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HELP! County Court letter received, VCS - deadline is 28/7

D335071
D335071 Posts: 33 Forumite
edited 29 October 2019 at 7:36PM in Parking tickets, fines & parking
Update: Matter has progressed to the County Court, date set... Defence, WS and skeleton argument submitted.... AND letter of discontinuance received today. They have just caved in.
«134567

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    post the ISSUE date from the top right of the claim form BELOW

    make sure you have emailed a SAR to the DPO at VCS to get all docs , pics and data on you and your vehicle

    check the beamerguy thread about ABUSE OF PROCESS and ensure you use the paragraphs by coupon mad if VCS have added spurious costs on

    if the form came today, you have a lot longer for your defence if the AOS has already been done
  • D335071
    D335071 Posts: 33 Forumite
    edited 17 July 2019 at 10:14PM
    Issue date was 26th June 2019.

    I posted on the Pepipoo site and then they have given me advice to also post on here today, hence the delay.

    I have until the 29th to submit defence I believe from speaking to the CCBC for the email address to send my defence to rather than using MCOL.

    I have submitted SAR on the 27th June after I read all the advice on here.

    I cannot risk getting a CCJ against me but I will pay immediately if the judge finds in favour of the claimant. My understanding is that there is no CCJ black mark against me if that is the case? If not then I will settle up as I cannot take the chance which is annoying).

    Thank you for the speedy reply.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    D335071 wrote: »
    Issue date was 26th June 2019.

    I have until the 29th to submit defence...
    Yes, the CCBC are right with that target date.

    With a Claim Issue Date of 26th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 29th July 2019 to file your Defence.

    That's nearly two weeks away. Loads of time to produce a good Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    D335071 wrote: »

    I cannot risk getting a CCJ against me but I will pay immediately if the judge finds in favour of the claimant. My understanding is that there is no CCJ black mark against me if that is the case? If not then I will settle up as I cannot take the chance which is annoying).

    Thank you for the speedy reply.


    correct, if you lose the judge will set a time limit to pay, possibly one month , but ideally you pay up , IN FULL , asap and get proof, that way you avoid the CCJ or the CCJ is struck from the record due to prompt payment


    bargepole once said , PAY UP IN FULL ON THE WAY OUT !!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 17 July 2019 at 11:02PM
    What a story ?

    If Wright Hassall and DCBL kicked it out, it must have been that the VCS claim was total cr*p ...... nothing unusual there then ???

    VCS are attempting to scam you with the fake £60 and at the same time abusing the court with a fabrication

    No doubt they have signed that their claim is a "statement of truth"
    It is vital you claim ABUSE OF PROCESS against VCS
    VCS often say they do not rely on POFA2012 ??

    The judges thus far have kicked cases out of court for fake add-ons classed as ABUSE OR PROCESS and it's the judges who uphold the law which POFA2012 is.

    READ PLEASE
    ABUSE OF PROCESS

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

    PLEASE READ POST #14 ON THIS THREAD BY COUPON-MAD

    Copy this in it's entirety in your statement and make certain the judge understands this
  • D335071
    D335071 Posts: 33 Forumite
    edited 17 July 2019 at 11:01PM
    That fine then. I it goes against me then I will pay there and then. This is a saga that went on from Dec 5th 2015 until Sept 2016 then I have heard nothing ever since.

    Timeline to help:
    5/12/15 - PCN affixed for parking on an unmarked access road that is the access road from the highway to the free car park. People have parked on it when the car park is full for years. No obstruction and other cars parked there. The PCN does Not relate to the car park as that is owned by the pub. It relates to the road which is owned by a building company who were bending houses on the land. 2 small signs fixed to the building site entrance on the fence and unseen in the dark.

    25/01/16 NTK - appealed by email 30/1. Automated reply (their NTK says the matter will be but on hold whilst under appeal for 28 days and no additional charges will be added... I have never had anything other than the automated acknowledgement of appeal received from VCS.

    23/2/16 Letter from VCS restating I must tell them who the driver was and not addressing any points of my appeal. Given 14 days grace before it goes from £60 to £100.

    18/03/2016 ZZPS Ltd - debt collection notice £150 (client VCS Ltd) - appealed.

    5/4/16 ZZPS Ltd letter second letter cost will increase to £186.00 and pass to Wright Hassall... appealed

    25/4/16 Wright Hasall letter Acting for ZZPS now £186 - appealed

    6/5/16 - letter from Wright Hassall - matter on hold.

    12/5/16 - letter from DCBL Ltd acting for VCS Ltd - cost now £160 - appealed

    18/5/16 - confirmation from land owner and building company that they do not wish to pursue against me.

    18/5/16 - confirmation by telephone and email from DCBL Ltd that they are referring the matter back to VCS.

    24/5/16 - reply from BPA basically saying they can't help.

    31/5/16 - reply letter from Wright Hassall - file on hold and under investigation to the points I raised in appeal.

    02/06/16 - letter from DCBL stating i have failed to pay them (dispite them telling me matter is on hold as of the 18/5)

    22/6/16 - letter from Wright Hassall stating they are closing their file and returning it to ZZPS Ltd

    27/6/16 - DCBL confirm account is on hold and they are not dealing as client has informed them it is with a different debt collection agency

    2/9/16 - Email from DCBL ltd they have been instructed by the client to close the case. They have no further rinformation to provide to me.

    so as I had been instructed by the solictor and the debt recovery agent the matter was closed - I assumed it was closed, and heard nothing until...

    26/6/19 - CCBC letter received!

    Is there some sort of breach of process here?

    I will add the breach of process bit to my defence but I was advised it was already to long and I needed to make it concise. Can I get some advice on what i have posted as my defence and then I will make the amendments and repost / submit.

    I have already got all my exhibits ready and in order, numbered. Plus photos and all the correspondence. Amazingly i kept it all!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I will add the breach of process bit to my defence but I was advised it was already to long and I needed to make it concise. Can I get some advice on what i have posted as my defence and then I will make the amendments and repost / submit.

    Others will comment on that BUT you make room for ABUSE OF PROCESS as per coupon-mad
  • If you add Coupon-mad’s post to your defence you will be able to remove some of your existing points.
  • Coupon-mad
    Coupon-mad Posts: 153,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And get photos in the dark, in readiness for WS & evidence stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D335071
    D335071 Posts: 33 Forumite
    I will go and see but this was over 4 years ago now and the place is completely changed as it has been developed. I do have pictures from then showing the signs and the location and carpark (thank fully)
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