CCJ, Notice to keeper and LETTER BEFORE CLAIM

haiderA

HI

I should have read this way before. There is a lot of information

i had 2 CCJ's for parking, i ended up paying these due to them being on my credit file i wanted them off. i didnt agree with the charges but was going through personal problems and this got left to one side CAN I GET THE MONEY BACK?

I have got a a Gladstones LETTER BEFORE CLAIM for a parking issue back in july!!! - Which i replied to with a template i found on here, but i sent it via ROYAL MAIL Recorded is that good or bad?

NOW.. I have a notice to keeper... if I show you the images it is a total joke. pitch black all you can see is headlights, the second looks like a vague picture of the reg number, how do i respond to this Notice to keeper? Driver was never parked.

Thank you for the help in advance

beamerguy

haiderA wrote: »

HI

I should have read this way before. There is a lot of information

i had 2 CCJ's for parking, i ended up paying these due to them being on my credit file i wanted them off. i didnt agree with the charges but was going through personal problems and this got left to one side CAN I GET THE MONEY BACK?

I have got a a Gladstones LETTER BEFORE CLAIM for a parking issue back in july!!! - Which i replied to with a template i found on here, but i sent it via ROYAL MAIL Recorded is that good or bad?

NOW.. I have a notice to keeper... if I show you the images it is a total joke. pitch black all you can see is headlights, the second looks like a vague picture of the reg number, how do i respond to this Notice to keeper? i was never parked i dropped of my mate and went on my way. literally 30 seconds if anything.

Thank you for the help in advance

It would help others to understand, the 2 CCJ's you got, did you defend yourself in court ???

Pictures are a big part in this.
Who is the Parking company

nosferatu1001

Wow, too much bold and too many issues in one place

1) the 2 CCJs - nope, not a hope of getting the money back unless you were notified of the CCJs less than 21 days ago and are willing to risk £510 on 2 applications for set aside

2) Well, did they receive the response? Only you know this. As for whether your response itself was good or bad, given we have no idea what you sent, we cannot possibly say

3) NTK - I presume this is for yet another ticket, not related to the first 3 (or more)?

If so, have ytou followed the newbies thread? Simple question, given it gives you a one stop shop including a single template appeal. If you dont tell us who the NtK is from, what its supposedly for, when it was received vs the supposed breach of contract date, etc, again we cannot possibly help.

Frankly, I would suggest you dont try to handle 3 entirely different issues on one thread, thats a recipoe for confusion.

haiderA

beamerguy wrote: »

It would help others to understand, the 2 CCJ's you got, did you defend yourself in court ???

Pictures are a big part in this.
Who is the Parking company

Hi

I was going though a few personal problems and didnt manage to get to court, by the time i noticed what was happening it was at the stage where it was given a default claim and the only way to get them off was to pay in 30 days.

The Gladstone Letter before Claim was via Link parking, I never got any pictures for this. this came to me last week of October.

The Recent Notice to Keeper was UKPC - the pictures were a joke, one is a pitch black where you can only see the headlights, the second image is of the reg plate.

What should i do?

waamo

You don't stand a chance with the ccjs. Forget them. As for the NTK then take a look at the thread at the top of this board that tells Newbies to read it first.

The Newbies thread tells you exactly what to do.

beamerguy

haiderA wrote: »

Hi

I was going though a few personal problems and didnt manage to get to court, by the time i noticed what was happening it was at the stage where it was given a default claim and the only way to get them off was to pay in 30 days.

The Gladstone Letter before Claim was via Link parking, I never got any pictures for this. this came to me last week of October.

The Recent Notice to Keeper was UKPC - the pictures were a joke, one is a pitch black where you can only see the headlights, the second image is of the reg plate. I went in dropped my mate off turned around and came out, the timing was 11.58pm at a leisure centre.

What should i do?

You have to forget about the past. Any old foolish parking company can get an auto CCJ if you don't turn up.
So now, , you seem to have 2 issues and it's confusing.

A recent NTK from UKPC can be appealed

The LBA from Gladstones must be replied to.

