DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 52046--------------------------------------------------
Gladstones Solicitors (for National Parking Management LTD) have
issued CCJ
DIR By: jayudd
Date: January 5, 2025, 3:16 pm
---------------------------------------------------------
Dear all,
Abit of a panic currently.
Registered keeper did not know that there was a civil action
underway because the letters went to the wrong address, for
example, the RK lives at 60 Noman's Street, but the letters went
to 60A Noman's way. RK was given the letters a little late
(don't ask).
Some context, the RK did not know the land in question where the
vehicle was parked, was a private land thus missed paying. When
receiving the first letters from Gladstones, it said to contact
them within a specified period of time. However, the RK was not
able to get through, and before the time period lapsed, a LoC
was issued. RK sent the acknowledgment form by email and the
defense some days later. Unfortunately, when sending the
defense, it was still in the outbox, to which why there was a
CCJ issued.
Is there any way of setting aside this judgement please?
HM Courts and Tribunal sent a letter on 10th Dec and Gladstone's
letter was dated 11th. The latter stated to pay £288.56 within a
month of the letter.
What recourse does the RK have?
Thanks in advance.
JayU
#Post#: 52048--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: DWMB2
Date: January 5, 2025, 3:25 pm
---------------------------------------------------------
So that we know exactly what you have received when it would be
helpful to see:
- The Claim Form from the court
- The letter you received from court (10th December)
#Post#: 52058--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 5, 2025, 4:57 pm
---------------------------------------------------------
Hello DWMB2
Thank you for replying.
I will upload the requested:
Claim Form from the Court:
Page 1:
HTML https://i.imgur.com/RCoe455.jpeg
Letter from HMCTS dated 10/12/2024:
Page 2:
HTML https://i.imgur.com/qhUimiU.jpeg
One other thing, page 2 of the HCTS letter/judgment, it says I
did not reply to the claim form. I did fill in page 7 of the
Claim form and emailed it to CNBC. Just my defense did not send.
Is the defense what 'you did not respond' is referring to?
Do let me know what can be done - thank you ever so much!
Jay U
#Post#: 52091--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 6, 2025, 4:58 am
---------------------------------------------------------
Please delete all those images except the first page of the
claim form with the Particulars of Claim (PoC) and the Judgment
of Claimant page. Everything else is irrelevant and I, for one,
don't want to have to scroll through useless pages of forms that
contain no useful information.
You received an N1SDT Claim Form from the CNBC that was issued
on Monday 4th November 2024. You had until 23rd November 2024 to
submit a defence or an Acknowledgement of Service (AoS) which
would have extended the deadline for submitting a defence to 4pm
on Monday 9th December 2024.
You state: "[i]I did fill in page 7 of the Claim form and
emailed it to CNBC. Just my defense did not send. Is the defense
what 'you did not respond' is referring to?[/I]"
Page 7 is only your details. The defence would be on pages 5 and
6. What exactly do you mean by "my defence did not sent"? If you
only give us bits of information, this is going Tobe an
extracted process. What email address did you use? Did you CC in
yourself to the email? Did you receive an auto-response from the
CNBC acknowledging receipt of your email?
According to the Judgment, you did not respond to the claim.
Either you did not actually send it to the correct email address
or it filed to send or you did not correctly attach the defence
to the email. Somewhere along the line, it appears you SNAFU'd
the process.
Depending on your answers, we will advise accordingly. So far,
it appears that the claim was correctly submitted by the
claimant. Had a proper defence been submitted, the claim would
have most likely been struck out at allocation stage as the PoC
are woefully inadequate and fail to comply with CPR 16.4(1)(a).
#Post#: 52358--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 7, 2025, 7:54 pm
---------------------------------------------------------
Dear b789.
Thank you for your response.
I tried to edit but was unable to locate the edit function. I
have reported this to the mods to see if they can help.
Apologies, thought I'd post everything so nothing gets missed.
Good for next time.
