Parking Control Mgt Court Claim

[ochmode]

Hi, hope you were able to sort yourself.
Below is the screenshot.

[R0b]

The issue date of the claim shows 10th Jan, so 33 days from that date would be 12th February although that was a Saturday and where the deadline falls on a weekend you have until 4pm on the next business day to file a defence (being Monday 14th Feb).

It looks like you are out of time on this one as it says you acknowledged on the 19th Jan rather than the date the claim was issued, hence why they filed for default judgment. You will either have to make an application to set the judgment aside or pay up what they're asking for - the latter may be the better option if the set aside application is more than what they're claiming.

[ochmode]

That’s why I asked in a previous post, to confirm what I thought was the deadline.
The amount asked for is double the n244 fee with some change, so worth sending in that. Additionally, is it the “whole” defence I put in the “comment box” or just a reason why the judgement should be set aside - which I frankly cannot justify on the basis of an incorrect calculation.
Also they didn’t respond to any of the SAR and CPR requests.

[R0b]

And I believe I clarified the calculation in my earlier post at post #11 to confirm you have 33 days from the date of the claim form. You may be able to minimise any costs here by writing to Gladstones and asking them to consent to the set aside of the default judgment (at your cost). Explain it was a genuine error of miscalculation and provide a draft order for them to consider. A consent order application would set you back £108 rather than the usual £275 but they can choose to ignore you or refuse to consent. However, as part of your covering letter, you could put them on notice that if they refuse unreasonably or choose to ignore you, then you will ask the court to make an order for your costs of the application due to unreasonable conduct on their part.

You can give them 7 days to respond but otherwise you need to be prompt in your application and it would also help to provide a draft defence too, to show the court you have a good prospect of defending the claim.

I think I have some example letters I can upload later that you could modify

[ochmode]

And I believe I clarified the calculation in my earlier post at post #11 to confirm you have 33 days from the date of the claim form. You may be able to minimise any costs here by writing to Gladstones and asking them to consent to the set aside of the default judgment (at your cost). Explain it was a genuine error of miscalculation and provide a draft order for them to consider. A consent order application would set you back £108 rather than the usual £275 but they can choose to ignore you or refuse to consent. However, as part of your covering letter, you could put them on notice that if they refuse unreasonably or choose to ignore you, then you will ask the court to make an order for your costs of the application due to unreasonable conduct on their part.

You can give them 7 days to respond but otherwise you need to be prompt in your application and it would also help to provide a draft defence too, to show the court you have a good prospect of defending the claim.

I think I have some example letters I can upload later that you could modify

Awesome, this would be better option then. Would you upload these draft letters here or privately? away from "prying eyes" and also I'll need to be able to let you have a once over on my constructed "defence".

[ochmode]

R0b Hi, I’m conscious of the time passing - from judgement to set aside application, as I read the judges frown upon late requests. So, grateful if I can action sooner than later. I appreciate there are other personal/pressing engagements.
Thanks for assisting.

[R0b]

Hi sorry,

I thought I already uploaded a couple. I will dig out today and get them uploaded, probably later today as I have some things to do beforehand.

[R0b]

Sorry I can't seem to find the letter but I've drafted something below to get you started. I would suggest you enclose a draft consent order which I have also attached an example of.

In the meantime if you get this fired off, you can focus on drafting your defence whilst you wait for any reply.

- - - - - - - - - - - - - - - - - - - - - - - - - -

Dear Sir or Madam,

I am writing with reference to the above matter.

As you are aware, you have obtained a judgment in default due to myself having failed to file a defence within the requisite time. It is my intention, pursuant to CPR 13.3, to make an application to set aside the default judgment on the basis that there was a genuine mistake in the calculation of when the due date for the defence was to be filed. I also believe that I have a reasonable prospect of successfully defending the claim against me - the primary ground (amongst others) is that there is nothing in my rental agreement that suggests it is a condition of my parking rights to display a parking permit or a permit of any kind and therefore I believe that your claim is without merit.

The purpose of this letter is to request your consent at my expense, in setting aside the default judgment and ask that you provide a response within the next 7 days. I would also remind you when considering my request, that the overriding objective under CPR 1.3 requires you to take into account proportionality as to costs and saving expense. Should you unreasonably refuse to consent and it is necessary for the court to arrange a hearing which results in the default judgment being set aside, I will be seeking costs order against you due to unreasonable conduct.

I look forward to hearing from you in due course.

[ochmode]

Thanks for this, I am presuming I should email this over to them as they’ve conveniently ignored or plan to deny having received my recorded snail Mail previous letter. Also can I sign the draft order electronically or it must be printed, signed and scanned?

[R0b]

If you have an email address then yes I would and mark the subject line as urgent as well as the claim number + PCN reference so they can access. I wouldn't sign anything yet, send over the completed draft order in word version and get them to sign first.

Standard practice is wet signature but you might get away with an electronic hand signature, you know the ones where you can draw your own online and save the image. I don't think printing your name will suffice for the court staff so avoid that if you can to prevent delays.

[ochmode]

Hi,
So the 7 days have elapsed since I emailed in the consent letter to Gladstones (I did get confirmation that the email was received.) What are my next steps? Should I send a reminder email? or ring them to respond? and if they don't look to ask the court for some sort of action?

[ochmode]

hi all, any advise on this? its going to be a month in a few days since the ccs and I really do not want to have it on my record at all.

[ochmode]

hi all, any advise on this? its going to be a month in a few days since the ccs and I really do not want to have it on my record at all.

ostell R0b I called the solicitors today and who ever answered said I should pay the judgement amount before the legal team would consider taking my application to the client to consider, which is bizarre. I think to go forward and fork out the fee and send to the court. I really do need help with this asap.

[R0b]

That's their typical stance, which is not procedurally correct. I would just crack on with your application and your witness statement, have you done anything on either of those yet? What about your defence?

[ochmode]

I have drafted both - defence and witness statement. Are you able to peer over or have comments on what to include. In particular want to reference Gladstones are being difficult. Also what should I been including in the N form? My defence?