Please help- Please help !! PCN from Vehicle control services ltd

Le_Kirk

If you are talking about the defence against the original/underlying claim, you do not need it yet, but we always recommend to have a copy of a decent defence "in your back pocket" in case the judge at the set-aside hearing asks if you have a reasonable chance of defending the claim.  If the judge allows the set-aside and doesn't dismiss the claim, you will be issued with a judgment or order telling you to file and serve a defence by a certain date.

Is my defence should talk about how unfair that a private parking firm ruling out private land? 

Not sure what you mean by the above!  Try to phrase it differently and you may receive some pointers.

SoJacob

@Le_Kirk Thank you so much!! I was getting worried about the short of time for preparing a defence. Please could you advise is there anything else I should be preparing for the hearing. I have got a WS which I have emailed to the court with my N244. I have drafted a skeleton argument. Since you say the defence is not something I should be handing over to the court at this stage which make me feel little relaxed. However, I will prepare a draft if incase. 

My question was- When I prepare my defence, should I talk mainly how unfair the private parking firms ruling out a private land like Southend airport. In my case I have got parking fines when I dropped off (for seconds) my husband on red route, including a bus stop. The airport had no free drop off close by, however they have one at the long stay car park. Due to my husband had a knee injury he was unable to walk that far. However, the claimant could argue that the airport advises to drop at the short stay by paying £3. I will find my husband's hospital letters regards to his knee injury. Not sure if this may help. 

Coupon-mad

No, you can't talk about how 'unfair' it is. They are contracted by the Airport so the Airport clearly want them.

You just adapt the template defence and state you haven't seen any evidence that you stopped in contravention of prominent signs and lines.

SoJacob

 

You just adapt the template defence and state you haven't seen any evidence that you stopped in contravention of prominent signs and lines.

@Coupon-mad. I can state as you advised but the signs and the red routes were clear, and I went and checked again.  

Coupon-mad

But - correct my memory if I'm wrong - you showed me pics ages ago and we discussed how you were not on red lines, you were in a lay-by entrance to a building, and there was no sign near your car, nor red lines.

SoJacob

Coupon-mad said:

But - correct my memory if I'm wrong - you showed me pics ages ago and we discussed how you were not on red lines, you were in a lay-by entrance to a building, and there was no sign near your car, nor red lines.

I’ve got one PCN for where I was not in a red route. 

The other 2 are bus stops. 

SoJacob

SoJacob said:

Please can someone have a look my skeleton argument and let me know if this is good submit? 

Claim No.:  XXX

Between

XXX

(Claimant) 

- and -  

XXX

 (Defendant)

_________________

SKELETON ARGUMENT

1.    Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  CPR 13.2 applies and the CCJ should be set aside. As the claim form was served whilst the defendant was out of the country, and the defendant thus was not aware of the Default Judgment until 19th February 2022 upon returning home. After a leaving the country on 23rd January 2022 and not returning to my home address until 18th February 2022 late night. In support of this the defendant have attached copies of my air ticket, alongside the passport stamps which shows the dates of absence from the U.K.

2.    It should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that; 

2.1.  On the basis of CPR 13.3 (i) the defendant has a real prospect of successfully defending the claim and CPR 13.3 (ii) the defendant should be allowed to defend the claim  

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if – 
(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why - 

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

3.   DCB legal refused accept the payment and advised the defendant to contact DCBLtd who refused to accept the amount stated on the Judgment despite it still being within 30 days and DCBLtd knew that the defended was medically vulnerable person. DCBL threatened, intimidated and lied about the recoverable amount of the judgment, and under pressure and protest the exorbitant sum of £950.43 was obtained with menaces and the defendant have recorded the call.

