PCM/Gladstones - Judgement for Claimant -PCN Heath Parade

[niajja123]

Hello

 

I received a Judgment for claimant (in default) from Gladstones and I am unsure what to do.

 

I was advised by a member of the forum to seek help here.

 

An outline of the issue:

 

Around the 10th of October 2015 I received a letter entitled postal notification parking charge from parking management control uk.

 

The charge was for 100.00 but would be reduced to 60.0 if paid within 14 days.

I ignored it and not happened after.

 

Now I have received the Judgement of Claim from County court business centre in Northampton, saying that I have defaulted and I owe them 258.21.

 

What do you advice I do now? Since October 2015 I did not get any letters of paper work from Gladstones or PCN, so how can the court send me this judgement.

 

Thank you.

[BankFodder]

I'm afraid it was a big mistake to ignore the letter. It makes him think that it is going to be an easy kill – and it seems that they were right.

 

Did you receive the claim form?

 

Can you give us the circumstances of the parking event which led to the charge? Which company are we dealing with here

[niajja123]

Hello Bankfodder

 

I did not receive a claim form, no letters, nothing apart from the first letter (Postal Notification of Parking Charges) in October 2015.

 

Detail of Events:

 

I was on my way home when I suddenly felt a sharp pain in my leg. I pulled into a bay off the main road - Heath parade NW9. I stopped for about a minute, my engine was still running. then pain subsided and I drove off.

 

Days after I received the Charge letter from PCN dated 9th October. The incident was recorded by them as happening on the 7th.

 

I ignored the letter because I felt it was a 'con' and that the charge was too high for stopping for 1 minute in a public bay.

 

At the time I did not see any signage.

 

Later I went back and that was when I saw the signage which was not clear.

 

The other reason why I ignored the letter was because when I asked around it turns out that other people had received the same charge and someone was there taking photos instead of issuing a parking ticket.

 

Thank you

[BankFodder]

You still haven't told us with the claimant or parking company is

[Sidewinder]

You still haven't told us with the claimant or parking company is

 

Looks like Parking Control Management of Slough, and seems that the OP is not the only one. Prankster has a page here http://tinyurl.com/zl9lx8a

 

As this has gone this far you will need to get the Judgment set aside which will cost almost as much as the amount being claimed

- unless you can get it set aside by consent with Gladstones.

 

 

There are undoubtedly grounds to get the set aside as Court papers were not received (have you moved address in recent years?) and you would have filed a more than triable defence to the claim had you known that one had been made at Court

[ericsbrother]

have you moved house since Oct 2015?

 

What papaerwok have you received from anyone since then?

 

You will have to contact the court and find out the details of the claim

(you will have the ref no on the last letter about judgement) and see what address the claim form was sent to and when.

 

As said, there are many stages before it gets to where you are and we are trying to understand what has gone wrong.

 

 

The actual claims for parking at Heath Parade get kicked out because they are rubbish so if you get the judgement set aside you will almost certainly win the rehearing.

[niajja123]

The parking company is Parking Control Management UK Ltd (PCM) based in Slough Berks. I have not moved home since October 2015 when the postal notification parking charge was sent. The only paper work received from October 2015 is the postal notification parking charge and the Judgment for claimant (in default). As the judgment has been entered wrongly, I would be applying to the court to set it aside and request a hearing, which I would attend it person. Can I contact Gladstones Solicitors to let them know what I intend to do.

[Sidewinder]

You need to phone the Court in the first instance and find out where the claim forms were sent to. If the papers went to an old address then clearly that is one part of the reason for a set aside and you should then contact Gladstones and notify them that you will be applying for a set aside and discuss whether they would be agreeable to setting it aside by consent. You were not given the opportunity to defend, and would have done so with a very clear chance of being successful. Don't go into details of your defence and keep everything in writing

 

If you apply for a set aside there will be a hearing and you need to attend and persuade the Judge not only why the claim was not defended in the first instance, and why your defence will stand a good chance of defeating the claim at a full hearing

[Oddfellow]

For the record, there was a case reported by the Prankster yesterday where a District Judge threw PCM's claim out at Heath Parade. Worth a read, and in your circumstances would be a very useful tool in demanding any future claim to be struck out (not just set aside) as having no cause for action.

[silverfox1961]

For the record, there was a case reported by the Prankster yesterday where a District Judge threw PCM's claim out at Heath Parade. Worth a read, and in your circumstances would be a very useful tool in demanding any future claim to be struck out (not just set aside) as having no cause for action.

Indeed! Sunglasses Lady just hangs around and photographs all vehicles that park there. The signage is very confusing as there are two different ones.

 

While I am only guessing, I feel that an incorrect address was given on the claim form. It would be nice if the court confirmed this.

[Oddfellow]

I would imagine that if it could be demonstrated that an incorrect address for service was used, there would be no fee for the set-aside application. Can anyone confirm if this would be the case?

[ericsbrother]

I think that depends on whose fault the wrong address used was.

[Oddfellow]

I think that depends on whose fault the wrong address used was.

 

 

Of course. That is what I was (kind of) implying. Their fault, you cannot have been served with court papers. Probable breach of CPR?