VCS PCN - Help Needed

AB_Express

Wasn't a DQ, was an N244. Wasn't anywhere to put holidays on it that I could see.

AB_Express

New date through after I return from my holiday.

At this hearing for my set aside, am I just going through the WS I have already submitted?

[Deleted User]

Depends if it's defended. You may turn up, find a judge who's read everything and who needs you only to answer a couple of questions.

You may have to go through it in detail.

I recommend that you do homework on the costs points. You will need to argue to get the £255 back.

The rules are relatively clear:

THE RULES: CPR 6.9(3) – (6).

“(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.


Obviously with the passage of time and unanswered correspondence, the argument is that there was now reason to assume you may no longer reside there, yet no simple check was made. See para 71 of this court of appeal judgment:
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/20.html&query=marshall+and+rankine+and+maggs&method=boolean

It follows that the claimant should always have known it was unsafe to issue the claim to that address and that there was neither good service nor entitlement to default judgment. Since the claimant should not have proceeded on the basis they have (and assuming the court agrees) you should also have the costs of the application in any event.

That last form of wording (underlined) is important - even if the claim is remitted for a further hearing, it means you get your £255 back immediately, even if you are later unsuccessful.

AB_Express

Had my hearing this morning.

Getting the £255 back but looks like I may have to defend the original claim.

Was in and out in 15 mins.

nosferatu1001

Good - was that decided at the hearing?

BW have a TERRRIBLE record against forum members who keep on track all the way through. Theyve bene known to panic discontinue claims as well. So dont let a hearing worry you - this lot of incompetents are regularly beaten.

Umkomaas

Did the judge require VCS to issue a new claim or did he/she ask you to submit a defence? Were you given a deadline?

AB_Express

Me getting the £255 back was decided at the hearing. BW wanted to go halves.

A new claim needs to be issued.

Umkomaas

I can’t see VCS having another bash. Come back if they do.

BWL wanting to go 50:50 on the set-aside. Cheeky gits.

AB_Express

I think the Judge said they have 7 days to issue a new claim (and my £255) and I will have 14 days to sort my defence out.

I was chatting to the BW rep before hand where he mentioned the 50:50 split and I said I will see what the judge says. I also told him of the case I won last year for a PCN in almost the identical location. He said he knew nothing of it despite it being mentioned in the documents he had.

Will wait and see.

System

[STRIKE]Wouldn't go with your original defence though - and the reference to another case just confirms you knew that area was being controlled by VCS.[/STRIKE]

Seems I was wrong