The defended felt pressured paid DCBLtd £950.43 out of fear which is £200 more than the judgment, which was already inflated by £180 of false costs that the Government banned on 7th February. When the defended contacted DCBLtd on 26/02/2022 to discuss the judgement DCBLtd advised the defended to pay £940.04. When the defended questioned this unconscionable, inflated sum DCBLtd advised the sum changed on the 21/2/2022. DCBL were well aware that a set aside application was being made and would know that no bailiff fees could legally be added during the initial 30 days. In support of this the defendant have attached the copy of Notice of enforcement and the receipt from the DCBLtd.  

 

I believe that the facts stated in this Skeleton Argument are true.

NAME DATE

Please can someone advise me if this skeleton argument good enough? Any advise is appreciated. Should I email this to the court or take a copy with me for the judge at the hearing? 

Coupon-mad

You need to remove all this and put it in a Witness Statement instead because the section below is not a skeleton (legal) argument, it's facts better suited to a WS):


"3.   DCB legal refused accept the payment and advised the defendant to contact DCBLtd who refused to accept the amount stated on the Judgment despite it still being within 30 days and DCBLtd knew that the defended was medically vulnerable person. DCBL threatened, intimidated and lied about the recoverable amount of the judgment, and under pressure and protest the exorbitant sum of £950.43 was obtained with menaces and the defendant have recorded the call. 

The defended felt pressured paid DCBLtd £950.43 out of fear which is £200 more than the judgment, which was already inflated by £180 of false costs that the Government banned on 7th February. When the defended contacted DCBLtd on 26/02/2022 to discuss the judgement DCBLtd advised the defended to pay £940.04. When the defended questioned this unconscionable, inflated sum DCBLtd advised the sum changed on the 21/2/2022. DCBL were well aware that a set aside application was being made and would know that no bailiff fees could legally be added during the initial 30 days. In support of this the defendant have attached the copy of Notice of enforcement and the receipt from the DCBLtd.  

I believe that the facts stated in this Skeleton Argument are true."

A skelly doesn't have a statement of truth, it's just your legal argument.  

Personally I don't think you need a skeleton argument as the claim was served correctly, you were just abroad.  You need a decent WS, ALL the evidence served in advance and a costs assessment.

I thought you'd already submitted a Draft Order ages ago, and a decent WS with your N244, proving you were out of the country?  

Surely that WS in the Spring already told the court what DCBLtd did to extract more money than the CCJ £sum (within the first 30 days).

Surely you already attached proof of their conduct (their emails of texts showing how they misled you and took more money)?

If not then you will need a supplementary WS to add in what your earlier WS didn't say or attach.

SoJacob

Thank you. I have emailed the court in March the WS and draft order with evidence to proove that I was out of the country. However, I have not forwarded the emails, phone call records with DCBL. In another email to them I send the proof of payment I made to the DCBL requesting to cancel the entry on the public register since I have paid the judgement amount and what the DCBLtd demanded to pay before. 

I will amend my WS adding those points. Can I email to the court once this done? Am I too late? 

SoJacob

My email to DCBL- 

	Wed, 16 Mar, 12:37

Good afternoon Teresa, 

Thank you for your email. When I spoke to your colleague on 26/2/22 she told me the total amount including your charges for going to high court is £940.04 and this was applied on 21/2/22. Could you please confirm the calculation? I see no dates in this form saying the 21/2/22? 

It would be great if you can kindly confirm this with me. So that I can make the payment ASAP. As discussed over the phone I am only considering making the payment because of the risk I may face for the 6 years. I am hoping to still defence this case, however it is important that I secure myself for my family and my unborn baby. 

I really appreciate your immediate response.

Yours sincerely

________

Their response-

	16 Mar 2022, 14:08

Good Afternoon  

The figure detailed within the notice of enforcement is correct.

 

The Court sealed the Writ of Control for the amount of £873.03, which is referred to the debt amount on the notice of enforcement, in addition the compliance fee is payable along with a small amount of interest. All County Court Judgments are subject to interest which is applied at 8% per annum, interest is applied by the Court and we have no power to vary or freeze it.

 

We look forward to receiving payment, to conclude this matter.

 

Kind Regards,

 _____