Gladstone letter and CCJ - any advice please

pek · 22 April 2018 at 2:33PM

Hi, my son has been having letters from Horizon Parking regarding overstaying in a Sainsbury’s car park. He has been ignoring them as he was actually advised to from various sources including TV programmes, He has just received a letter from Gladstone’s solicitors saying “We act for Horizon Parking Limited and have recently obtained judgment against you on their behalf. You will no doubt have received a copy of the Judgment from the Court.” This is the first letter from Gladstone and he has received nothing from any court. They want him to pay £669.82 and more frightening wording saying that this will seriously affect his chances of obtaining credit etc. And if he doesn’t pay their clients are likely to instruct Direct Collections Bailiffs Limited.
What should he do. I would be very grateful for any advice.

Umkomaas · 22 April 2018 at 2:52PM

He has been ignoring them as he was actually advised to from various sources including TV programmes

Not been the advice in almost 6 years. Where did he get that? Mates down the pub?

We act for Horizon Parking Limited and have recently obtained judgment against you on their behalf. You will no doubt have received a copy of the Judgment from the Court.

Has he had earlier court papers that too have been ignored?

Or has there been a change of address where post might have been delivered to a former address?

If the latter, he might want to explore a 'set-aside', if the former it's highly unlikely that a set-aside would be granted and he needs to pay the judgment by the deadline dictated by the court - usually within one month.

With the judgment in excess of £600, Horizon can apply to the High Court for an enforcement order and your son will see DCBL in all their 'Can't Pay, We'll Take It Away' glory.

Does your son live with you? If so, there's potential threat to your goods unless you can differentiate the ownership.

If your son doesn't pay this off, his credit rating will be trashed for 6 years and obtaining loans and mortgages will be very difficult, and in some cases, employment threatened.

Quentin · 22 April 2018 at 4:03PM

He can find out now at the trust online website if he has a ccj against him.

pek · 22 April 2018 at 7:14PM

My son does live with me and we have lived at this address for six years. He hasn’t received anything from the court or any previous letter from Gladstone ie letter before claim. This fine seems ridiculous for overstaying in Sainsbury. There are even threads on this forum telling people to ignore fines unless it’s from the Council or the police as these aren’t classed as actual fines if it was on private property.
Any more advice would be great.

Coupon-mad · 22 April 2018 at 7:15PM

If he moved house in the intervening years, they probably got a CCJ to his old address. In which case he should get it set aside as per the NEWBIES thread post #2 then defend it to (hopefully) see it off into oblivion.

Warn him not to 'just pay it'. Guess what? That doesn't remove the CCJ completely!

pek · 22 April 2018 at 7:30PM

Hi coupon-mad I’m glad you replied as you seem very knowledgeable on this subject. I didn’t want you to tell me off and say what I was asking was already in a thread so I’ve been reading for hours now but can’t find anyone in his exact position.
No he has lived just at this address for six years and nowhere else. He is 22 yea s old and DVLA are aware his correct address.

Coupon-mad · 22 April 2018 at 7:32PM

OK so get him to do a free credit check to find if there really is a CCJ.

KeithP · 22 April 2018 at 7:36PM

pek wrote: »

There are even threads on this forum telling people to ignore fines unless it’s from the Council or the police as these aren’t classed as actual fines if it was on private property.

Indeed they are not fines, but there is no guidance on this forum, given in the last five years, that these speculative invoices can or should be ignored.

pek · 22 April 2018 at 7:45PM

Hi coupon-mad just did a check on trust online and yes he has a CCJ dated 9th April. Maybe I’m naive but am quite shocked. Surely he should have been advised by Gladstone that this was going to happen before the letter yesterday saying it had already happened. Any advice would be very gratefully received.

Coupon-mad · 22 April 2018 at 7:48PM

I already gave you advice in post #5 and told you where to read.

As it's such a recent one, paying it off within the next fortnight WOULD remove it, but (alternatively, you decide) setting it aside would mean it would be wiped out (at a £255 court fee) and fought and most defended cases are won here.

You could get him to email Gladstones for a copy of the LBC and court form and ask which address they went to and why?

Redx · 22 April 2018 at 8:01PM

see post #5 of the NEWBIES FAQ sticky thread, 3 threads down from the top of this forum , it contains the acronym explanations (and CM told you this in post #5 above)

see post #2 of that same thread for advice on set asides

you wont find ANY threads on here over the last 5 years telling people to IGNORE these private parking charge notices , or the parking companies either

we DO tell people to IGNORE the debt collectors, but not the parking companies themselves (for england and wales anyway - the advice is different for scotland and northern ireland)

nobody who knows this topic calles them "fines" , we all know that a private company cannot "fine" you , or me , or your son, we call them INVOICES which any firm or individual can issue, and they are know correctly (at the moment) as Parking Charge Notices (even if the vast majority call them "fines")- an invoice can be enforced in a court of law (civil court) for up to 6 years and its been that way since 1973

whatever the question, the answers are in that NEWBIES sticky thread, in posts #1 through to #5

Gladstone letter and CCJ - any advice please

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