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  • FIRST POST
    • Kas22
    • By Kas22 20th Nov 17, 10:45 PM
    • 61Posts
    • 27Thanks
    Kas22
    Gladstones - Technical defence against PCM
    • #1
    • 20th Nov 17, 10:45 PM
    Gladstones - Technical defence against PCM 20th Nov 17 at 10:45 PM
    Hi All,

    Having looked over the site I can't seem to find any thread where there has been a post on technical dispute, unless I'm being sheer ignorant to searching (I apologise).

    To cut a long story short, I was issued an unjust ticket by PCM (those ex-clampers) stating I was "Parked within a restricted area" even though that wasn't the case as where the car was parked was not part of the controlled parking zone.

    Where the vehicle was parked used to be a shed for bicycle storage, so was not officially part of the car park, or the controlled area.
    The notice did not specify parking was inclusive of the area the vehicle was parked at and specified
    "Vehicles must be parked with a valid parking permit fully displayed within the windscreen and parked wholly within the confines of a marked bay appropriate for the permit on display..."

    I disputed this with PCM but received generic responses. I then took it to IAS who were also as useless as PCM (also found this out by reading threads on here and on pepipoo). I then started receiving letters from TRACE debt recovery which I ignored... and more recently I received a letter from Gladstones.

    Up to the point of disputing with PCM and the letters received from the debt recover firm, I was in touch with BMPA (British Motorists' Protection Association) who were very helpful... However BMPA cannot assist me any further as the claim is based on a technical defence and what my interpretation of the sign was. I therefore turn to yourselves for some help and guidance.

    The question is, should I respond with a template based on the following thread that @coupon-mad wrote /showthread.php?p=73401300#post73401300, or will this require some more thought?

    I am happy to see this through to court as I will not let them get money out of me on such grounds.

    Any help or advice on this matter would be greatly appreciated.
    I will post links to images once I am approved to do so.
Page 4
    • Kas22
    • By Kas22 10th Jul 18, 11:00 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    Right - defence submitted!
    • Kas22
    • By Kas22 18th Jul 18, 5:55 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    Hi All,


    Today I received a letter from the County Court Business Centre, titled 'Judgement for Claimant (in default)', requesting that I pay the claimant X amount as I didn't reply to the claim form!!


    I responded to the claim on the 10th July by sending my defence to CCBCAQ@Justice.gov.uk. Looking at the Judgement for Claimant letter, it was dated the 13th July. I also had a look online at MCOL and a judgement was issued against me on 13/07/2018.



    Could it be that they have a backlog of emails to work through?

    To go over some details, I received the initial claim form on the 11th June with the issue date being the 8th. I submitted an AOS on the 14th, and then submitted the defence on the 10th July.


    Could I have missed my submission deadline?
    • Redx
    • By Redx 18th Jul 18, 5:59 PM
    • 19,592 Posts
    • 24,899 Thanks
    Redx
    you need to contact the CCBC and put in a complaint ASAP, asking them to check for this submitted by email DEFENCE and to cancel the judgment for claimant by asking a judge to review it


    this has happened before recently so read that thread too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 18th Jul 18, 6:07 PM
    • 9,764 Posts
    • 10,120 Thanks
    KeithP
    Did you do the Acknowledgement of Service - mentioned on 13 June?
    .
    • Kas22
    • By Kas22 18th Jul 18, 6:20 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    Yes I did. When I logon to MCOL it shows the AOS date and time submitted.
    • IamEmanresu
    • By IamEmanresu 18th Jul 18, 6:21 PM
    • 3,627 Posts
    • 5,965 Thanks
    IamEmanresu
    What does MCOL say about a defence? Did you check to see if it had switched over to "defended"?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Kas22
    • By Kas22 18th Jul 18, 6:21 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    Will send an email and follow up with a call tomorrow.
    • Kas22
    • By Kas22 18th Jul 18, 6:22 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    I submitted the defence via email and not MCOL.
    • KeithP
    • By KeithP 18th Jul 18, 6:27 PM
    • 9,764 Posts
    • 10,120 Thanks
    KeithP
    I submitted the defence via email and not MCOL.
    Originally posted by Kas22
    And that was the right thing to do, but read IamEmanresu's question again.

    The CCBC should be manually updating MCOL when they receive a Defence via other means.
    .
    • Kas22
    • By Kas22 18th Jul 18, 9:01 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    And that was the right thing to do, but read IamEmanresu's question again.

