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CCJ issued after paying full claim amount - GLADSTONES

Hi everyone,

I'm looking for some advice as a few weeks ago I received a county court claim form asking me to pay £160 for a parking ticket I didn't pay.

As per the instructions on the letter, I sent a payment in the form of a cheque to the claimant's address. I posted the payment about 2 weeks before the deadline on the letter. Despite this, I received a letter again yesterday from the courts informing me that a judgement had been made against me because I had not replied to the claim form.

However, upon checking my bank statements, I can see that Gladstones did cash the cheque that I sent.

So my question now is, what do I do next? Is it worth contacting Gladstones or should I contact the courts directly?

Thanks in advance.
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Comments

  • Umkomaas
    Umkomaas Posts: 44,391 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What deadline has the court given by which you must pay the judgment?

    How much has it ordered you to pay?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Original amount on claim form was £106.06. Amount on judgement is now £258.95. Letter says I have 30 days to pay the judgement.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 16 December 2019 at 1:43PM
    I received a letter again yesterday from the courts informing me that a judgement had been made against me because I had not replied to the claim form

    correct , you did not reply to court claim , you sent money to gladrags

    gladrags sent you a letter BEFORE claim for £160 , you dud not pay thid so gladrags ucurred extra costs to start court claim

    at the minimum , there would have been £25 un court fees and maybe £50 in solicitor fees

    dud your cheque include those?
  • That is what the claim form said to do?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 16 December 2019 at 1:46PM
    Claim form? Are you sure it wasn't a Letter Before Action that you responded to?

    If you've paid on the basis of the instructions received (you still have this letter, yes?) then the claimant has filed a spurious claim without justification. IMHO you need to hit back at them ... HARD!

    The difference in amounts being claimed doesn't make sense though ... a court claim wouldn't go from £106.06 to £258.95 ... sounds like it was:

    £100.00 PCN?
    £6.06 interest?
    £60 debt recovery charge?
    £92.89 claim filing and hearing/judgment fee?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Amount on judgement is now £258.95. Letter says I have 30 days to pay the judgement.

    This is more than the law allows in contested cases, read this

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

    Write to the SRA complaining about this down market law firm.

    https://www.sra.org.uk/
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    Amount on judgement is now £258.95. Letter says I have 30 days to pay the judgement.

    This is more than the law allows in contested cases, read this

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

    Write to the SRA complaining about this down market law firm.

    https://www.sra.org.uk/

    wasnt contested or heard by a judge tho
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Which is why I included the word "contested".
    You never know how far you can go until you go too far.
  • its a default ccj , OP was offered chance to pay £160 (letter before claim) , he dud not , gladrags paid court fees , he did not enclose enough

    ok asking for setaside , but what reason ? the court papers stated amount and he sent less ,

    either way gladrags are £160 in there back pocket , one might ask , why was it not returned , why was it cashed
  • Half_way
    Half_way Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To the unaware there is a huge amount of confusion as to what private parking charges actually are.
    There is also a huge amount of confusion as to what can and can not be done at court, what a CCJ letter is, threats of CCJ's so called debt collectors and so on.
    When all the above is taken into consideration, getting the right information to offer the correct advice can be extremely difficult to impossible




    so lets start at the beginning......
    Why did the vehicle get a parking charge notice in the first place?
    Who's car park was it parked in?
    How long did it take before the parking charge letter arrived?
    was this followed by so called debt collection letters?
    What were the letters that followed called, who sent them and on who's behalf?
    Were any official court letters/documents received


    You said you sent a cheque, has this been processed by the bank and has the money left your account?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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