Letter before claim from Gladstones

Joey_Santiago

I just wanted to double check the Abuse of Process section which starts with this point.

7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £77.44, for 'contractual costs persuant to the Contract and PCN terms and conditions, together with statutory interest' which appears to be an attempt at double recovery.

Having checked the original PCN it states in the Payment section that 'failure to pay this charge may result in enforcement action which could include County Court proceedings and which may include additional costs.
Does this in any way hinder the AOP as they have stated additional costs may be incurred over the original amount of charge?

beamerguy

Joey_Santiago wrote: »

I just wanted to double check the Abuse of Process section which starts with this point.

7. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £77.44, for 'contractual costs persuant to the Contract and PCN terms and conditions, together with statutory interest' which appears to be an attempt at double recovery.

Having checked the original PCN it states in the Payment section that 'failure to pay this charge may result in enforcement action which could include County Court proceedings and which may include additional costs.
Does this in any way hinder the AOP as they have stated additional costs may be incurred over the original amount of charge?

The point being is that a contract is formed at the time.
A PCN is a charge notice only after the event and does not form a contract.
A PCN is simply an invoice
You were not informed of this until the PCN .. WAS issued

Joey_Santiago

Thanks all, defence submitted yesterday so will now get onto the DQ.
Quick question that one of our group (there's a lot of people in the same boat who received the Claim form the same day) has raised. Apparently the claim is already on our credit history and we have to win to get it removed?
My understanding was that it would only be added to our credit history if we lost, received a CCJ AND didn't pay.
Does anyone know the exact process for this? Thanks

nosferatu1001

Yes, theyre talking crap> if they have a CCJ, it is NOT from a claim form thats not past the deadline. Its from somewhere else.

the clue is in the "J" - JUDGEMENT. There has been no judgement, yet.

Joey_Santiago

Cheers - I think she failed to complete the AOS in time which might explain it!

Coupon-mad

Oh dear.

Sounds like that person sleepwalked into a CCJ and she must pay the sum in full (not in instalments!) to the Claimant, before day 30 from the default judgment, then it will be wiped.

If it's past day 30 already from the default judgment, then she's stuffed through her own procrastination, and could only pay a court fee to try to set the CCJ aside if, for example, she never got to acknowledge the claim because she was abroad for 3 weeks.

Or she could see if the Claimant will agree to a set aside 'with consent' but that means paying them in full and ONLY if they first of all sign a consent form to a no contest CCJ set aside...unlikely I would think from the ex-clamper lowlifes at NPE.

Paying it is not an option, as the CCJ remains, if the default is over 30 days ago and still wrecks her credit for six years. Horrible scam, worse than clamping was.

Anyway back to your case! Like I said about your defence:

looks good to sign, date and email to the CCBCAQ email addy.

Joey_Santiago

Done - it was registered as received very quickly and confirmed in writing. I have just received the DQ as well so will complete that now.

Joey_Santiago

DQ Question regarding witnesses.

My partner was with me at the time, she can back me up but has no additional perspective/information. Is it worth adding her as a witness or do you think my defence will be enough?

Joey_Santiago

I have finally received my court date (second week of December). I have a Notice of Allocation to the Small Claims Track (Hearing).
It states the the Claimant must pay the court fees by 14 November or it will be struck out but I'm assuming as they have come this far they will pay this.
Any advice as to next steps? I believe I have to submit all the documents/evidence/witness statements I will be relying on next?

Redx

Correct , your court order tells you this , please read it , both sides

Then read the advice by bargepole which tells you all the steps

Lastly , read other recent and also completed Court case threads so you can see what they did , because it's poor research that makes you ask these questions

I have never been through this process , yet know more than you due to following my advice of researching it and digesting feedback , it's not difficult when others have already been down the same path as you