    The CCBC should be manually updating MCOL when they receive a Defence via other means.
    Originally posted by KeithP

    Having looked at the claim history, there is no reference of my defence having reached them. All I can see is:
    > Your acknowledgement of service was submitted...
    > Your acknowledgement of service was received...
    > A judgement was issues against you...
    • Coupon-mad
    • By Coupon-mad 18th Jul 18, 9:03 PM
    • 62,736 Posts
    • 75,658 Thanks
    Coupon-mad
    OK so you should be able to speak to the CCBC and point out they've missed your defence and need to put this error right. We've seen this before.
    • Kas22
    • By Kas22 18th Jul 18, 9:30 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    Just sent an email with attachment of initial email and auto response. Will follow-up with a phone call tomorrow. Will keep you all updated!

    Thanks for the guidance (thumbs up)
    • Kas22
    • By Kas22 19th Jul 18, 9:58 AM
    • 61 Posts
    • 27 Thanks
    Kas22
    you need to contact the CCBC and put in a complaint ASAP, asking them to check for this submitted by email DEFENCE and to cancel the judgment for claimant by asking a judge to review it


    this has happened before recently so read that thread too
    Originally posted by Redx

    Got off the phone to CCBC and sent ANOTHER email with the date the original defence was sent in the subject line. The operator mentioned that sometimes emails get missed.



    Fingers crossed the JfG get's cancelled. Now it's a waiting game.
    • Redx
    • By Redx 19th Jul 18, 10:37 PM
    • 19,592 Posts
    • 24,899 Thanks
    Redx
    good, now keep logging in online and see if it changes from what it said before to the DQ stage instead (defence submitted and at DQ stage or whatever the wording says)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Kas22
    • By Kas22 3rd Aug 18, 10:55 AM
    • 61 Posts
    • 27 Thanks
    Kas22
    Some good news! After sending a couple of emails (followed by a letter), the Judgement for Claimant (in default) has been removed.


    What is shows when I login to MCOL:

    > An application to set aside (remove) judgment was submitted to the court on 02/08/2018


    > The application to set aside (remove) judgment was granted on 02/08/2018
    • Kas22
    • By Kas22 6th Aug 18, 10:39 AM
    • 61 Posts
    • 27 Thanks
    Kas22
    Received a letter titled "General Form of Judgement or Order' where it confirms that the judgement be set aside.

    It also states:

    "Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of the service of this Order. If the application is one which requires a hearing, and
    a) the party making the application is the Defendant; and
    b) the Defendant is an individual,
    then upon filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court."

    I didn't understand the above so called CCBC who said the judgement had been completely set aside, meaning there will be no court hearing. I initially thought the Judgement of Claimant (in default) was to be set aside and I'd proceed to a court hearing, but guess not.


    So it now appears that the order has been set aside and I'm left to dispute this with PCM (without a court hearing?).

    Not sure what to do, but guessing I should wait for Gladstone!!!8217;s to raise another court claim and start the process again?

    Or, should I start a defence in the 'Response Forms' section of MCOL, which will incur a fee?
    • Umkomaas
    • By Umkomaas 6th Aug 18, 11:06 AM
    • 19,705 Posts
    • 31,180 Thanks
    Umkomaas
    I read that as there's no more for you to do unless/until the claimant (PCM, possibly via Gladstones) applies to the court to set aside the set aside decision (if you get the drift). In which case they have to pay the court fee and start the claim process all over again.

    There is a limited timescale in which to apply for a set aside (14 days I think - someone will hopefully confirm). I'd be surprised if you heard anything further.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Kas22
    • By Kas22 6th Aug 18, 12:04 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    I read that as there's no more for you to do unless/until the claimant (PCM, possibly via Gladstones) applies to the court to set aside the set aside decision (if you get the drift). In which case they have to pay the court fee and start the claim process all over again.

    There is a limited timescale in which to apply for a set aside (14 days I think - someone will hopefully confirm). I'd be surprised if you heard anything further.
    Originally posted by Umkomaas

    That's what I read it as... but doesn't make sense? I just wanted to set aside the Claim in Judgement (in default) and continue with the case.

    The letter states I have seven days to submit an application (Order set aside, varied or stayed), but am guessing the best port of call is to let PCM or Gladstones reapply, in which case the timeframe will be the same?

    I might not know enough about this part of the process, but am sure there are a few on here who do and can share some more knowledge and direction in this situation.
    • Umkomaas
    • By Umkomaas 6th Aug 18, 12:30 PM
    • 19,705 Posts
    • 31,180 Thanks
    Umkomaas
    What case have you got? What do you want to achieve?
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Kas22
    • By Kas22 6th Aug 18, 1:11 PM
    • 61 Posts
    • 27 Thanks
    Kas22
    What case have you got? What do you want to achieve?
    Originally posted by Umkomaas
    It's referring to the same case this thread is about.
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