Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MORB
    • By MORB 15th Dec 17, 10:15 PM
    • 61Posts
    • 15Thanks
    MORB
    Judgement for Claim (in defalult) - PCM & Gladstones
    • #1
    • 15th Dec 17, 10:15 PM
    Judgement for Claim (in defalult) - PCM & Gladstones 15th Dec 17 at 10:15 PM
    Hi all,
    I have received a JfC in default on behalf of PCM from Gladstones. The matter is regarding 3 alleged parking contraventions that occurred in feb '17. I sent requests for POCs shortly after receiving the invoices initially sent my PCM (do not still have copies, but was a few lines requesting POC's), likely toward the end of May.

    I heard nothing further and presumed PCM were no longer going to to pursue the invoices. In July I left the UK and the address to which initial correspondence were sent. a family member continues to reside there, and in making preparations to return to the UK requested that they open residual mail sent to the address. Amongst the mail was the JfC (in default) dated the 20th Nov. As such no preceding correspondence were received (other letter in the pile was the LBC from Gladstones, but still no POCs!!).
    I have been out of the country and travelling for over 5 months and of no fixed abode during this time. I will be leaving the UK again for a prolonged period again in a few months but am happy to allow PCM/courts/Gladstones to correspond to the original address while this plays out. The claim is for 658 and constitutes 3 alleged contraventions, none of which have merit, and likely pertain to instances of stopping in a loading bay that had no prohibitive markings (no yellow lines -was not a parking space) and which was for the sole use of my previous employer (from whom I obviously had permission to be in the bay).

    Next steps:

    - Fill in the N244 form and return 3 copies to CCBC.
    - Including a statement of my case RATHER than a witness statement
    - Indicate that I'd wish for reimbursement from the claimant of the set aside fee
    - Pay 255.00 via cheque (how very archaic???)

    I will post up my defence shortly for critique but would in lieu of that be very grateful for any comment the great and wise here would be willing to offer?

    Thanks in advance
    Last edited by MORB; 15-12-2017 at 11:59 PM.
Page 7
    • MORB
    • By MORB 25th May 18, 2:51 PM
    • 61 Posts
    • 15 Thanks
    MORB
    UPDATE:
    Just had an Order through the post from the original DJ (Lawrence) confirming the setting aside of the judgement against me.

    Great news, but just a little confused as to why the other DJ made the order of above.
    • MORB
    • By MORB 6th Jul 18, 4:51 PM
    • 61 Posts
    • 15 Thanks
    MORB
    The most tedious & banal saga continues......

    I have just received notification that:

    1) This is now a defended claim

    The defendant has filed a defence

    2) It appears that this case is appropriate to be allocated to the small claims track.

    If you disagree fill in Small Claims in section C1 questionnaire and say why.

    3) File with the court by x date.

    Could someone clarify exactly what is happening now please? I have not raised the matter of cost further so I'm unsure as to what the significance of this letter is.

    Thanks, once more, in advance.
    • Johnersh
    • By Johnersh 6th Jul 18, 7:24 PM
    • 1,102 Posts
    • 2,119 Thanks
    Johnersh
    Its not 100% clear and I cannot access your dropbox. Best guess is that:

    1. you applied to set aside judgment whilst appending a defence
    2. The judgment was set aside (but the case was not struck out)
    3. The claim therefore remains "in play"
    4. Any defence filed with your application is now adopted as the defence
    5. The litigation now proceeds in the usual way - directions, statements and trial.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • MORB
    • By MORB 6th Jul 18, 8:37 PM
    • 61 Posts
    • 15 Thanks
    MORB
    Ahh - Thanks @Johnesrh - I see.

    So will PCM now have to pay small claim court fees?

    Would it be advisable to object to the allocation to small claims track on the grounds that the claim is baseless and should be struck out?
    • Coupon-mad
    • By Coupon-mad 7th Jul 18, 12:38 AM
    • 59,444 Posts
    • 72,604 Thanks
    Coupon-mad
    No, the fact it is allocated to that track just means that's the right route for it, even if it's meritless! So small claims track is the right route.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • MORB
    • By MORB 11th Jul 18, 10:50 AM
    • 61 Posts
    • 15 Thanks
    MORB
    Ok - understood.
    Is there any sense in agreeing to consider mediation or should I answer no to this Qu. on the questionnaire?

