CCJ from Gladstone Solicitors on behalf of PCN: 11-4-24

hot_chocolate

Hi everyone, 
I'm a complete newbie. Received two letters: a CCJ letter, and another from Gladstones Solicitors on behalf of PCM dated 11th April 2024 to pay £294.24 (attached). Just saw this letters as it was at another address. 

The ticket issued was for my permit slipping down. I reached out to my housing management Peabody to have this cancelled before it got to this stage, but seems like they haven't done much. 

Have a couple of days to respond, and would really appreciate all your help! 

Many thanks!

Umkomaas

Did you receive the County Court claim form?  Did you respond to it (Acknowledgement of Service and a Defence submitted)?  If neither, why?

hot_chocolate

Thanks for your reply. I only have these two letters. I'm not sure about a County Court claim form. 

KeithP

It really is time for you to check your vehicle's Registration Document(V5c).
It is the Registered Keeper's responsibility to keep that updated every time the RK changes address.

hot_chocolate

Thanks. I am the registered keeper, and the letters came to my parents' address where my car is currently registered.

The only letter before these was the LBC one as far as I recall; that's when I contacted my housing management company. 

Gr1pr

hot_chocolate said:

Thanks. I am the registered keeper, and the letters came to my parents' address where my car is currently registered.

The only letter before these was the LBC one as far as I recall; that's when I contacted my housing management company. 

Then that is probably where the claim form went, meaning that you should have been made aware of it by your parents because you have registered that address for service of papers 

The fact is that if the claim form went to that address and wasnt Dealt with promptly, then you are unlikely to get a set aside, which you would have to pay for at over £300, with no guarantee of getting it back, on top of a judgment 

You should be receiving your mail regularly, or this will happen again

hot_chocolate

It seems like that letter hasn't come through then for whatever reason as I have received all my letters.

Does this mean that the only way out of this is now to pay the fine?

Appreciate all the help. 

Gr1pr

You can phone the CNBC tomorrow after 9am to see which address was used, but if it was the same address as the V5c and the other letters, then it will be presumed to have arrived 2 working days later. You could request a copy of the claim form by email to check the address etc , but this sounds like a problem in you not receiving the forms but they probably arrived at your parents address where the V5c is registered 

Its too late to pay the "fine" , much too late , that option expired a long time ago 

The default CCJ would need to be paid in full to the lawyers before the deadline expires, typically within 30 days of the judgment date ( or to the claimant if no lawyers were used. )

The payment details are on the forms 

hot_chocolate

Thanks. It would only have gone my parents' address. But I'm absolutely sure that letter has not come through.

I guess there's no way out of this but to pay the full amount, unless you have any other suggestions. 

Thanks again.

LDast

The burden of proof that the claim form was not received at your parents address lies with you. On the balance probabilities, if all other correspondence was received, then you have little to go on. You can try complaining to the CNBC that the clam form was never received but I doubt it will do much good in this case.

Your only other options are to try and get this set aside under CPR 13.3 but it will cost you almost as much with no guarantee that it will be successful.

Coupon-mad

If the OP is not living at the parents' address and has a different residence (where a CRA trace would have found him/her) then they could apply to set aside the CCJ.