Claim received for unpaid Parking Charge Notice

Afrochap

Yes, I have. I didn't receive any response but got a new claim anyway. 

I went on MCOL and completed AOS as before and then sent another Estoppel email to Gladstones quoting both claims.

I will be stating this in my defence for their new claim.

They seem to extra grabby now, maybe cos of cost of living crisis or because there are new laws on the way and they want to clear some backlog before laws come into effect. 

Afrochap

Hello, 

Just realised the defence for the second Claim I was trying to get estopped was not sent and my email client just filed it in my outbox - (I should have looked out for a confirmation email from CCBC, but I did not - Totally my error).

Defence was meant to be filed on the 17th August and I just signed in to MCOL now to see that a Default Judgement has now been entered against me, dated 17th August (2 days ago). 

Is there any way to address this or is it too late? 

I sent the Estopel email to Gladstones for the second claim but they never responded.

Thanks 

Le_Kirk

As it was your error, I see no way to blame CCBC, therefore the only way out is to apply via N244 for to have the judgment set aside.  It costs £275 and you will need a compelling reason to use in your Witness Statement that you attach to your application.  Search the forum for examples of other set-aside cases.

Afrochap

Le_Kirk said:

As it was your error, I see no way to blame CCBC, therefore the only way out is to apply via N244 for to have the judgment set aside.  It costs £275 and you will need a compelling reason to use in your Witness Statement that you attach to your application.  Search the forum for examples of other set-aside cases.

The amount being claimed is £269.60. So it may be best to just pay them at this point. 

I understand there's a 30 day window to pay so that it doesn't get on one's credit file but that the courts need to be informed after payment is made.

Is this correct and do I have to pay the courts as well when they are informed?

I'm only thinking of payment ag this point as far as it doesn't affect my credit file. If at this time there's nothing I can do about that then I will go the N244 way.

My argument is that of Estoppel as they already brought a claim that's being defended.

Can I argue Estoppel on the first one at this point? 

Many thanks 

Coupon-mad

I don't think you can argue estoppel on the first claim, only subsequent ones.

Le_Kirk

Afrochap said:

Le_Kirk said:

As it was your error, I see no way to blame CCBC, therefore the only way out is to apply via N244 for to have the judgment set aside.  It costs £275 and you will need a compelling reason to use in your Witness Statement that you attach to your application.  Search the forum for examples of other set-aside cases.

The amount being claimed is £269.60. So it may be best to just pay them at this point. 

I understand there's a 30 day window to pay so that it doesn't get on one's credit file but that the courts need to be informed after payment is made.

Is this correct and do I have to pay the courts as well when they are informed?

I'm only thinking of payment ag this point as far as it doesn't affect my credit file. If at this time there's nothing I can do about that then I will go the N244 way.

If there is still time to pay (you SHOULD have until 17th September but some judges have been issuing shorter time scales) so financially it make sense to pay asap.  Your original claim form (N1) should have the method of payment on it and you should ask for a receipt so you can show the court if required but be wary that some unscrupulous PPCs/solicitors have been trying to charge for receipts.

Afrochap

Thanks for Coupon-mad said:

I don't think you can argue estoppel on the first claim, only subsequent ones.

Thanks.

Afrochap

Le_Kirk said:

Afrochap said:

Le_Kirk said:

As it was your error, I see no way to blame CCBC, therefore the only way out is to apply via N244 for to have the judgment set aside.  It costs £275 and you will need a compelling reason to use in your Witness Statement that you attach to your application.  Search the forum for examples of other set-aside cases.

The amount being claimed is £269.60. So it may be best to just pay them at this point. 

I understand there's a 30 day window to pay so that it doesn't get on one's credit file but that the courts need to be informed after payment is made.

Is this correct and do I have to pay the courts as well when they are informed?

I'm only thinking of payment ag this point as far as it doesn't affect my credit file. If at this time there's nothing I can do about that then I will go the N244 way.

If there is still time to pay (you SHOULD have until 17th September but some judges have been issuing shorter time scales) so financially it make sense to pay asap.  Your original claim form (N1) should have the method of payment on it and you should ask for a receipt so you can show the court if required but be wary that some unscrupulous PPCs/solicitors have been trying to charge for receipts.

Thank you. 

Further thoughts. 

1. The last day of Defence is 17/08/2023 and I noticed that judgement was entered on the same day at 7.07pm
Is the system automated or does the solicitor/claimant have access to make request an automated judgement, i.e a judge does not have to look at the case and its a just a simple "Click job" from the claimant/solicitor's end? 

2. Say, I paid today will i still have to apply for a payment certificate and will the judgement be totally removed from my credit file with ZERO trace of it?
I ask because I will prefer for nothing to be on my record and I do not want to have to be explaining to mortgage provider in the future what happened or whatnot. If its the case that the judgememt will leave a trace on my credit file no matter what then I think its best to pay the Court's £275 for N244 and have it set aside as I believe Estopell is a strong case as there's an ongoing mirrored case, I have evidence of emailing Gladstone on 08/08/2023 informing them that their client has already made an exact same claim and they should have brought all cases together at the first instance.

3. If I pay Gladstones, and I obtain the receipt, do I email it to CCBC as evidence or is that I will be completing another form all together? 

Many thanks 

Coupon-mad

1. They just clicked a button. Shocking, innit?

2.  No trace will be left and you don't have to fill in forms or apply for any certificate. Just pay.

3.  Nothing is needed. It will update by Sept.

Afrochap

Coupon-mad said:

1. They just clicked a button. Shocking, innit?

2.  No trace will be left and you don't have to fill in forms or apply for any certificate. Just pay.

3.  Nothing is needed. It will update by Sept.

That's pure madness. To think someone can come and just try to destroy your file. Just click and that's it. I feel the Government is enabling this madness. Seriously.

I will use their online platform to pay, use the Court claim number and screen grab the payment confirmation just in case. I don't trust calling them and making a payment on phone as @Le_Kirk mentioned they may want to charge for providing a receipt. 

I'll be further noting this in passing on the other case.

My ego is screaming ... *fill a N244* but my logical side is telling me to grow up pay and see it as paying for my own error of not ensuring the email was sent. I'll listen to my logical side 😌 🙂. Although if I'm a religious person  I'll pray they choke on the money.