of your advice, you've been so helpful!! So am I right in thinking that if I 'win' I can recover the costs? And do I need to seek PCMs permission before attempting to set aside the CCJ or do I just fill in that form ASAP?

Thanks again!!

Redx

there are various ways of "managing" this

you only get the costs back if you can persuade the judge to let you have them, its not automatic

but in theory , yes , you claim costs back and possibly other monies for damages etc (punitive costs for not checking your address through a tracing service etc)

if the P.M, stopped coughing and messing about with brexit she might have sorted this out. the new rules on MCOL protocols came in on 01 oct 2017 which do go some way to addressing this but sadly they didnt include checking addresses first

if you fill the form in , you will have to pay the £255 up front, then try to claim it back later

Marktheshark

You just fill the form in, do not correspond at all with the parking scammers

#muffintop

Really appreciate everyone's advice, you're all amazing, thank you!!

On a side note, the absolute scumbags have just taken over management of my lovely little gated community, but the gates have been vandalised and so the housing management of my lovely little community installed permits and PCM to manage this. I unfortunately wrote off my previous car, and managed to salvage my permit from the wreckage but not my permit holder (stuck to the windscreen).
The air conditioning of my new car blew my permit off my windscreen, so the permit could not be seen from the outside, so I got a PCN (at 3am in the morning). I'm clearly too trusting and wrote an appeal in good faith, providing evidence that I own a permit and this is a genuine mistake of an actual resident having a very bad week. They declined my appeal (obviously) and now want me to pay £100. I own a permit!!! I live here!!! It just seems ludicrous to me- does anyone have any thoughts? I didn't admit to being the driver...

claxtome

PCM are International Parking Community(IPC) Approved Operator Scheme(AOS) members and the NEWBIE thread wouldn't advise appealing to AOS. POPLA second stage appeal for the other parking body British Parking Association (BPA) is recommended but not IPC AOS.

I suggest you read in detail the NEWBIE thread about what to do at second stage appeal for IPC members. I think the advice is to ignore any letters until you receive one labelled Letter Before Claim (LBC) or can be referred to the longer Letter Before County Court Claim (LBCCC) term. They have to take you to court within 6 years.

For an idea if they will take you to court look here->
http://www.bmpa.eu/companydata/Parking_Control_Management_UK.html

Quentin

Katiefaulkner wrote: »

Really appreciate everyone's advice, you're all amazing, thank you!!

On a side note, the absolute scumbags have just taken over management of my lovely little gated community, but the gates have been vandalised and so the housing management of my lovely little community installed permits and PCM to manage this. I unfortunately wrote off my previous car, and managed to salvage my permit from the wreckage but not my permit holder (stuck to the windscreen).
The air conditioning of my new car blew my permit off my windscreen, so the permit could not be seen from the outside, so I got a PCN (at 3am in the morning). I'm clearly too trusting and wrote an appeal in good faith, providing evidence that I own a permit and this is a genuine mistake of an actual resident having a very bad week. They declined my appeal (obviously) and now want me to pay £100. I own a permit!!! I live here!!! It just seems ludicrous to me- does anyone have any thoughts? I didn't admit to being the driver...

Assuming this is a separate PCN to the one you started this thread about then you should start a new thread for advice on how to deal with this (though read the newbies faq thread first near the top of the forum to learn the game you are caught up in)


It will get confusing if both separate pcns are mixed in one thread

#muffintop

Hey Team,

I have just drafted my witness statement for the purpose of the N244 Form to get the judgment set aside...does anyone have any thoughts?

Any input would be greatly appreciated!!


In relation to the alleged parking offence on 12/08/2016
Keeper: XXXXXXXXXX

At the time of the alleged offence I was the keeper of the vehicle. The driver is unknown and shall not be named. I was not the driver at the time of the alleged offence- I was therefore unaware of the alleged offence until I checked my credit file on 13/09/2017 and found there to be a CCJ. I contacted Northampton County Court that morning as I believed there to be a mistake- I was unaware and had received no correspondence regarding a county court hearing of any form. Please see appendix A, kindly sent to me by the Helpdesk Administration Officer on 13/09/2017 via email, which detailed that I had been issued a CCJ, with the claimant being ‘Parking Control Management’ (PCM) for a Penalty Charge Notice (PCN) issued on 12/08/2016 at Gallions Approach.

I received no correspondence from PCM, nor Gladstones Solicitors who represented PCM in court. I was in the process of changing residence in August of 2016, leaving my old place of residence and a forwarding address in September and updated the DVLA of my new address. I received no correspondence from PCM nor Gladstones Solicitors.

I am requesting for the county court judgement be set aside, as I was unable to defend my case whilst being unaware of the original alleged offence and receiving no correspondence. I am also aware that the charge given is not an accurate estimation of loss to the landowner or parking agent and would request evidence of such- however the impact of a county court judgement on my credit file is wholly inaccurate and unreflective of my prior credit file and me as a person. This has caused considerable yet unnecessary stress and upset, impacting on my daily life and affecting my finances.















Appendix A

CASE DETAILS - THE DRIVER OF THE VEHICLE REGISTRATION XXXXXXX (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON 12/08/2016 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT GALLIONS APPROACH THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE. AND THE CLAIMANT CLAIMS £150 FOR PARKING CHARGES / DAMAGES AND INDEMNITY COSTS IF APPLICABLE, TOGETHER WITH INTEREST OF £5.03 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.03 PER DAY.

CLAIMANT - PARKING CONTROL MANAGEMENT (UK) LIMITED, THE COURTYARD, 1A CRANBOURNE ROAD, SLOUGH, BERKS, SL1 2XF

CLAIMANT SOLICITORS - GLADSTONES SOLICITORS LIMITED, THE TERRACE, HIGH LEGH PARK GOLF CLUB, WARRINGTON, CHESHIRE, WA16 6AA TEL - 01565 655 470, REF 100015.8047/PARKING CONT.