Gladstones and old address - 1 unknown CCJ, 1 unknown Claim

duckieb

Hello all,

Apologies for starting a new thread and for the long post. I have read through this forum extensively for the past week and have also read the newbies thread multiple times. I wanted some advice regarding the situation I am in, which I will outline below, as well as some specific questions. I also wanted advice on my defence that I have crafted.

The background is that I was trying to get a new mortgage on my current flat. My mortgage was rejected due to credit score (having previously been perfect) and I found I had two CCJs against my name. These were from UK Car Park Management Ltd via Gladstones. They related to apparent tickets in a hospital car park (I work in NHS and have worked in multiple hospitals). All correspondence had gone to my old address so I knew nothing about this. I still have family at the old address, but I changed address on all my important mail (including driving license, but sadly had not sent my logbook and changed address as I didn't know I had to do this. Poor admin on my part) and so I assume they got rid of the letters as they thought they were junk mail.

The first CCJ (CCJ #1) was ruled in March 2019, relating to parking in March 2018. It was my first day at a new hospital, I parked in the wrong place and spoke to parking informally who said not to worry about the ticket. I obviously heard nothing after. The second CCJ was from August 2019, relating to parking in the same hospital in July 2018 (I may have had a long/night shift and parked in the wrong place but to be honest I don't remember and am not even sure I was driving). Again I heard nothing about this and don't remember the tickets.

I am planning to appeal to set aside the first CCJ. The second was within 30 days and so I paid it as was desperate for my credit score to improve. I now see this was a mistake. Gladstones then sent another letter to my old address for a claim (Claim #1) for 3 parking tickets from 2017 (2 of which were apparently on the same day?? This seems to be a lie tbh) at a different hospital. I have never even been to this place and was definitely not the driver. Again I obviously saw none of the letters prior as all went to my old address. This latest claim came on 6/9/19 and states "The driver of the vehicle...parked in breach of the terms of parking stipulated at...on...thus incurring the parking charges (the 'PCN's'). The PCNs were not paid within 28 days of issue. The claimant claims the PCNs from the defendant as the driver/keeper of the vehicle. Despite the demands being made, the Defendant has failed to settle their outstanding liability. The claimant claims etc etc."
I have already done the AoS and am crafting my defence for Claim #1. I am also doing set aside paperwork for CCJ #1.

My questions are:
1) Do I have a leg to stand on with the latest claim, as all correspondence went to my old address and I was not the driver. I also am querying why there were apparently 3 tickets, with 2 on the same day. The whole thing makes no sense. I have proof showing I was working elsewhere on that day, but unfortunately my official DVLA address is still my old one as I never sent my logbook. I am however on the electoral roll at my new address. I have none of the previous tickets so don't know if there were cameras as evidence. I will apply for SAR but it will not come in time for defence.

2) Is not receiving the paperwork and it going to my old address enough for CCJ #1 as a defence? I will try irrespective to get it set aside, and will try speak to Parking at my old place of work to see if they can give me something official to waive the ticket from their side.

3) Is the fact that I paid one of the CCJs to get it cleared, and that there are multiple things against my name, going to work against me? Or can they only refer to each claim in isolation at each time?

I am trying to juggle a newborn after an exhausting pregnancy for the past year so was particularly bad with all my admin, including things like changing DVLA address. I would be so grateful for any advice regarding the above, and advice regarding defence for both the Claim #1 (which is most urgent one as has a time limit) and then the CCJ set aside paperwork.

Coupon-mad

My questions are:
1) Do I have a leg to stand on with the latest claim, as all correspondence went to my old address and I was not the driver. I also am querying why there were apparently 3 tickets, with 2 on the same day. The whole thing makes no sense. I have proof showing I was working elsewhere on that day, but unfortunately my official DVLA address is still my old one as I never sent my logbook. I am however on the electoral roll at my new address. I have none of the previous tickets so don't know if there were cameras as evidence. I will apply for SAR but it will not come in time for defence.

There is ALWAYS a leg to stand on, believe us, we've consistently helped 99% of people win at at no CCJ risk even if you lost.

Have you now told Gladstones your new address, and the court (for BOTH cases)? Otherwise your address for service of all the court letters will always be the old one and you might miss something, and THEN you do run a CCJ risk by failing to respond within a court deadline or missing your hearing!

