Please help - county court notice from vehicle control services

Coupon-mad

Look closely at the different experiences described in post #62 and post #64 here:

https://forums.moneysavingexpert.com/discussion/5470919/excel-parking-bw-legal-court-paper&page=3

In #64 I quoted the bullying Mediation experience: ''why do you think you'll win?'' AWFUL. Trying to get the poster to settle for lots of money, lecturing them for not naming the driver, and telling them wrongly that the Beavis case wrecks their chances.

In #62 I quoted the actual hearing experience - he won! The Judge was fair.

Hollyfshaw888

Hi all, it has been some time since my last update.
After their letter saying they had a CCJ awarded (4th Feb 2019) and offering mediation in April 2019.
Last month they sent me a letter saying it had been proceeded to small claims and tried to settle again at £145.
They have said they will proceed to trial and seek further costs of £220 due to instructing a local solicitor to attend the hearing. 
On 15th Oct they have sent the Claimant's witness statement and evidence for the hearing.
I then was emailed (junk box) on 23.10.20 that the hearing is on 26.10.20. 

I have a few questions if I could get some advice.
1. Can I delay the hearing? It is not a suitable time and I was notified via email which went to my junk box so, I have not had a lot of time to prepare.
2. What is the total cost I am now liable to pay? In a previous letter (titled letter before claim) they totalled the costs at £160 principal dept + £6.9 interest + £25 est. court fees = £200. Now they are saying £220 courts fees + 160 debt for the PCN itself. What is your advice here to challenge these costs so that (hopefully not) but if I lose then I will only pay what the original PCN was for? 
3. Am I as the defendant not able to submit any further defense. e.g. I have had an opportunity to say that they incorrectly sent me a CCJ issued letter as they was received after I submitted my original defense.
4. Any general advice on how to structure the arguments against?

Thanks in advance for your comments. 

D_P_Dance

!.  Ask the court
2.  Depends on the judge
3.  Others will answer
4. Put in the hours, read other posts, read defences in newbies

Redx

1) unlikely

2) the figure the judge decides upon , typically about £200 for one PCN , which is £100 plus legal and court fees

3) no further defence , you usually submit it at the beginning , as you did , but you should have submitted your WS plus Exhibits plus summary costs assessment in the last couple of weeks , with a supplementary WS to address any large issues

4) read other recent completed court cases , with tips and advice and court reports , there is no better source. Also read the telephone hearings thread by coupon mad if it's a phone or video hearing

I suspect that your WS plus Exhibits should have been sent to the court and claimant earlier this month

Le_Kirk

Ghollins806039 said:

Hi all, it has been some time since my last update.
After their letter saying they had a CCJ awarded (4th Feb 2019) and offering mediation in April 2019.
Last month they sent me a letter saying it had been proceeded to small claims and tried to settle again at £145.
They have said they will proceed to trial and seek further costs of £220 due to instructing a local solicitor to attend the hearing. 
On 15th Oct they have sent the Claimant's witness statement and evidence for the hearing.
I then was emailed (junk box) on 23.10.20 that the hearing is on 26.10.20. 

I have a few questions if I could get some advice.
1. Can I delay the hearing? It is not a suitable time and I was notified via email which went to my junk box so, I have not had a lot of time to prepare.
2. What is the total cost I am now liable to pay? In a previous letter (titled letter before claim) they totalled the costs at £160 principal dept debt + £6.9 interest + £25 est. court fees = £200. Now they are saying £220 courts fees + 160 debt for the PCN itself. What is your advice here to challenge these costs so that (hopefully not) but if I lose then I will only pay what the original PCN was for? 
3. Am I as the defendant not able to submit any further defence defense. e.g. I have had an opportunity to say that they incorrectly sent me a CCJ issued letter as they was received after I submitted my original defence defense.
4. Any general advice on how to structure the arguments against?

The letter that states they had a CCJ awarded was therefore a lie as you now have a live claim, the court needs to know this, if necessary, via a supplementary WS..  From whom was the e-mail giving the date of hearing?  Was it the PPC/solicitor or was it your local court?  Have you submitted a Witness Statement (WS) and evidence and summary costs assessment?  Did you submit a DQ and on this DQ did you give dates when you were not available.  If not, you could struggle to change the date now.  You can submit an amended defence but only with the agreement of the claimant and the court; check the civil procedure rules(CPR) and I believe there is a fee involved.  The local solicitor costs are capped at (I believe £50) but again, check the CPRs.  Normal total costs (if you lose) are normally £175 - £200.  They cannot claim the spurious £60 as debt collection or admin or initial fees as it is against POFA, Beavis and the Consumer Rights unfair trading regulations.  Have you read the standard defence template in the NEWBIE thread? 

Umkomaas

Seems to be another poster who has 'relaxed' some 18 months ago, assuming this might have gone away, but which is now returning with a vengeance, with the OP reappearing here just a couple of days before the hearing for help. 

@OP, it is impossible to cram you with everything you should already have up your sleeve in terms of knowledge of lots of important things that have occurred on the private parking legal front over the past period. The best I can suggest is you have a read of the following thread, from the point of it being resurrected just yesterday. Looks like that OP is up a similar creek to the one you find yourself. 

https://forums.moneysavingexpert.com/discussion/5848936/liverpool-business-park-pcn#latest

beamerguy

Is the legal who has been writing these letters called ELMS LEGAL ??

Coupon-mad

I am concerned that this OP has ignored and Order setting this court date and has not filed and served a WS and evidence, and will have to explain why at the hearing.

Redx

Coupon-mad said:

I am concerned that this OP has ignored and Order setting this court date and has not filed and served a WS and evidence, and will have to explain why at the hearing.

That is my worry too , plus too late to fix it as the alleged hearing is on Monday

You snooze , you lose !!

Hollyfshaw888

Thank you all for your quick responses.
Just re-read through the court claim procedure and this is the timeline so far:
Submitted by defence on 10th Feb 2019. Received notice of proposed allocation dated 11th Feb 2019. I returned N180 form on time. I did attend the mediation service on 15th April 2019. Received transfer of proceedings dated 16th April 2019 to go to small claims. Since then no communication from anyone until I received a letter from VCS on 10th September saying claim will proceed to trial unless I pay £145. Then 15th Oct I received VCS pack with Claimants WS etc. 
The email ref. CBVP invite for a remote trial was sent by someone is the listing section of the county court. 
Sounds like a gap in process - I will call the court on Monday to hopefully rearrange so I have an opportunity to submit my WS.