Fighting a UKCPM CCJ Help

sofa_searcher

Uptown_Boy said:

sofa_searcher said:

Hi all,
The long silence is due to waiting for the official order to arrive by post. It just arrived this morning and I can confirm that the court orders the claimant to pay my cost of £255. So i won't be out of pocket and I don't have to wait to recover my cost at the point at which I fight the original PCN charge.
All that I'm waiting for now is for the new claims papers

Did they give a time frame for paying the costs? Make sure you've received their payment in time else look at what enforcement actions are available to you.

unfortunately no timeframe given. Do I just drop them an email to confirm my details for payment?

Umkomaas

sofa_searcher said:

Uptown_Boy said:

sofa_searcher said:

Hi all,
The long silence is due to waiting for the official order to arrive by post. It just arrived this morning and I can confirm that the court orders the claimant to pay my cost of £255. So i won't be out of pocket and I don't have to wait to recover my cost at the point at which I fight the original PCN charge.
All that I'm waiting for now is for the new claims papers

Did they give a time frame for paying the costs? Make sure you've received their payment in time else look at what enforcement actions are available to you.

unfortunately no timeframe given. Do I just drop them an email to confirm my details for payment?

Why not. Chivvy them up!

nosferatu1001

Give them a timeline you expect the pay,ent in. Arguably if there is no deadline given then payment is expected immediately 

Fruitcake

Since the judge ordered the scammers to submit a new claim by a certain date in January, you should make that the absolute drop-dead payment date for your £255, but ideally give them an earlier date.

henrik777

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.7

Time for complying with an order for costs

44.7

(1) A party must comply with an order for the payment of costs within 14 days of –

(a) the date of the judgment or order if it states the amount of those costs;

(b) if the amount of those costs (or part of them) is decided later in accordance with Part 47, the date of the certificate which states the amount; or

(c) in either case, such other date as the court may specify.

sofa_searcher

Update
I've received my £255 refund from Gladstones. However i've also received a response pack from them with no claim form. I had to email them to get a copy of the claim form that was issued in Sept 2019. As per the Claim form, the Claimant are looking to claim £100 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £15.27 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day. So the total
(values are rounded)
Amount Claimed: £170
Court fee: £25
Legal Representative’s costs: £50
Total: £245
I'm in the process of completing the MCOL to issue an acknowledgment of service.
Once complete I'll start on the defence.

Coupon-mad

I'm in the process of completing the MCOL to issue an acknowledgment of service.

You can't do that because this is not a current claim with a current password.

This is a copy of the OLD claim form and set asides put you firmly already allocated to the local court, not MCOL.

You must follow the directions your local court gave you and get a WS, evidence and defence in - NOT USING MCOL - now (I assume that's what the CCJ set aside Judge said, in which case you file & serve those before whatever deadline, to Gladstones and the local court by email).

sofa_searcher

Coupon-mad said:

I'm in the process of completing the MCOL to issue an acknowledgment of service.

You can't do that because this is not a current claim with a current password.

This is a copy of the OLD claim form and set asides put you firmly already allocated to the local court, not MCOL.

You must follow the directions your local court gave you and get a WS, evidence and defence in - NOT USING MCOL - now (I assume that's what the CCJ set aside Judge said, in which case you file & serve those before whatever deadline, to Gladstones and the local court by email).

Thanks for the clarification. However what do I do with the response pack sent by Gladstones? The response pack includes a N9A to N9D forms and a Acknowledgement of service form. I assuming I'm to ignore the forms becausey the order specifically mentions that the Claimant is to file the claim form again by 4 Jan 2021 and I have 28 days to file a defence upon being served.

Coupon-mad

Ignore them. They've mocked up a full 'pack' which some people might think is there to confuse you...

sofa_searcher

As a reminder, I was parked at my work's office car park. I was correctly parked in an allocated bay but did not have the correct permit on display. What had happen was that the private land owner had switched from UKCPS to UKCPM. The changeover was around Dec 2017 to Jan 2018. During this period I was working abroad on a project and came back to the office in June 2018 where I received a parking ticket for not displaying a UKCPM permit. I've pieced this information together from the documents I've received so far for the set aside hearing. 
In regards to my defence I a relying on the following points.

1. I was parked in the correct bay but was not issued with a new permit. This was confirmed by my employer via a letter to UKCPM and evidenced in Gladstones Set aside Core bundle.
2.  Abuse of process due to the extra £60 they have added to the claim. The following is an extract from one of their letters. The charge amount includes £60.00 claimed by our Client for the time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your non-payment.
3. Am I correct in saying that a contract is not enforceable until both sides have signed the contract? If so then I plan on arguing that the contract between the private land owner and the PPC wasn't signed by both sides until Dec 2018. Therefore the June 2018 PCN is not valid.
4. Can I argue no contract between myself and the PPC evne though signage at the car park looks fine from the evidence submitted by the Gladstones?

I have a copy of the contract between the land owner and the PPC to share via PM.