A Judgment has been entered against you.

machang

Hello Everyone,

I’m back *face palm*.

I received a letter on the 07/11 from the county court business centre on behalf of Gladstone solicitors, who were representing PARKING CONTROL MANAGEMNT (uk) ltd. (Again). This time for parking in a private car park of an area while I was visiting some friends.

I acknowledged service of receipt online and then went on a teacher training course abroad for three weeks. Unfortunately I didn’t get back in time and when I logged on today to prepare my defence etc it said “A Judgment has been entered against you. You cannot respond to the claim at this time but you may apply for the judgment to be set aside” The judgement was issued today.

What are my options now? I can’t affird to have a CCJ against my name.

Should I just pay it or can I apply to have it set aside?

Thanks for any input in this matter.

Umkomaas

What are my options now?

Realistic options?

Apply for set aside, but given that you knew about this before disappearing, a Judge may not be impressed, however, we can't second-guess him/her. A set aside costs £255 and even if you get the set aside, you still have to recover the £255 fee from the claimant. If they've done nothing 'wrong' in following the process, your chances of recovery are slim (imho!). You are still likely to be ordered by the Judge to put forward a defence.

Pay the charge within the timescale set by the Judge and you avoid a credit trashing CCJ. Perhaps you need to do the math - set aside, which may not be granted, then you've lost £255 and you have to pay the judgement in full, or just stump up the order (even though it may stick in the craw), but then it's over. Maybe whatever's the cheapest!

Your choice. But you're between a rock and a very hard place. This stuff needs to be taken so very seriously, as it has the potential to make a real mess of your life.

If the time to pay the order has expired, do not knee jerk into paying it belatedly as that wont really help you - come back with more information and for more advice.

machang

Hi Unkomass,

Thanks for the advise. That clarifies perfectly. I will just pay it and try and learn from from the whole mess.

machang

So I’ve just payed the fine. I received the following email.

‘This email is confirmation of your payment in the sum of ...

We will inform the court when processed.

They will remove the Judgement.”

Does this mean I actually have a CCJ against me until it’s removed? This is quite important as I’m in the process of applying for a mortgage.

Thanks

WelshGoblin

Umkomaas wrote: »

Realistic options?

Apply for set aside, but given that you knew about this before disappearing, a Judge may not be impressed, however, we can't second-guess him/her. A set aside costs £255 and even if you get the set aside, you still have to recover the £255 fee from the claimant. If they've done nothing 'wrong' in following the process, your chances of recovery are slim (imho!). You are still likely to be ordered by the Judge to put forward a defence.

Pay the charge within the timescale set by the Judge and you avoid a credit trashing CCJ. Perhaps you need to do the math - set aside, which may not be granted, then you've lost £255 and you have to pay the judgement in full, or just stump up the order (even though it may stick in the craw), but then it's over. Maybe whatever's the cheapest!

Your choice. But you're between a rock and a very hard place. This stuff needs to be taken so very seriously, as it has the potential to make a real mess of your life.

If the time to pay the order has expired, do not knee jerk into paying it belatedly as that wont really help you - come back with more information and for more advice.

I've been a little critical of some of the advice on here about fighting every fight regardless of circumstances after reading a few posts in the last few days so I think it only fair to also acknowledge and compliment sensible and realistic advice. Thank you Umkomaas, whilst this is one which sticks in the craw but probably better than throwing good money after bad.

waamo

machang wrote: »

So I’ve just payed the fine. I received the following email.

‘This email is confirmation of your payment in the sum of ...

We will inform the court when processed.

They will remove the Judgement.”

Does this mean I actually have a CCJ against me until it’s removed? This is quite important as I’m in the process of applying for a mortgage.

Thanks

It isn't yet recorded. Paying promptly and having proof of payment means that it won't be recorded.

The_Deep

I've been a little critical of some of the advice on here about fighting every fight regardless of circumstances (Welsh Goblin)

Our advice is always to fight if you have the ability, but not everyone can, or wants to devote the time it takes to deal with these things. One OP who recently won his case in court spent 100 hours on it and got a pittance in costs.

Until Judges make profitable to beat this scammers in court, and lawyers on contingeny jump tin, cf whiplash/PPI, people will pay up.

The_Deep

How much did you have to pay OP? It should not have been much more than £200.

If it was more the PPC and/or Gladstones may have added unlawful charges which you might wish to take up with the SRA.

http://www.sra.org.uk/home/home.page

Even if it is the usual £40 - £50 overcharge, solicitors are well aware what is allowed and what is not, and I am sure that the SRA does not condone this most unsolicitory of practices.

A well honed complaint could cost Gladstones a fair amount of money to field. and might even get them sanctioned.

Also complainto your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

machang

Ok, that puts my mind at rest. I remember from previous posts that it’s not recoreded if you pay within a certain time frame. Personally I wouldn’t want A CCJ against my name even if it was for 30 days.

Thanks for everyone’s advise 🙏🏼

nosferatu1001

My understandin gis

It is immediately recorded
If the payment is made in full witihin 1 month, it is then removed.

machang

Does anyone have a definitive answer on this?