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PCN Where I bought an online voucher.

I've read through the other posts but I'm still unsure what to do in my situation. 
I parked at 
Nottingham Castle (Canal Street) Car Park ran by HX parking on 11/11/ 2019. I bought a ticket from their app I still have a screenshot of the ticket and I paid for 12 hours parking at a cost of £4.90.
I remember i did have trouble paying because I had to down load the app and then the Internet connectivity wasn't very good or their app took a while to take payment. 
I then recieved a parking ticket from them saying I didn't pay for parking until 14 minutes after I arrived (despite paying for 12 hours and staying for around 4). I can not remember if they posted or emailed it but I can't find it. I appealed online and sent my ticket. I heard nothing back and presumed it had been sensibly dealt with. 
2 weeks ago I recieved a a letter from Gladstones Solicitors stating they have obtained a CCJ AGAINST me for £263.63. I have checked with the court and it is true. I am unsure why I have had no correspondence from the courts about it and have been unable to defend myself. The letter from gladstones solicitors states I have a month from them obtaining the CCJ to pay them and they will drop it, but then also states that they got it in July. 
I have rang citizens advice who advised me to ring Gladstones solicitors and explain that I haven't recieved any paperwork but from. Checking the cost to call them I can see that the phone number is premium rate. CA also advised me to apply for a set aside motion. 
This all seems ridiculous, especially as I bought a ticket and am not at fault. 
From reading some of the forum posts they contradict what CA said and advise not to ring. Please could somebody with experience advise? 
Thank you for any help.




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Comments

  • Here is a screenshot of my parking voucher
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to get the CCJ set aside; sorry there is no other route.  See the NEWBIES thread about CCJ set asides.

    Don't PHONE parking firms or their solicitors.  Obviously you email Gladstones (search the forum for their email addy) and ask if the Claimant will consent to set aside and ask for a copy of the claim form and LBC because it never arrived and you know Gs must supply these under a SAR, plus any other data Gs hold.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 December 2020 at 5:38PM
    You can either pay the CCJ or apply for a set aside. With consent will cost you £100, without consent it will cost you £255. If you win the original case you should get all your money back.

    There is a guide to set asides in the second post of the NEWBIES. Do not hang about. Note that there is no point in paying the judgment after 30 days.

    Do you know why you never received the court claim? Have you checked that your address on your V5C is correct? (Don't guess, go and look).
    Did you move after the alleged event?

    Send an SAR to the parking scammers. This should flush out everything including the LBC, LOC, court claim etcetera so you can check what address was used for service.

    What happened when you complained to the landowner?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You realise if you pay the CCJ (from July) it doesn't wipe it of course.  It will damage your credit rating anyway. 

    DO NOT PAY IT.  NO PHONE CALLS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Here is the letter that they sent me today:
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Doesn't matter

    Why didn't you get the two court letters? V5 up to date? Don't guess. Get it and check. 

    Call the ccbc tomorrow and ask for a copy of the claim form details. Particulars of claim , the address they sent it to, etc 

    you need to read newbies about set aside. To get a set asides you need to understand why you didn't get a claim form
  • Le_Kirk
    Le_Kirk Posts: 25,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What a pathetic, pointless letter.  Telling you that you can pay it within one month of 3rd July and then not send the letter to you until 3rd December!  It looks like an attempt to get money out of you by falsely claiming that you can negate the effect on your credit record and assuming you won't actually read the letter properly.
  • Le_Kirk said:
    What a pathetic, pointless letter.  Telling you that you can pay it within one month of 3rd July and then not send the letter to you until 3rd December!  It looks like an attempt to get money out of you by falsely claiming that you can negate the effect on your credit record and assuming you won't actually read the letter properly.
    So, Gallstones are trying to deceive? Again (clearly this is imo).
  • Scribeok
    Scribeok Posts: 29 Forumite
    10 Posts Name Dropper
    I have been having a good read through the other posts. 
    I contacted the CCBC and they have said they sent the two letters to my address. I checked the address was correct. I'm unsure why I didn't recieve them other than living at a number with an A (e.g. 92a Fake Street)
    I am not the registered keeper of the vehicle and I presume this is being served to me as I contacted the original parking company with the parking voucher (above)
    Am I right in thinking I should send a SAR to HX Parking Management telling them I will be applying for a set aside N244 without their consent unless they agree to it with their consent. Inform them that they have knowingly issued a claim form which was never served as they do not have my address, and that they were not entitled to a default judgment and they will have to incur the costs if they lose?
    (Incidentally I have been layed off due to corona and have obtained a number to add to the N244 to apply without costs.)
    I then apply for the N244 using a template and stating that I am not the registered keeper and attaching the evidence that I bought a parking voucher?
    This has taken up 2 days of my time, at a time when I am trying to start a new business as I have become unemployed. It feels like HX Car Park should have to pay for my time as I did buy a voucher and did supply them with it when they first issued a PCN. Is this likely to work, or go against me in court?
  • Le_Kirk
    Le_Kirk Posts: 25,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You submit a SAR to the DPO of HX Parking Management.  That should be separate from the request for consent agreement and would go to a different e-mail address.
    Your N244 is the form that you complete and with it you supply the six-point draft order and a witness statement.  There is plenty of guidance in the NEWBIE sticky about set-asides and if you need more help, read some posts by @henrik777.
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