I sent the AOS (page 7 filled in) to the following email:
aos.cnbc@justice.gov.uk
I received an automated message but nothing more from them
courts.
OK, so I did not complete pages 5 and 6, looking back it now, I
thought that was only for counterclaiming, and nothing to do
with a defence. Damn it.
Please let me know what can be done at this stage.
Feel like a right mug!
Thanks.
#Post#: 52390--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 8, 2025, 5:49 am
---------------------------------------------------------
The AoS is only to give you an extended time to submit your
defence. By not submitting a defence, the claimant has triggered
the default CCJ option.
It is a pity because the PoC in that claim are not compliant
with CPR 16.4(1)(a) and had it been defended pointing that out,
it would have been struck out. Unfortunately, as it has not been
defended and a default CCJ issued you have limited options.
You’ve missed the deadline to file a defence because of a
misunderstanding of the claim form, which led to a default
judgment being issued against you. You now need to consider
applying to set aside that judgment under CPR 13.3, which allows
the court to set it aside if you have a real prospect of
successfully defending the claim and if you’ve acted promptly
once you became aware of the judgment.
While you do have a good argument that the Particulars of Claim
were defective and didn’t comply with CPR 16.4(1)(a), meaning
you have a reasonable chance of defending the claim, you need to
be aware that the court has discretion to either grant or refuse
your application. It’s not guaranteed that the court will set
aside the judgment, and the court could take a negative view if
they think you didn’t follow the process carefully enough when
the claim was first issued. The court may see the
misunderstanding of the form as a lack of due diligence on your
part.
However, the court must also consider the overriding objective
of the Civil Procedure Rules, which is to ensure that cases are
dealt with justly and fairly. This includes ensuring that both
parties are on an equal footing, that cases are handled
proportionately to the complexity and importance of the issues,
and that unnecessary costs are avoided.
In your case, you can argue that justice would not be served if
a default judgment is allowed to stand on a technicality,
especially given that you have valid grounds to defend the claim
and the Particulars of Claim were defective from the outset. The
overriding objective encourages the court to look beyond
procedural mistakes if there is a real prospect of a defence
succeeding and if refusing to set aside the judgment would
result in an unjust outcome.
This is where you have a strong point. The claimant issued a
poorly drafted claim that did not comply with the rules, and the
court has not scrutinised it at all before the claimant
automatically entering a default judgment. If you had been given
the chance to defend the claim, you could have applied to strike
it out for non-compliance with CPR 16.4, and the claim may never
have progressed to a hearing.
In making your application, you would need to emphasise that you
have acted promptly after learning about the judgment and that
you are making the application in good faith. You’re not trying
to delay matters or frustrate the claimant but simply seeking to
correct a procedural mistake that shouldn’t be allowed to result
in an unfair judgment.
That said, you should be aware that a set-aside application
under CPR 13.3 is not guaranteed to succeed. The court will
weigh up whether your misunderstanding of the process was
reasonable and whether you’ve acted quickly enough to remedy the
situation. You’ll also need to factor in the cost of making the
application which is £303. There’s a risk that you’ll pay those
fees and still lose the application, leaving you out of pocket
and still subject to the judgment.
Alternatively, you can pay the CCJ in full within one calendar
month of the date it was issued, which would result in the
judgment being removed from your credit record. Given that the
amount owed is £288.56, this could be a more practical and less
costly solution than pursuing an uncertain set-aside
application.
Ultimately, the decision comes down to whether you’re willing to
risk the court fees in the hope of having the judgment set
aside. You have strong legal arguments, but because the court
has discretion, there’s no way to guarantee success. If you feel
the court might take a dim view of your misunderstanding of the
form, paying the judgment quickly may be the most sensible
option.
#Post#: 52400--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 8, 2025, 6:24 am
---------------------------------------------------------
Just to add... I have discussed this with a judge and, based on
the limited facts I gave him, he said he would set aside the
judgement but wouldn’t award the application fee. Financially,
you would therefore better off just paying the debt and having
done with it.
