Premier park Ltd court claim

lydecker_777

Hi I attached the missing dq, and have explained I simply forgot to attach it?

Coupon-mad

And you didn't explain why under CPR 13.3 there are grounds for setting aside the CCJ?

lydecker_777

Hi, finally have a response from premier park ltd regarding my complaint ..

lydecker_777

So are gladstones solicitors part of cst law?

And would the original claim form have to be resubmitted if the parking company changed solicitors?

Coupon-mad

lydecker_777 said:

So are gladstones solicitors part of cst law?

And would the original claim form have to be resubmitted if the parking company changed solicitors?

No and no.

CST are nothing to do with Gladstones.

I am confused. What stage are you at and is there a CCJ?  In your N244 application, what order did you ask for in the N244 and what evidence did you attach?  What did your witness statement say?

I fear your application might be refused if all you did was attached your DQ.  You might have wasted £108 and still have a CCJ.

lydecker_777

Coupon-mad said:

lydecker_777 said:

So are gladstones solicitors part of cst law?

And would the original claim form have to be resubmitted if the parking company changed solicitors?

No and no.

CST are nothing to do with Gladstones.

I am confused. What stage are you at and is there a CCJ?  In your N244 application, what order did you ask for in the N244 and what evidence did you attach?  What did your witness statement say?

I fear your application might be refused if all you did was attached your DQ.  You might have wasted £108 and still have a CCJ.

Hi,

I had my defence struck out due to the n180 form not being attached to the email?

So I paid the fee, attached a n180, n244 form, and defence paperwork, all emailed on the 30/06/2024, the case was stayed 26/06/2024..


Then low and behold .. a default judgement was made against me 20/08/2024...due to not submitting the n244 form apparently?

Moneyclaim timeline below-

**A claim was issued against you on 23/11/2023

Your acknowledgment of service was submitted on 04/12/2023 at 09:34:14

Your acknowledgment of service was received on 04/12/2023 at 12:06:05

Your defence was submitted on 27/12/2023 at 19:32:27

Your defence was received on 28/12/2023 at 08:05:26

Case Stay Lifted on 02/02/2024

DQ sent to you on 02/02/2024

DQ filed by claimant on 20/02/2024

General sanctions order was made on 04/03/2024

Your defence was rejected on 05/04/2024

Defence was struck out on 05/04/2024

Case Stayed on 26/06/2024 at 19:37:57

Case Stay Lifted on 20/08/2024

A judgment was issued against you on 20/08/2024

So I immediately emailed a complaint to the business court , and tried telephoning them several times? I eventually spoke to someone at 9:05am today, who informed me the n244 form was not submitted,  when I gave him the time and date of the email,  he acknowledged receipt and said that a judgement has been made against me, ccj etc, and I will have to wait for a judge to receive this case to see if they can overturn it?

The advisor was very helpful,  and said to keep pressing your local mp etc?

What a complete farce ?

Coupon-mad

Yes indeed.

Get your MP to make a complaint for you.

lydecker_777

I have emailed a complaint to the civil national business centre and Shabana Mahmood MP, the secretary of state for justice..

The ccj is present on my credit report as present ..

However all documents that were required for the hearing were sent in good time back in June 2024.

A point I have raised is the parking companies using the civil national business centre to generate their income !

Ie exploiting the £35 fee by issuing many many claims throughout the year which clogs up the court system for other users?

The time spent by cnbc dealing with each claim must be in excess of £35? Where does the shortfall come from? Taxpayers?

Personally I believe in a fair justice system for all, but if a company should repeatedly use the CNBC for profit then surely they should be charged a business rate of a higher amount?

Finally, what is the current legal stance on the parking charge notice as in the definition of law?

I ask this as many private car park operators,  utilise the practice of anpr cameras on the entry and exit of car parks, and accordingly 'charge' you for parking between these times ?

However how can a parking charge notice, be legally enforced, with a county court judgement against you etc  without evidence of parking ?

"With the broad message is that parking is defined as you leave the car for a period of time"

Now I know that there are terms and conditions in car parks etc but if a parking company issues a 'parking charge notice'  (PCN) in the first instance,  and only provides entry/exit times to the car park, how can a 'parking' charge notice be legally enforced, without any proof of parking?

When anpr cameras were introduced initially,  and replaced mobile patrols/tickets and physical barriers was any legislation/law changed?

The older/previous methods of mobile patrols/ticket officers/barriers provided more elements to justify a parking infringement than anpr,

Such as-

whether a vehicle was occupied & engine running etc 

If there was a genuine emergency ie medical episode/vehicle breakdown 


When you get a claim against you in the civil national business centre, after sole anpr evidence, the judgement title is usually " breach of terms and conditions of parking"

Which to me, as in my case above, surely the onus should be on the car park operator to

1. Prove you have entered into a contractual agreement with them by using their services, ie parking your car? 

How has it become common practice to rely and prosecute/charge people on anpr evidence alone?

Sorry for the long winded explanation?

lydecker_777

After contacting shabhana mehmood mp, who is also the appointed Lord Chancellor and Secretary of State for Justice,
I voiced with my concerns about the whole process of the civil national business centre,
and the fact a judgement was awarded against me in default,  which is a clear error on their part !

I received this response from one of her staff:

"Thank you for contacting Shabana’s office recently. She was sorry however to hear about the problems that you have been experiencing with CCJs.

I understand your frustration, unfortunately as an MPs office this is not something we could intervene in directly however I have attached the Citizens advice guidelines for this issue below:"


So if the Lord Chancellor and Secretary of State for Justice is not interested in the complete farce that is the civil national business centre, and the misjudgements/errors have on people's lives then who is!!

I think I had better get myself off to the Citizens advice bureau!

You could not make it up!

Coupon-mad

No DON'T ask the CAB about this.

Just escalate the CNBC complaint. They'll reverse the wrongful judgment.