Assistance requested - LBC received

[Deleted User]

The claim should've been struck out no judgment entered. There's an argument the claim form was void ab initio since it has never named an identifiable party.

It is presumably also unclear from the particulars (which are also likely to be defective) if pursuing the driver (Mrs O/P) or the keeper (Mr O/P). Here the fact that they may have pleaded both and they are different persons only adds to the confusion. That will make it difficult foe C to apply to substitute a party.

Coupon-mad

Do as Johnersh advises and write to the CCBC, FTAO the Judge, explaining about the advice obtained over the phone from Court staff which was followed, and that a non-served claim should not be able to be 'enforced' and this shows all that is wrong with Gladstones robo-claim model that looks at no facts or details.

psycho101

Thanks for all advice - greatly appreciated.

Further issues have arisen though: I called CCBC again today to get confirmation of where to send the letter to and details of the judge to send it to.

CCBC managers were clear to say that no judge is involved in the matter at this point, and that any letter I send, whether by post or email, will not be forwarded to any authority or judge, simply filed. It will not stop enforcement - warrant/bailiff etc.

On the point that the claim should have already been struck out once the CCBC sent it back to Gladstones as 'not served' - there is no process or mechanism the court currently has to do this. Gladstones have simply processed the Judgement for Claimant by default via an online portal - it is not checked by a clerk nor seen by a judge and the letter is sent out automatically. Horrendous but true.

I appreciate that an option is to do nothing - since there is no named defendant. A bailiff in theory would be limited in what they could do - but I am out at work a lot, have a young family, and want to avoid bailiffs at my family's door.

So, in light of this, it looks like an application for a Set Aside is the only option, besides giving in and paying. As I put together the N244 form, I will post a draft of the wording for feedback and advice here.

At this point, can I ask 2 questions of anyone who can help: 1) Am I missing something? 2) In terms of the order I would be asking the court to make on the N244, should I be requesting that the judgement is 'Struck Out' or 'Set Aside'?

System

It would appear that there is a judgment that cannot be enforced.

A few issues here

1. It can't be enforced as it is not against a person but rather a location
2. Gladstones would have to pay to get it enforced and since they are clowns, it's not going to happen.
3. If you were to be successful in getting it set aside, who would you claim the £255 from as it wasn't an error by the court.
4. Why get a duff CCJ set aside as it would only prompt them to send an improved claim to a named person.

Let it lie.

psycho101

Appreciate the advice, but would it still not be the case that a CCJ, as duff as it may be, which named my surname and address would still detrimentally affect the ability to get credit for myself and my family?

It’s gotten this far (to a Judgement for claimant) without a named defendant. With the automated systems in play here, what stops a warrant application successfully going through, leading to bailiffs etc.?

With a set aside, would I not be able to claim the £255 back from Gladstones, on the basis that they were informed by the court that the claim was non served, but chose to ignore and process for judgement in default, leading to me having to take this action?

worried_jim

psycho101 wrote: »

Appreciate the advice, but would it still not be the case that a CCJ, as duff as it may be, which named my surname and address would still detrimentally affect the ability to get credit for myself and my family?

It’s gotten this far (to a Judgement for claimant) without a named defendant. With the automated systems in play here, what stops a warrant application successfully going through, leading to bailiffs etc.?

With a set aside, would I not be able to claim the £255 back from Gladstones, on the basis that they were informed by the court that the claim was non served, but chose to ignore and process for judgement in default, leading to me having to take this action?

Who's credit file would they apply it to? When (if) a bailiff turns up "I am here to collect £X from, ahh, there is no name on this judgement". Bye mate, have a nice day.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

psycho101

OK so listening to the pieces of advice and researching this forum, although a Judgement for Claimant should usually be dealt with within 30 days, I'm getting the strong vibe that doing nothing is the recommended option in this case, rather than going for a set aside.

Please, if anyone has a different view - do correct me!?

Coupon-mad and Johnersh - I'm curious why you originally suggested I write to the judge, even though there are no judges involved at this point of a judgement for claimant in default. Am I missing something here?

Coupon-mad

There are Judges at the CCBC. You would be asking the CCBC to put it before a Judge.

psycho101

They've already said they won't do that without a N244 completed and paid for. Options seem to be to apply for a set aside, or do nothing...