2) Is not receiving the paperwork and it going to my old address enough for CCJ #1 as a defence? I will try irrespective to get it set aside, and will try speak to Parking at my old place of work to see if they can give me something official to waive the ticket from their side.

The PCN can't be waived now. Yes a set aside can be granted on the basis that the C made no real attempt to find you, when the DVLA has told them they can use TRACE and the MoJ has said that Claimants must make reasonable attempts to ensure an address for service is correct, and they picked out parking firms as mainly culpable:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

W see wins in 99.9% f set aside cases. I can only recall ONE refused by a Judge and that was where the Defendant failed to show evidence that they had moved and were 'there to be found', and thus the claim was not properly or reasonably served - as you will be showing the Judge!

3) Is the fact that I paid one of the CCJs to get it cleared, and that there are multiple things against my name, going to work against me?

Not at all.

duckieb

Thank you for the reply. I did tell Gladstones my new address but they sent the latest claim form to my old address again. I will update both the court and Gladstones once more. I am also asking my family at my old address to save any post addressed to me.

If it's ok, I will post my defence for the claim for advice as that has to come first (I have done AoS), and then once that is ready I will ask about the CCJ witness statement/set aside paperwork. Am I able to do it all in this one thread, in turn?

For the latest claim, am I right in understanding that my main defence is:
1) There is no evidence that I was the driver (and I am certain I wasn't, as I have a rota showing I was working elsewhere those days. My husband is also insured on my car, and members of my family have also driven it with their comprehensive insurance covering driving other cars.)
2) Gladstones did not send correspondence to my new address and so I was unable to respond to anything.

What kind of evidence do I need to reference? I don't have any of the initial letters so have no idea what they said. I am also certain that 2 parking tickets wouldn't have been issued on the same day, so am unsure why they've referenced the same day as 2 parking tickets?

The_Deep

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

Coupon-mad

What kind of evidence do I need to reference? I don't have any of the initial letters so have no idea what they said.

You need to send a SAR then, like the NEWBIES thread tells you.

And it sounds like you need to read the example defences there to see what to reference. They are there to be plagiarised!

nosferatu1001

Sending a SAR is an issue, as you have an absolutely DUTY to file a set aside in a timely manner once you discover teh CCJ.

This is usually within 3 weeks at the absolute outside.

duckieb

I will indeed be sending a SAR, but as nosferatu said time is not on my side. I have 21 days or so to file the defence for the latest claim, and probably another week at best to file the set aside for the other CCJ as I first discovered it about 2 weeks ago. In that time I also was away for a few days (a preplanned trip) and had a sick baby so have not had the chance to try see the places where the tickets were given in person (they are quite far from me anyway). I have been desperately trying to research etc in the meantime. Any evidence from the SAR won't reach me in time. What is the best way to proceed with regards to the evidence?

I will post my draft defence for the claim, and following that my draft set aside paperwork for the CCJ.

KeithP

What is the Issue Date on your latest Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Coupon-mad

Clearly you put in the SAR (NOW, by email today) then apply for the set aside and by the time of the hearing you will have your SAR results and be much better prepared if the Judge wants you to elaborate on why you have chances of defending the case.

No idea why this isn't obvious?! Makes total sense.

What is the best way to proceed with regards to the evidence?

For the set aside, the Judge wants to be satisfied about something else, not the defence first & foremost, but I've run out of steam to type much more.

Search the forum for set aside Judge satisfied to learn what they will want from you.

duckieb

Coupon-mad - I thought it had to be posted and did not realise I could do a SAR by email. I will obviously be doing so, as said above. However I have both a CCJ which I am doing set aside for, and a separate different claim (Keith P - it came from County Court in Northampton and issue date 6/9/19). For the claim I will need to write the defence now and so may not have the evidence back from the SAR by the time I have to submit it. That is my problem.

The set-aside for the other CCJ is another matter, and I know that I will hopefully have more of a defence by the time it comes to the hearing with the added evidence. I will also search for what it is the judge wants, thank you. It is the defence for the new claim that I am currently worried about as I don't have any of the letters that preceded it and no info about it as it is from 2017. So I am putting together a defence, due by October 3rd, with no evidence as I have none of the information and am unlikely to have it by 3rd Oct.

KeithP

duckieb wrote: »

- it came from County Court in Northampton and issue date 6/9/19.

With a Claim Issue Date of 6th September, you have until Wednesday 25th September to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 9th October 2019 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.