Just received 'Judgement For Claimant' notice from court??

stevedub

Hi,

Firstly I apologise.. I have read, read and also read the sticky but cannot find a suitable and solid answer, so I hope you can help me.

In 2013 I started receiving parking invoices from 'Vehicle Control Services', other random supposed solicitors of which there was a couple, all looking really unprofessional with scanned signatures etc. Through advice at the time from I believe here and others I ignored completely, including phonecalls. (at this point now from Feb 2013 I have not spoken, corresponded, replied or confirmed who I am to anyone at all)

Eventually these letters, 'fines' and threats died off until nothing. UNTIL a few weeks ago I received a letter from the 'County Court Business Centre' (Northampton) on behalf of BW LEGAL SERVICES. Again this all looked really fake and dodgy to me, scanned 'official stamps', multiple addresses and obvious use of the words 'county court' throughout but looked more to me like they were trying to input these words to put scare tactics on.

I ignored this... this morning I have now received a 'Judgement For Claimant' form from this County Court Business Centre stating I have not replied and I must pay:

The Claimant: £181.28
Costs: £97
Total: £278.28

I no longer own this vehicle and haven't for years, it was in a Blockbuster Video/LIDL Carpark on an ANPR camera, in which the very original and I believe another random letter through the years included a photo of my number plate.

Before I get slammed here, I did truly believe this was a very last attempt on their behalf to scare me in to paying. I have been a graphic designer in previous years and work in marketing, so I can see how easily these things are knocked up to look convincing to those un aware. All of this correspondence has seamlessly looked un-professional and fake to me. Not something you would receive from a legitimate company.. especially truly legal documentation as of those supposed to be from a 'County Court'

Am I now completely stuffed and have to pay this???

Thank you so much for reading and your time,
Steve

Carthesis

Sounds like it.

You might be able to get a set-aside, but that'll cost you £255, and in this case I'm not even sure what grounds you'd apply on, given you did get the information and simply didn't respond. And even then you'd have to defend yourself against the original charge.

Someone with more legal knowledge than I will be along shortly to advise, but it looks to me like rock <> you <> hard place.

Redx

the court claim was real and your lack of attention has cost you dear

the time to ask was weeks ago, not now

they won the undefended court case , you lose

read this to see why

http://parking-prankster.blogspot.co.uk/2016/11/sleepwalking-into-disaster-never-ignore.html

Tilt

Perhaps you would be better posting in the debt forum as this is now what it is.

I would of thought the envelope in which the original court claim notice came in would of given you a clue to whether it was authentic or not.

As said, other than pay the judgement to avoid a CCJ, the only avenue you have now to go down is to ask for judgement to be set aside in which there will be a fee.

stevedub

Yikes I really didn't believe these were authentic, especially after randomly appearing after so much elapsed time!

So I pay and that's end of yes??? OR I try and pursue other avenues causing more wasted time out of my life and potential of more fees?

Thanks for your responses,
Steve

P.S. The envelopes were just brown with a PO Box number on reverse.

Redx

if you pay within the timeframe (usually 28 days after the judgment) the matter is settled and no CCJ will occur

if you fail to pay or are late , a CCJ is issued and bailiffs can be instructed with further costs to you

to get a set aside costs you £255 and you would have to convince a judge as to the good reasons for this , ignoring court papers is not a valid reason

even if you managed the set aside , the original claim is restarted

Coupon-mad

Bargepole says it like it is, and so do I sometimes!

But see this thread like yours:

https://forums.moneysavingexpert.com/discussion/5561849

A new tactic might be to pay within 30 days to wipe it clean (avoid a CCJ) then try suing them (VCS) for DPA misuse of data. Your data was supplied by the DVLA only for the purposes of VCS enquiring who was driving. As they don't use the POFA they cannot presume the keeper was the driver. And they had no cause to run with that unlawful assumption to court.

IMHO it is worth a punt to get your money back and more, especially with a firm like VCS (or CEL in that link) who by their own admission do not use the POFA so can't hold a keeper liable. The fact you will have paid the judgment off to avoid a CCJ is not an admission.