    Does anyone have any guidance/best guess on what to expect from here?
    • beamerguy
    • By beamerguy 11th Jul 18, 11:18 AM
    • 7,773 Posts
    • 10,356 Thanks
    beamerguy
    Ok - understood.
    Is there any sense in agreeing to consider mediation or should I answer no to this Qu. on the questionnaire?

    Does anyone have any guidance/best guess on what to expect from here?
    Originally posted by MORB
    The problem with mediation is that it's an unknown
    quantity and you will be relying on a person who probably
    is not experienced in the parking scam.

    Best to be heard in front of a REAL judge
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nosferatu1001
    • By nosferatu1001 11th Jul 18, 2:41 PM
    • 2,823 Posts
    • 3,516 Thanks
    nosferatu1001
    Yes, you can use the newbies thread to guide you throught ehe next stages - you MUST bookmark it! You CANNOT miss the important dates as htis is process driven. Miss an dyou lose.

    Also if you do some reading around. Educating yourself on this is much better than being told it
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 1:28 AM
    • 59,444 Posts
    • 72,604 Thanks
    Coupon-mad
    Is there any sense in agreeing to consider mediation
    No. Already covered in the NEWBIES thread in the 'what happens when' post by bargepole.

    Does anyone have any guidance/best guess on what to expect from here?
    Yes, you do! After reading the summaries by bargepole and LoadsofChildren123 in the NEWBIES thread, setting out what happens next.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • nosferatu1001
    • By nosferatu1001 12th Jul 18, 1:26 PM
    • 2,823 Posts
    • 3,516 Thanks
    nosferatu1001
    You also need to cover the LETTER BEFORE ACTION and respond

    State you require them to cease and deisst from infringing your demised space, enclosing a copy of your lease showing you have rights to / otherwise own that space. Blank out anything sensitive. Leave in only the pertinent sections.

    You give them 14 days to confirm they have ceased this and their current action against you (claim number .... ) before you will issue proceedings against them for torious interference with your lease, terespass against goods, etc.
    • MORB
    • By MORB 17th Jul 18, 2:52 PM
    • 61 Posts
    • 15 Thanks
    MORB
    Noted CM - I wasn't sure if the preceding course of events changed the course of those to come.

    Having already sent off my own Direction Questionnaire, I have received the other side's and they have requested hearing the case on papers which I am going to object to. Does it need anymore than this?:

    IN THE COUNTY COURT (xxxxxxxxx)
    CLAIM No: XXXXXXXXXX

    BETWEEN:

    PARKING CONTROL MANAGEMENT ltd UK (Claimant)
    -and-
    XXXXXXXXXX (Defendant)

    To the Court Manager,

    Following my recent submission to the court of a completed N180 Directions questionnaire, I have received the same from the Gladstones Solicitors on behalf of the Claimant. In the form I note in section D1 the following:

    !!!8220;PD27 (2.4) SEE REQUEST FOR SPECIAL DIRECTION AND N159.!!!8221;

    This refers to a seperate letter received requesting that the case be heard only on the papers without the need for an oral court hearing. I would like to register my objection to this request and wish the case to be heard by a judge in person.

    Yours sincerely,
    • Johnersh
    • By Johnersh 17th Jul 18, 6:48 PM
    • 1,102 Posts
    • 2,119 Thanks
    Johnersh
    I'd do that as a simple letter, but it's sufficient, the point is made
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

741Posts Today

7,481Users online

Martin's Twitter
  • Donald Trump has apologised and admits he said would when he meant "wouldn't" when siding with Putin over US inte? https://t.co/z1CRJSkEO1

  • About to watch #AckleyBridge on C4+1. I do enjoy it, even though I always feel somewhat stressed and depressed after watching.

  • RT @stevenowottny: 19/30 UK airports now charge you for spending 10 mins dropping someone off at the terminal - good investigation from @je?

  • Follow Martin