Did this LBA give you proof of their claim and give you 30 days to respond ....... does it add on any fake amounts

haiderA

nosferatu1001 wrote: »

Wow, too much bold and too many issues in one place

1) the 2 CCJs - nope, not a hope of getting the money back unless you were notified of the CCJs less than 21 days ago and are willing to risk £510 on 2 applications for set aside

2) Well, did they receive the response? Only you know this. As for whether your response itself was good or bad, given we have no idea what you sent, we cannot possibly say

3) NTK - I presume this is for yet another ticket, not related to the first 3 (or more)?

If so, have ytou followed the newbies thread? Simple question, given it gives you a one stop shop including a single template appeal. If you dont tell us who the NtK is from, what its supposedly for, when it was received vs the supposed breach of contract date, etc, again we cannot possibly help.

Frankly, I would suggest you dont try to handle 3 entirely different issues on one thread, thats a recipoe for confusion.

Hi

1) I will have to let the CCJ one go then, as you mentioned i cant get it back.

2) My response to the Letter before claim was this template (BELOW), I couldnt find a email address to reply to, i was given a link to a portal. i have 30 days from the 30th october.

3) YES THE NTK was another ticket regarding a leisure centre. I will get the details and get back to you. I did have a look at the NEWBIES but i got lost in the info, will have another look tonight.

Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA
[Date]
Your Ref: [Ref]
Dear Sirs,
I am in receipt of your Letter Before Claim of [Date].
The letter that I received does not provide me with sufficient detail of the claim, nor does it provide any evidence that you stated in your letter that your client is relying on. Your client must come to understand that on 1st October 2017, a new protocol came into action regarding debt claims. Since the claim proceedings are taking place after this date, the new protocol must be adhered to.

The letter that I received from yourselves does not meet the requirements of the previously valid Practice Direction – Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. As you and your client should be well aware, the previously used Practice Direction and the Protocol, which is applicable from 1st October 2017, are legally binding to all parties of any sized debt claim. It is in place so that prior to court proceedings, all parties understand the claim and their particular positions in relation to it, ensure that parties can take stock of their positions and also negotiate a settlement before the claim goes to court as to mitigate court costs and also valuable court time.

I am requesting all the documents/information that the new protocol state that your client has to produce. As a result of not providing this information from letter before claim, your client should not issue any proceedings without complying with the protocol requirements. I must also state that I reserve the right to bring to light any failure of the Claimant to obey with the protocol to the attention of the court, and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when any costs come to be considered.

I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 establishing yourself as the creditor.
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Lastly, I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practise Direction, and an order that this information is provided.


Yours faithfully

nosferatu1001

Any chance you can stop randomly numbering?

Just use the same numbers I did if you are going to respond to my quesitons. Also, answer EVERY qesiton asked - for example, I asked if they ahd recieved the LBA response, and you said nothing.

so

1) I presume youre going to give up on this? You havent got a hope of getting your momney back, you chose not to turn up and so of course you were going to lose. You cannot possibly think you can persuade a court that they should waste more time on you than they already have, when all they know is that you havea 100% record of failing to turn up?

2) You seem to have made this your "1)" in the post 7 above. Well, you need to now EDIT YOUR POST and remove ANY indicaiton of the identity of the driver. They are the DRIVER who went in and turned aorund, etc... Dont argue, do this, for post 7 and any other post where you tell usthe drivers ID. The newbies thread isnt confusing - as long sa you only read what you need, and you only need point 1, theres a template pre-written for you, and it tells you not to look for exact matches.

3) So for the LBA response what do you mean by 30th October? have they written back to you? The original post only said you wrote in July, so have they responded to that July leter? If so, what with?

We cannot mind read. You need to, as I told you already, split this into different threads. You have THREE ENTIRELY DIFFERENT ISSUES here.

haiderA

I will separate the issues out repost.

I will look over the NEWBIES part again.

Thank you

Fruitcake

Your post concerning the "live" PCN from UKPC gives away the driver's identity (post 4).

Send the appeal template in blue you will find in post 1 of the NEWBIES from the keeper for that one. That gets it out of your hair until the PoPLA code arrives so you can concentrate on the LBA.

haiderA

Fruitcake wrote: »

Your post concerning the "live" PCN from UKPC gives away the driver's identity (post 4).

Send the appeal template in blue you will find in post 1 of the NEWBIES from the keeper for that one. That gets it out of your hair until the PoPLA code arrives so you can concentrate on the LBA.

thank you i will do that. appreciate the help