Because there is a good likelihood that the CCJ would be set
aside, there is one other option which is to request a set aside
with the claimant's consent. This approach is generally quicker
and less expensive than a contested set-aside application, and
it reduces the risk of your application being refused by the
court.
You would contact the claimant through Gladstones and ask them
to agree to set aside the CCJ by mutual consent. If the claimant
agrees, you and the claimant would both sign a Consent Order,
which confirms that both parties agree to have the judgment set
aside.
You would then submit the Consent Order to the court along with
Form N244 and pay a £119 fee (this is cheaper than the £303 fee
for a full hearing). The advantage of this option is that the
court is more likely to accept a set aside with consent, since
both parties are agreeing to it. It’s also a much faster process
because there’s no need for a lengthy court hearing.
The advantage of this option is that the court is more likely to
accept a set aside with consent, as both parties are in
agreement. It’s also a much faster process because there would
be no need for a court hearing.
Once the CCJ is set aside, you would have the opportunity to
defend the original claim. You have a real prospect of
successfully defending it based on your argument that the
Particulars of Claim (PoC) are defective and non-compliant with
CPR 16.4. The claim could even be struck out entirely for
failing to meet the basic requirements of the Civil Procedure
Rules.
It’s important to note that even if the set aside is granted but
the claim is not struck out immediately, you would still have a
strong prospect of successfully defending the claim at a future
hearing. Given the significant flaws in the PoC, there is every
likelihood that the claim would be struck out later during the
defence process. In this scenario, you would be able to ask the
court to order the claimant to reimburse you for the set-aside
application fee, as the claimant’s failure to comply with CPR
16.4 is what caused the default judgment in the first place.
While this option is worth exploring, bear in mind that the
claimant is not obligated to agree to a set-aside with consent.
If they refuse, you would need to proceed with a contested
set-aside application instead.
Key Points to Consider:
[indent]• Consent from the claimant is not guaranteed. If the
claimant refuses to agree to a set-aside, you would need to
proceed with a contested set-aside application instead.
• This process is quicker and cheaper than a contested
application, but only if the claimant cooperates.
•You must act quickly. The CCJ was issued on 10th December 2024,
and today is 8th January 2025, so time is running out if you
want to apply within one month to avoid the CCJ being recorded
on your credit file.[/indent]
In summary, requesting a set aside with consent is worth
exploring, as it could save time and money. However, if the
claimant is unlikely to willingly agree, it’s important to have
a backup plan to submit a contested set-aside application if
needed.
#Post#: 52545--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 8, 2025, 8:04 pm
---------------------------------------------------------
Dear b789,
First of all, I would like to extend my gratitude for your
thorough explanation, of which I understood clarly. And even
bigger thanks for going out of your way to ask your judge friend
about the prospects of winning.
Given the limited time, can I just email Gladstones and say
something like this:
**********
Dear Gladstone,
I refer to the CCJ awarded with the case reference XXXX.
In respect to this judgment, I would like to obtain your
claimant's consent and have this judgment set aside.
Should you require any further information, please do not
hesitate to contact me.
Best wishes,
Defendant
***********
Couple of questions if I may:
1. If the above is OK, should I sent it by email? Or recorded
postage?
2. Given the fact that they may not reply promptly to my consent
query, does that mean my time to pay the £288 gets slimmer by
the day? Essentially, from Gladstone's last letter, it states
that I have to pay within 1 calendar month? If I will be worse
off by waiting for a reply and then not being able to pay and
remove the CCJ, I may just pay the amount in full and be done.
Or can I wait for their reply and even if that reply comes a
week or 2 later for example, and they do not consent, can I pay
the £288 and still have the CCJ removed albeit paid slightly
after 1 month of the CCJ being issued? I would be grateful if
you can advise on this please.
3. The option of paying £303 and then contesting to set aside
the judgement, is what I wish to do because of the facts of the
case highlighted (by b78) and high chance of winning. I
understand the risk will be that I won't be able to get back the
£303. I wanted to ask - can the £303 be claimed back from the
Claimants in a counter claim or any other way?
