Default CCJ - Private Residential Parking - Gladstones

Spyro85

Hello,
Here looking for advice. Apologies if there are threads this issue already involves and, if so, please can someone post the appropriate links. The Registered Keeper has spent many days combing the forum, making notes and finding a lot of extremely useful information but not 100% sure which laws or rules apply to this case. This is the Registered Keepers first time ever to post on a forum. Any help would be much appreciated.

The issue:
• The Registered Keeper carried out a credit check and noticed a Default County Court
Judgement. Issued April 2019.
• The Registered Keeper phoned the County Court Business Centre who advise this was
issued by a parking company.
• County Court Business Centre phone call followed with this email:

Claimant & Gladstones Solicitors VS XXXXX

THE DRIVER OF THE VEHICLE WITH REGISTRATION xxxxxxx (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT xx xxxxx Street xxxxx, ON xx/xx/2017 THUS INCURRING THE PARKING CHARGE (THE 'PCN'). THE DRIVER OF THE VEHICLE AGREED TO PAY THE PCN WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO. THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDSBEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 FOR THE PCN, £60.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £20.60 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.

• No communication received about this. Default CCJ issued April 2019.
• The Registered Keeper of the Vehicle has moved twice since PCN was apparently issued
in 2017.
• The RK has evidence of having lived at the stated address and evidence of a permit but
No evidence of a tenancy agreement. Private residential parking. Allocated marked bay.
• The RK has evidence that a bus lane fine was paid 2 months following the PCN issue
date. Details were sent to the appropriate address and bus lane fine was promptly paid.
• The RK has submitted an N244 for set aside 2 days after recognising the CCJ. Following
advice from NEWBIES thread. £255 paid.
• The RK has requested a Subject Access Request from the parking company who have
refused.
• The RK has requested a SAR from from Gladstones who advise all correspondence be via
them on behalf of their client.
• Gladstones are requesting evidence of living at the above mentioned address and proof
that the RK’s DVLA records were updated before they provide the information they hold.
• The RK has requested a SAR from DVLA.
• The parking company state on their website they are part of the British Parking Authority,
however they are not on the member list on the BPA website. They are listed on the
International Parking community. Email sent to BPA to confirm.

Please, any advice would be much appreciated. Where do I stand and where do I go from here?

Umkomaas

The parking company state on their website they are part of the British Parking Authority, however they are not on the member list on the BPA website. They are listed on the International Parking community. Email sent to BPA to confirm.

The BPA are not any kind of 'Authority', they are merely an 'association', a trade association.

The parking firm (PPC) can be a corporate member of the BPA (signified by an oblong logo) and an Approved/Accredited Operator of the IPC (signified by a circular logo - the dangerous one).

No need to contact the BPA - give us the name of the PPC and we'll tell you categorically who they are and what their status is. In any case we need the name of the PPC to make sure that any ongoing advice will be accurate.

You need to apply for a set aside, so please read how to do this via the NEWBIES FAQ sticky, post #2.

Whatever you do, don't get panicked into paying this off right now, as that will not help repair your credit rating whatsoever.

Spyro85

Thank you very much for your reply Umkomaas!

The PPC is 'New World Facilities East Essex'.
Having looked on the IPC website, they are listed on there.
I have sent my N244 form for a set aside.

Le_Kirk

Spyro85 wrote: »

Thank you very much for your reply Umkomaas!

The PPC is 'New World Facilities East Essex'.
Having looked on the IPC website, they are listed on there.
I have sent my N244 form for a set aside.

Did you accompany it with a six-point draft order and witness statement as per the advice on the forum? Use the Search this Forum with six-point draft order as your keyword(s) and change threads to posts.

Spyro85

Thank you very much for replying Le-Kirk.

Yes I have submitted ,with my N244 set aside application, a Witness statement and a Draft Order.

Spyro85

Sorry to be a nuisance but could anyone offer me any suggestions on what angle to take when/ if it comes to a hearing? I have also obtained photos of signs.
Additionally, Do I reply with evidence to Gladstones for their request of proof of address and updated DVLA records in order to gain the information from the SAR? NWFEE are not giving me anything.

any information is greatly appreciated.

***Update***
I have just received a letter that the claim has been transferred to the local County Court 'to deal with the defendants application for setting Judgement aside. The court will send notice of time, date and place of hearing'.

The_Deep

[FONT=Times New Roman, serif]Have you read this?

https://parkng-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about arking? Does it mention permits? Does it mention paying a parking parasite silly money if you do nor display one. If it is silent on the matter them your lease/AST has primacy and, if the are daft enough to take this to court they may get a bloody noes, read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

[FONT=Times New Roman, serif]It is not a fine, it is an invoice from an ex- clamper for damages for the harm they allege they suffered when you did what you did. We call it a scam. Pay them not one penny unless a judge so orders it.[/FONT]

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]
[/FONT]

nosferatu1001

When you say the PPC "refused" your SAR - erm, what? THey CANNOT REFUSE A SAR
Did you provide them proof?
For Gladstones - give them the Court Claim ref, thats sufficient proof. You dont need to give them more than that. Its a SAR, they had 30 days.


What DEFENCE did you submit?
What proof do yo uhave that you were "to be found"? Did you change your details? Why didnt you receive the info - was it after you moved? Before? When?

Spyro85

I really appreciate the replies. Thank you.

I have read the Parking Pranksters blogs. However, I had no tenancy agreement. It was simply a verbal agreement between friends.I paid rent into their bank account and I was allowed to park there, in the allocated bay with permit, which I have stated within the N244 witness statement. I have proof of having lived at the address and evidence of the permit.

I have spoken to the ICO who advise I ask why Gladstones Solicitors are requesting this information as it is not reasonable, which I have now done. New World Facilities are ignoring my requests. I had sent them photographic ID. I have requested Gladstones provide me with their information they hold and their clients. ***Gladstones have since replied stating the information required is not for the SAR but in relation for the judgement to be set aside****

I moved house on the 28th August 2017, the alleged 'breach of contract' occurred on 30th August 2017. I believe my details were updated as I had a bus lane fine, November 2017 which used CCTV to identify my registration, this was paid promptly. I have evidence to show I paid this. I have since moved twice since the incident and my DVLA records are up to date.

The default Judgement was April 2019. I was unaware until I carried out a credit check.

The only conclusion I can come to is if the permit had fallen off.

nosferatu1001

1) So what does their AST say? Ask them for it.
2) When did you send NWF the SAR? More than 30 days ago? Less? Youve failed to state anything here
3) Gladstones may want that, but they dont have to have it until the hearing. You may be seeen as unreasonable for not showing it however.
4) OK so they could have applied for your details before they were changed. Ask the DVLA fr this info - they will be able to tell you when they chanegd on THEIR systems
5) Or it was nudged off.

Spyro85

1) Where do I find this information? I will do this right away.
2) It has been less than 30 days – all requests have been met with ‘Please direct this to Gladstones Solicitors’. I’m likely being hasty with the process now that you’ve brought that to my attention. I’m eager to be adequately prepared.
3) I don’t want to be unreasonable, I would rather be honest, therefore I shall send the evidence to support living at the address.
4) I have requested the information from the DVLA.
5) Nudged off

I apologise if the information I’m providing is not enough, I’m usually very thorough. I feel overwhelmed with the new lingo I’m now learning and the impact this default CCJ has had. However, any information or direction is most welcome. Thank you