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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1355
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have a question about country court order.

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Hi, i have a question about country court order.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

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To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

What is the nature of the county court order?

Customer: replied 6 months ago.
Hello, i received a letter today from a debt recovery in relation to the country court order which i was not aware of. I was involved in dispute about parking chargers which i appealed against but this was rejected (2017). I received no more correspondence from them and moved address in December 2018. DVLA was informed immediately. Today i got the letter from debt recovery that i must pay the court penalty which is a total shock. Is there any way to deal with this please? i did not even have a chance to defence myself. thanks

Is the firm Gladstones Solicitors by any chance?

Customer: replied 6 months ago.
it is Gladstones mentioned in the letter

I thought so! I had a job interview with Gladstones a couple of years ago and I know their business model and their clients being the “parking enforcers” of the World very well!

It appears that they issued Part 7 Court Proceedings against you for the full amount of the penalty. Unfortunately, you did not receive the Court Proceedings as you had changed address and were therefore unable to respond to them by serving and filing an Acknowledgement of Service or a Defence. Gladstones therefore requested a Default Judgment from the Court which has been granted. You have only discovered the Default Judgment at a much later date as it has been registered against you and has adversely affected your credit rating.

You have two options of resolving this matter.

You can pay the amount of the Default Judgment in full, including the original damages claimed, interest and legal costs. You may then send proof that the Judgment has been satisfied to Credit Reference Agencies such as Experian as well as your Bank and it will be removed from your Credit Record.

The other option is that you make an Application to Court as soon as possible for the Default Judgment to be set aside on the grounds that you were not actually served with it and you have a realistic prospect of defending the parking company’s claim on its merits.

However, the amount of damages of the Default Judgment will mean that it is a Small Claims Court matter and therefore parties cannot recover legal advisors’ costs even if they are successful at a fully contested hearing. While you are free to instruct your own solicitor at cost, their fees are likely to be swallowed up by the low amount of damages in issue making this claim uneconomic to defend.

I am sorry that I do not have better news for you, but I must be as honest as possible with you in order to act in your best interests.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Customer: replied 6 months ago.
Thank you, ***** ***** my opinion as well. The sum they are claiming is only small so i will have to pay it.
Is there a way to complain about the solicitors conduct? It appears that for the court papers they used my old address even thought by the time it was served DVLA had my new address which they neglected to check. They used my new address however to inform me about default judgement

I agreed that these firms use some pretty underhand tactics. The point about you changing your address with the DVLA and Gladstones not checking for your current home address is a point you may argue at the set aside default judgment, but I do not think that there is anything inherently wrong with what they did.

Since I have answered your question to your satisfaction, please give me a five star rating in order to conclude this enquiry. :)

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