County Court judgement from HX car parks/Gladstones solicitors

[jdlover]

Help please!

Brief background :- I parked on a 'pay and display' car park , paid for 3 hours, displayed my ticket, left after 2 hours, and luckily kept the ticket. I received a letter asking for £100 and showing photos time stamped. I sent them a copy of my ticket then found out that they were fining me for not fully keying my reg number in - My reg is FE09ZBT, but I put FE09 thinking that was enough. Advice from forums suggested waiting to see if I am taken to court.
Yesterday I got a letter - Judgement for Claimant in default - issued by Northampton County Court asking for £261. It starts 'you did not reply to the claim form' but I haven't received any claim form. This is the first letter showing any official court information. I rang them to find out what I do now to defend myself, and they said my two options were ;

1) Pay the £260 or
2) Apply to have the case 'put aside' where I put my defense reasons down and a judge makes a decision but this costs £255 (which if I am successful, MAY be awarded back to me)

Its going to hurt paying £255 for the opportunity to fight against this, and it will hurt more if I won and it wasn't refunded. It will almost kill me to lose and have to pay another £260 !!

I have proof of payment yet I am being treated the same as somebody who parks and purposely doesnt pay for it. They ignore my proof of payment and are fining me for only partial reg number keyed in.
it is a PAY and DISPLAY car park, which I did!

Please help me if you can!

Thanks
Les

.

[Dodiqq]

Hey I was just doing some similar research as need to Set aside a CCJ as well (wrong claim particulars)

https://legalbeagles.info/forums/for...tailed-version

https://legalbeagles.info/library/ho...ent-ccj/#costs

I reckon you can say you the relevant fee was paid.
If you are not in a rush, get a Subject Access Request from them for all relevant photos, signage, and correspondence to you and go from there.
Law Clinic if needed!
Â*

[jdlover]

Thanks for the post but I don’t know how I’ve found myself in this position where I have to pay £255 to the court to start any dialogue.
I read so many posts about “don’t pay and don’t panic if costs go up” and I was confident that I could win in court, but I’ve missed something somewhere, and I’m faced with paying the £261 final bill or paying £255 to challenge it with no guarantee the judge will make them refund to me, and that’s only if I win.

[des8]

If you get the other side to consent to set aside the cost is £100

[jdlover]

Gladstones haven't replied to my request to agree with the 'set aside' and I need to do something today while I have time.
Northampton CC sent me a copy of the claim form which I should have received in early October. It is dated October 7th.

Before I received a copy of the claim form, I answered security questions and the lady at the courts, read to me an 8 letter 'password' which when used in conjunction with the claim number , started me through the 'apply to have a judgements set aside' process.

I logged out to gather all my defense documents together and prepare my case.



I went online through my government gateway log in to start the request to have the judgement ' set aside' and now the password is invalid. It is the password that is quoted on the claim form.



My defense is quite strong because to accompany their photos of me entering and leaving the car park I have a ticket showing the first part of my registration covering me for the time I was there. My judgement letter is dated 4th November.

My question to anybody who has been involved in my posts is ;



Do you think I have a chance of getting this judgement ' set aside' or at least for it to be considered to be ' set aside' on the grounds of not having received the crucial claim form and then suddenly receiving the judgement? If so I will pay the costs of application of £255 and hope I win and can reclaim it. If the feeling is that it is unlikely I will pay the £261 CCJ.



Thanks for all your help anyway!

[des8]

As you never received the claim form, and you have an arguable case you will probably be successful with a set aside application.

however to fight your case there could well be other aspects to include.
Suggest you post up the PCN (first removing identifying details bur leaving dates legible) so others here can have a look

[ploddertom]

There has been an ongoing similar thread on CAG, where Gladstones failed to turn up. Have a look at HXCPM/Gladstones vanishing Windscreen PCN claimform - Flipped Ticket - St Georges Car Park, Fitzwilliam St, Huddersfield

[jdlover]

UPDATE - managed to get a court hearing by paying £255 fee to the courts. I have requested consideration of this being refunded depending on the outcome of the court case. On the grounds of;

1. I didnt receive a claim form (although I have no explanation why because it has been confirmed that the address was right)
2. I wrote to HX/Gladstones asking for their agreement to set the judgement aside. I didnt receive a reply.

The courts will confirm when it is to be heard, but it will be at my local court in Wigan.

Thats about the best I could hope for considering the position I found myself in!

Thanks to anyone whose helped me get to this point.

anonymous quote from a family member - " he started like Erin Brockovich but he's more like Johnny English now" ha!

[KellyAnn]

Can Gladstone Solicter 5years ago, send me a letter ATA code, also PAP & CPR , are taking myself to court over a car I had scrapped , never sent anything prior or even anything to show or clearly explain this matter in support of this client who is Defence Systems Ltd t/a Park Watch, demands payment of this, and also demands i reply or pay, It’s when things are so badly sent to effectively bully payment into things your total 5yr down the line & obviously didn’t appreciate say nothing otherwise, we as legal drivers pay lots of money to keep cars up on the road , so to have these company’s & legal firms be abled to just say & do as such , data protection is not being respected via DVLA , as it’s lost in automated system that’s not catching up or dealt with properly, it’s shocking to be in these types of debates , also stating on letter they have prior sent things , which not at all is truths , I feel if we are so wronged in patrolling offending on retail park , when clearly not do, then I feel it’s them to prove otherwise , I’m not feel it’s in any proper order, recovery if ur cars hit then those b abled to take money to insure & then the car be not b scrapped so really need better support & might aswel b no license no insurance , these should never be capable of get to this sort of doing there job we are unaware & entrapped via get the letter , this is huge …