Default Judgement

KidGravy

Hi,

I wonder if anybody is able to offer any advice please.

Ive just beeen made aware that a judgement has been awarded against me (in default) as the keeper of a vehicle to: Gladstones Solicitors on behalf of New Generation Parking Managent. According to the letter I have a few days in which to settle, thereby avoiding anything going on record. I do not believe I am liable. Is there anything I can do with regard to a defence at this stage, or is my race run?
Thanks

KeithP

As you suggest, the 'race is run'.

It can be undone, but wheter that is worth trying for... depends.

Why didn't you defend the case?

The answer to that question will help determine your next action.

beamerguy

KidGravy wrote: »

Hi,

I wonder if anybody is able to offer any advice please.

Ive just beeen made aware that a judgement has been awarded against me (in default) as the keeper of a vehicle to: Gladstones Solicitors on behalf of New Generation Parking Managent. According to the letter I have a few days in which to settle, thereby avoiding anything going on record. I do not believe I am liable. Is there anything I can do with regard to a defence at this stage, or is my race run?
Thanks

A default happens when you do not turn up in court to defend.

Have you moved home and the V5 still shows your old address

Redx

read the NEWBIES FAQ sticky thread about set asides

as this has already gone to a default CCJ, there is no defence unless you pay £255 for a set aside with a valid reason , and it is granted by the judge

then you would have to defend the original claim

you really need to learn about the £255 set aside process, or pay it IN FULL before the deadline (usually one month)


read this recent thread as they are going through the process


https://forums.moneysavingexpert.com/discussion/5953174/set-aside-defence-help-please


you will need some time to read and digest it, as its a lot of work

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this 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.

KidGravy

Thanks for the prompt responses.
I work all over the country and have only recently returned to the address where I'm registered as the keeper of this particular vehicle. I've also just discovered the prior Claim Form from December.

Thy're claiming a good deal more than £255 and I do not believe I'm responsible, so the 'set aside' avenue seems tempting.

Coupon-mad

Sounds good, if the sum claimed is more than the £255 set aside fee, BUT only if you can satisfy a Judge (with evidence) that you could not reasonably have been expected to have responded to this claim as it was not served at the address you've been at for the past month so you didn't have an opportunity to defend.

Search the forum for 6 point set aside order and copy what others have done. You simply take a completed N244 and the fee, plus your WS and Draft Order asking for various things of the Judge, to your local court. You do not have to send the application the the CCBC as they will only allocate it to your local court anyway.

You don't serve a defence yet, nor does it matter if you're unsure what the claim is about.

You should send the PPC a SAR (see their privacy page online) for all photos, all data held including copies of the front & back of any PCN(s) or NTK(s).

Do not complicate the SAR by asking for non-data items, or by trying to talk about how you are not liable. That's not what a SAR is. See the NEWBIES thread, which covers SARs and set asides in the second post.

If you are going to set aside, don't hang about. The Judge will also need to be satisfied that you acted quickly when you learnt about the CCJ in default.

The_Deep

£255 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and they won, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

Umkomaas

The_Deep wrote: »

£255 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and they won, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

@TD

The Judge has already done so; this is a default judgment CCJ and set aside case now.