Link Parking - County Court Business Centre claim

[charitynjw]

Re: Link Parking - County Court Business Centre claim

If you want to try to get the judgment set aside, you will need to act quickly.
Firstly, contact the Claimant (with a copy to the solicitors) to see if, due to your mistake as a litigant in person in sending your defence to them instead of the court, they would give their consent to the set aside. Mark it as urgent & ask them to reply within, say, 7 days.
Head the letter(s) [Link] v [AH] Court claim no [XXXXXXXX]
Send via SignedFor post.
& keep the receipts & copies of the letters.

Getting consent does not necessarily mean that you will apply for the set-aside, but if you do decide to go for it, it will be easier (& considerably cheaper) to do so with consent.

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

Thank you for your help, great suggestion.

I shall send a letter to the court and see what they suggest.

[charitynjw]

Re: Link Parking - County Court Business Centre claim

Why to the court?

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

By Claimant do you mean Link Parking? I am unsure who is defined as 'Claimant', my terminology isn't up to scratch with you guys.

To enable me to make a defence is there somewhere I can source the defence forms or are these not required.

I really do appreciate all your help you are giving me.

[charitynjw]

Re: Link Parking - County Court Business Centre claim

By Claimant do you mean Link Parking?
Yep.
I am unsure who is defined as 'Claimant', my terminology isn't up to scratch with you guys.

To enable me to make a defence is there somewhere I can source the defence forms?
If it were me I'd see if they will consent first.
If not, you would have to make an application to the court for permission to set aside.
I believe the current cost (if without consent) is £255.
https://www.gov.uk/county-court-judg...-owe-the-money

I really do appreciate all your help you are giving me.

####

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

Thanks buddy, that clears up a lot for me.

So at this stage I won't actually be making a defence, but requesting Link Parking/sending a copy to Gladstones to see if they can allow me to do so.

If they decline and the courts word is final, am I stuffed? Even though this parking fine was obtained while I actually had a valid permit on display...

[charitynjw]

Re: Link Parking - County Court Business Centre claim

There are loads of ifs, ands & buts.

For instance, you ask the Claimant for consent to set aside because of an error & you outline a reasonable defence.
They could say ok , they could say no.
If no you decide to apply to court anyway. (Again outlining your defence, & paying £255 fee).
Court could allow it or they might say no.

There's always risk in litigation.

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

Hi, excuse my ignorance, I've wrote out the attached and would like to make sure I have covered all areas. You advise me to send this exact letter directly to both Link parking AND Gladstones, correct?

Thanks again for your help.

To whom it may concern,

[Link] v [AH] Court claim no [XXXXXXXX]

During my attempt to defend my case for reference X I made the error of returning the claim defence forms to an incorrect address. I am writing to you to ask for your consent to allow me to resubmit my defence.

Please reply within 7 days to the attached address -

X

Kind regards,

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

I guess you could say their scare mongering techniques are working. I'm absolutely fed up of trying to know what is right to do in this situation and then it making no difference to the outcome..

I had an email from Gladstones which outlined that there isn't just 1, but 3 cases against me! There certainly hasn't been 3 penalties placed on my car.

The email from Gladstones outlining my cases was as follows -

Thank you for your correspondence, our apologies for the delay in our response.
After checking our systems, we confirm there are currently 3 judgments which have been obtained under claim numbers X1, X2, X3.

As of this date, no other charges have been referred for you at the post code provided.

For ease, please find below sub-headings for each claim number.

REFERENCE X1

This judgment was obtained in default on 14 March 2017 as the Claim Form sent by the Court was not responded to. This case has now been referred to Direct Collection Bailiffs Limited. If you would like to discuss this judgment and confirm the amount outstanding we can only direct you to speak with them. Their website is: https://dcbltd.com/.


REFERENCE X2

This judgment was obtained in default on 24 May 2017 as the Claim Form sent by the Court was not responded to. The current amount outstanding for this judgment is £261.35.


REFERENCE X3

This judgment was obtained in default on 17 July 2017 as the Claim Form sent by the Court was not responded to. The current amount outstanding for this judgment is £434.34.


We have received your correspondence regarding your position in respect of the parking charges however the point at which to dispute was upon being in receipt of the Claim Forms sent by the Court. As Judgments have been obtained at this stage, liability for the amounts has been determined. We can therefore only suggest that independent legal advice be sought.

I'm sick and tired of this so may just admit defeat to get this weight off my shoulders. What is the best way for me to accept responsibility and start payments? I can't afford this in one go because the amount is so high. Where would you suggest to go to start scheduling a reoccuring payment? If they place more on my car in the future, I feel I'll be in better knowledge to do something about it thanks to this forum.

[charitynjw]

Re: Link Parking - County Court Business Centre claim

3 separate court claims/CCJs?
Did you respond to the other 2 in any way?

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

Yep, looks like there is 3... how thrilling for me.

To be honest I've completely lost track as I wasn't aware there were seperate cases. I would reply to one but didn't there were others that were also in pursuit, there was only 1 notice left on my car after all.

Is there an easy way for me to contact and just accept liability on all 3 and start paying a monthly direct debit? I'm fed up of this now. Perhaps citizens advise can put me on the right racks?

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

I spoke to Gladstones - said I could pay in instalments as the constant pestering is just doing my head in so that's an option.

Spoke to citizens advise - they offer no advise on parking fines. They advise me to contact www.popla.co.uk so I'm going to raise a case or 3 to see if they can help at all.

[ostell]

Re: Link Parking - County Court Business Centre claim

Good old citizens advice. You cannot got to POPLA without the parking company giving you a reference number but it is far too late for that now.

[AnonymousHidden]

Re: Link Parking - County Court Business Centre claim

Right, just an update on what's currently happening.

CASE 1
They 'didn't' receive my defence - court has made the decision and has been referred to DCBL. I'll need to contact DCBL to sort this one it looks.

CASE 2 AND 3
They're still demanding money - to me it looks as if it hasn't reached the claim form yet as this hasn't been referred to DCBL. It looks as if I should be in good standing to try and defend these.

EDIT: Actually I'm not so sure about case 2 and 3 being corrected, but I do know they're just requesting money at this stage!

Is it worth the investment of seeking independent legal advise at this stage? - thoughts?

If so, any recommendations for the Bristol area would be appreciated