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  • FIRST POST
    • mhj03
    • By mhj03 22nd Feb 18, 2:20 PM
    • 16Posts
    • 11Thanks
    mhj03
    CCJ from Gladstones passed to DCBL
    • #1
    • 22nd Feb 18, 2:20 PM
    CCJ from Gladstones passed to DCBL 22nd Feb 18 at 2:20 PM
    Hi,

    I was hoping someone would be able to help me with some advice as to whether I'm likely to succeed with getting a judgement set aside.

    I have been monitoring these forums for a while now, using them to help communicate with Gladstones Solicitors about a PCN received last March (2017). I have been through the whole process and after receiving court papers, I acknowledged the claim and then set about constructing my defence. Unfortunately I was stupid and left it too late to post, so attempted to send it via email to the court. Unfortunately the size of the attachment was too big for the court's email server and it didn't reach them. I received no auto-response (which I didn't realise I should have).

    Anyway, I appealed to the court administration by email and a manager agreed to pass my file to a judge without application. This was to determine if they would go ahead and accept my defence. The judge ruled that because it was over the file limit, that it would not be accepted and the default in judgement would stand.

    The default judgement was submitted on 22 December 2017. I received correspondence from the court on February 6 2018 that the judgement would stand. I have since begun proceedings to fill in an n244 form to have the judgement set aside.

    Despite writing to Gladstones twice to tell them of my change of address, as well as letting the court know, all correspondence has continued to go to my previous address. The current owners have been forwarding it to me so I keep receiving stuff a little while after it gets sent. The most recent letter was from Direct Collections Bailiffs Limited titled 'Notice of Debt Recovery' stating that an extra 75 +VAT had been added to me total. It also says that failure to address within 14 days will result in my case being reviewed for legal recovery and such costs being added to the debt for recovery.

    A little background to the case. Whoever was driving parked in a space at a retail park in Gloucester in what I can only assume was an unmarked bay (people park there all the time). The person driving pulled in after another car had left the same space. The parking company (Parking Control Management UK Ltd) have pictures as evidence over a space of 4 seconds (surely not long enough to satisfy the definition of being 'parked', let alone chance for someone to get out of the car and read their signs. Since the proceedings began, a large banner has now been erected in front of the spaces saying 'do not park here'. I have contacted Gladstones twice, based on advice on these forums detailing that they had not met the practice directions and pre-action protocols. I also advised them of my change of address but the keep corresponding to my old address.

    I just wondered if anyone had any advice as to whether or not I'm likely to succeed with having the judgement set aside? I'm happy to post the defence I put together if anyone would like to see it. If I would have a good chance of having it set aside, it would also be handy if I could have some guidance on what to include with the application.

    Thanks.
    Last edited by mhj03; 22-02-2018 at 2:30 PM.
Page 2
    • beamerguy
    • By beamerguy 7th Aug 18, 9:41 AM
    • 9,730 Posts
    • 12,789 Thanks
    beamerguy
    Hi all, should have posted this a little while ago. I just wanted to say thank you for all the advice as that Set Aside appeal was successful and then I was also successful in having the claim overturned in a court hearing. The judge ruled that because there are not enough clear markings in the car park to define what is and isn't a space that there was no way for the parking management company to say whether or not someone was indeed parked in a space or not.
    Originally posted by mhj03
    That is good news. Did you claim all your costs and the
    set aside fee ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • mhj03
    • By mhj03 7th Aug 18, 10:38 AM
    • 16 Posts
    • 11 Thanks
    mhj03
    Yes, the set aside fee was returned via bank transfer within a week of the judgement being given.
    • nosferatu1001
    • By nosferatu1001 7th Aug 18, 11:10 AM
    • 4,203 Posts
    • 5,033 Thanks
    nosferatu1001
    WE also meant, the costs of the hearing.
    Half a days lost pay or leave, capped at 95.
    • mhj03
    • By mhj03 7th Aug 18, 12:32 PM
    • 16 Posts
    • 11 Thanks
    mhj03
    Yes, sorry
    • nosferatu1001
    • By nosferatu1001 7th Aug 18, 12:33 PM
    • 4,203 Posts
    • 5,033 Thanks
    nosferatu1001
    Did you get those??
    • glosandy
    • By glosandy 7th Aug 18, 9:36 PM
    • 60 Posts
    • 36 Thanks
    glosandy
    Hi mhj03,
    This sounds suspiciously like Whittle Square, Gloucester - is that the location? I think I know where you must have parked if it is!

    The judge ruled that because there are not enough clear markings in the car park to define what is and isn't a space
    That's the thrust of the defence I'm working on, good to hear this result. If you get the chance, would you be able to describe what happened at the hearing please?

    Regards

    Glosandy
    • mhj03
    • By mhj03 8th Aug 18, 7:52 AM
    • 16 Posts
    • 11 Thanks
    mhj03
    Hi glosandy,

    What exactly would you like to know?
    • The Deep
    • By The Deep 8th Aug 18, 9:19 AM
    • 11,051 Posts
    • 11,019 Thanks
    The Deep
    Have you complained to your MP?
    You never know how far you can go until you go too far.
    • mhj03
    • By mhj03 8th Aug 18, 10:13 AM
    • 16 Posts
    • 11 Thanks
    mhj03
    Yes, no luck in that! They said that it wasn't a matter they could help with unfortunately!
    • beamerguy
    • By beamerguy 8th Aug 18, 11:07 AM
    • 9,730 Posts
    • 12,789 Thanks
    beamerguy
    Yes, no luck in that! They said that it wasn't a matter they could help with unfortunately!
    Originally posted by mhj03
    Unreal, you clearly have an idiot as an MP, there are
    a few of them around
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 8th Aug 18, 2:52 PM
    • 20,731 Posts
    • 32,652 Thanks
    Umkomaas
    They said that it wasn't a matter they could help with unfortunately!
    Hopefully you will be responding to say that at the next General Election there'll be a matter with which he will be looking for your help, unfortunately, you too will be unable to help!

    Fob off merchant of an MP.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • glosandy
    • By glosandy 11th Aug 18, 8:10 PM
    • 60 Posts
    • 36 Thanks
    glosandy
    Hi mhj03,

    I'm assisting with a number of tickets within the family for Whittle Square. It's noticeable that there are no painted bay markings in many places, just different textures of paving supposedly marking out some bays (particularly in front of the David Lloyd Club). That was going to be the main line of defence. Interesting to hear you may well have used the same argument, and the judge agreed - that gives us hope!

    I have two claims at the moment progressing to court hearings. These are very daunting, so its would be good to know your experience of them - were these heard at Gloucester, Kimbrose Way? What was the process like, who appeared to represent PCM/Gladstones? How did it go with the Judge (can you remember their name?).

    Thanks for taking the time to reply.

    Glosandy
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