I greatly appreciate your help on this matter.
Thank you
Jay
#Post#: 52549--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 8, 2025, 9:43 pm
---------------------------------------------------------
You need to understand the consequences of not paying the CCJ in
full within one calendar month of judgment. Once the deadline
has passed, the CCJ will be entered into the register and your
credit file will be trashed causing untold financial pain. Even
if you were to pay it after this deadline, it would remain on
the register but be marked as “satisfied”. This is only about
one degree less financially painful than if it wasn’t paid.
Even after it is entered on the register, it can still be set
aside but would cause you financial problems until the set aside
is concluded. If nothing else is done, the CCJ remains on the
register for 6 years. Not only would you find it almost
impossible to get any credit for such things as a mobile phone
contract or a mortgage but things like your car and home
insurance premiums would increase significantly.
If you’re sure you want to apply for a set aside, then the CCJ
will be on the register for a short period until the set aside
is concluded. Shortly after the set aside, the CCJ will be
expunged from the register and it will e as though it never
happened.
If you are sure you want to initially try for a set aside with
consent, your letter needs to be more detailed and you are
advised to send it as a PDF file attached to an email to
Gladstone. That way it is delivered instantly and is proof of
delivery.
We never recommend using recorded delivery. It is slow and if it
is not signed for, all you have is proof of non delivery which
is not much use. If you absolutely must use the postal service
then just get a free “proof of posting certificate” which is
free from any post office.
Here is a suggested letter of request:
--- Quote ---
> Gladstones Solicitors
> Unit B
> 1st Floor
> 210 Cygnet Ct
> Warrington
> WA1 1PP
>
> BY EMAIL: enquiries@gladstonessolicitors.co.uk
>
> Without Prejudice Save as to Costs
>
> Re: Claim No. [INSERT CLAIM NUMBER]
> Defendant: [YOUR NAME]
> Default Judgment Issued: 10th December 2024
>
> Dear Sir/Madam,
>
> I am writing in relation to the above matter, in which a
default judgment was entered against me on 10th December 2024.
The judgment arose due to my misunderstanding of the claim form,
specifically the sections relating to the defence and
counterclaim. As a result, I filed an Acknowledgment of Service
but did not submit a defence within the required time.
>
> I am now seeking to set aside the default judgment and propose
to do so by mutual consent to avoid unnecessary costs and court
time for both parties. I am willing to cover the £119
application fee required to submit the Consent Order to the
court, and no further costs would be sought from either side at
this stage.
>
> This proposal would allow both parties to avoid the time and
expense of a contested set-aside application and hearing, and
upon the judgment being set aside, I would submit my defence so
that the claim may proceed in the usual way.
>
> In making this proposal, I respectfully remind you of your
obligations as officers of the court to assist in achieving the
overriding objective of the Civil Procedure Rules, namely to
deal with cases justly, efficiently, and at proportionate cost.
Agreeing to a set aside by consent would save court time, reduce
costs, and ensure that both parties are on an equal footing in
this matter.
>
> I believe that this is a reasonable and proportionate way
forward. Please respond to this proposal within 7 days, by 15th
January 2025, so that this matter can be resolved promptly.
>
> Should you choose not to engage with this reasonable request,
I reserve the right to bring this letter to the court’s
attention in any subsequent application, particularly in
relation to the question of costs.
>
> Yours faithfully,
>
> [Your Name]
--- End Quote ---
#Post#: 52590--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 9, 2025, 5:23 am
---------------------------------------------------------
Dear b789,
Again, THANK YOU for drafting the letter as you did, honestly
thanks! I will send that off.
Just on the question about the costs: if I go down the consent
(£119 fee) or contested set aside route (£303 fee) route, can I
claim for the fee I would pay depending on the route taken?
Claiming back from Claimant/Gladstones that is.
Thank you.
Jay
*****************************************************
Page 1 of 4
DIR Next Page