Or, you could sue the landowner who contracted them, if you know who did, or can find out. They might be an easier target.

stevedub

Coupon-mad wrote: »

Bargepole says it like it is, and so do I sometimes!

But see this thread like yours:

(lnk removed)

A new tactic might be to pay within 30 days to wipe it clean (avoid a CCJ) then try suing them (VCS) for DPA misuse of data. Your data was supplied by the DVLA only for the purposes of VCS enquiring who was driving. As they don't use the POFA they cannot presume the keeper was the driver. And they had no cause to run with that unlawful assumption to court.

IMHO it is worth a punt to get your money back and more, especially with a firm like VCS (or CEL in that link) who by their own admission do not use the POFA so can't hold a keeper liable. The fact you will have paid the judgment off to avoid a CCJ is not an admission.

Or, you could sue the landowner who contracted them, if you know who did, or can find out. They might be an easier target.

Thanks for the advice. It is very confusing for those not in the know. If you google this County Court Business centre it has all sorts of people shouting SCAM "this is not real" etc, so becomes very confusing when you're potentially parting with your hard earned cash.

Yes all my mistake but it was from reading here years ago that I thought I had followed correct advice in ignoring all correspondence. Probably too much information and didn't make the corect move MY BAD I know. What I should have done is come back here when the first apparent 'court' letter arrived and re-visited advice from you guys, or in hindsight even sooner!

Ok so I will pay this as of course I don't want a CCJ against my name, hopefully this can get cleared 100% and there's no problems on my credit report and rating ongoing!

I will look in to what you have said about the possibility of getting money back if there is a small chance. I have never admitted being the driver if that makes any difference. Like you said if paying this is not admittance then at least that's something.

These parking companies and their 'legal teams' are absolute jokes, there are so many variations of them and all pushing people in to scare tactics and consistent phone calls and letters/threats, I hope one day this stops, I can't imagine how stresfull this must be for some who are more vunrable or in major financial difficulty.

Thanks again,
Steve

Half_way

This place is called Money saving expert, so i would suggest that it would be in your best interest to get your money back, it will also put a dent in VCS's bottom line
So instead of your hard earned cash going into the coffers of VCS , where apart from lining simon Renshaw Smiths pockets, it will also help VCs intimidate and pursue other motorists ( they may even use your name and case number as a trophy cases we have won on their website)

Another useful angle of attack would be to go for the landowner who took on VCS in the first place, as principal they are jointly and severely liable for the actions of their agents, not only would that rock VCS boat, it would also make the landowner/principal consider if its worth having such an entity as VCs infesting their car park

If you cvan provide the following details, furhter advice on how to beat them, and give them a good kick could be provided:

Name of car park/area where original ticket was issued if this was an airport road/port/railway then bye-laws may apply this means that VCS could have been acting unlawfully ( especialy in the case of some airports where the signs do not have permission) if it was a bye law breach, then the airport ( not VCs ) has 6 months to proceed against you if this time is up then you have nothing to worry about

Reason for the issuing of the original ticket - did you leave the site ( read VCS vs ibotson) overstay, outside of a bay, parent and child space, disabled bay, your car is maroon and you parked in a bay for red cars?

stevedub

What is the best method to pay for proof of payment?? As I'm really concerned over all the Google reviews and comments on these places 'County Court Business Centre' and 'BW Legal'. I've read people saying BW Legal have continued contacting them months after full payment asking for outstanding monies still due. I don't want them to turn around and try and charge me for proof of payment!

Also my credit report is already showing this CCJ and on the BW Legal letter it says if I pay in full within the time frame I can ask for this to be cleared... although I'm concerned this isn't going to be easy!?

I was going to pay on a credit card if that makes any difference. I will then once this is sorted look in to how/if I can potentially get anything back like stated above in your replies.

Thanks again for your help,
Steve

Quentin

The CCJ will be removed from the register once you show the court proof you have paid it within the 30 days allowed


You may need to contact any credit agency to correct any incorrect info they hold about you if it doesn't disappear once you get the register "cleaned"