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

SoJacob

@Coupon-mad
thank you. The default judgement dated 18 feb.
is there any format I can adapt for supplementary WS? 

Also @C@Coupon-mad, should include all evidences in one pdf? And voice records separate. 

Fruitcake

As long as every exhibit is numbered and those numbers correspond to an index, then I believe one pdf will be acceptable. You will need to include the voice recordings in the index and include the media content itself on a durable medium such as a CD, DVD, or memory stick/flash drive. You will probably need to warn the court they will need a device upon which to play the recordings.
Everything has to go to the claimant as well as the court.
I think you will have to post the voice recordings. Make sure you do this from a Post Office counter and send it first class, obtaining the all-important proof of posting. 

SoJacob

Thank you. Voice records in post to court and claimant in post as well? I hope they get it on time since the hearing on 26th next week. 

@Fruitcake to email my supplementary WS, any format I can adapt since as @Coupon-mad advised I do not have to email the initial WS or amend it.  

Fruitcake

I don't know how else you can send the voice recording on a durable medium other than by post unless you live near enough to hand deliver it to the court and the claimant (and take a photo of you doing it).

Ideally you need to post it tomorrow or on Saturday at the latest to ensure it arrives in time.
The Interpretation Act and the CPR assumes anything sent first class will arrive on the second working day after posting.

I would assume using the same format (layout) for the SWS as the original WS would be fine.

Index, including the audio recordings
Explanation, including a statement that an audio recording has been sent separately.
Exhibits

Make sure the audio recording is identified with the court case number and clearly marked as evidence.

Note that I am not a legal and have never been to court, so this is my best guess based on what I would do.

KeithP

Fruitcake said:

I don't know how else you can send the voice recording on a durable medium other than by post unless you live near enough to hand deliver it to the court and the claimant (and take a photo of you doing it).

A xxx.wav file attached to an email? No idea whether that's acceptable or not.

Fruitcake

As far as I am aware, the courts only allow a durable medium that cannot be tampered with (by either party). I'm assuming a computer file can be edited.

SoJacob

Please can someone have a look and let me know if this is ok to be emailed? I will add an index to exhibits.

THE SUPPLEMENTARY WITNESS STATEMENT OF -----

 

WITNESS STATEMENT

 

I am ------- and I am the defendant in this matter. This is my supporting statement to my application dated 14/03/2022 requesting to:

1.    Set aside the default judgment dated 18/02/2022 as it was served whilst I was absent from the country.

2.    If I had known about the claim, I would have defended it.

3.    A judgment was entered against me on 18/02/2022 without my knowledge.

4.    On the 19/02/2022, I found out about the judgment when I returned to my home address 

5.    In addition, I wish to have judgment set aside because I have a real prospect of successfully defending the claim.

6.    I respectfully ask that the court orders that the judgment be set aside.

7.    Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee. 

 

DEFAULT JUDGMENT

 

 

1.    The defendant was the registered keeper of the vehicle at the time of the alleged offence.

 

2.    The claim form dated 27/01/2022 (Exhibit 01) was served whilst the defendant was out of the country, and the defendant thus was not aware of the Default Judgment dated 18/02/2022 (Exhibit 02) 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 (Exhibit 03), alongside the passport stamps (Exhibit 04) which shows the dates of absence from the U.K. 

 

3.    When the defendant contacted the DCBLtd on 24/02/2022 they asked me to pay £940.04. This was inexplicable and almost £200 more than the default judgment yet only days after it, at a point where no costs can be added.  DCBLegal and DCBLtd appear to be the same organisation. The former filed the claim and yet the latter replied to contact and demanded monies as though they could already add bailiff/writ fees and ignored the fact the purpose of the contact was to ask for consent to the set aside application.  DCB group asked for proof of pregnancy and in the email they stated they have placed the case on hold until the 14th (Exhibit 04) . DCB group have been provided with evidence of the Defendant's vulnerable status (Exhibit 05) and they knew the defended was medically vulnerable (Exhibit 06). Defendant was at the early stages of pregnancy and couldn’t take much stress due to past traumatic miscarriage. This behaviour from the DCB group was exacerbating the defendant’s anxiety. Defendant is a specialist mental health nurse who understands stress can be an increased risk factor for miscarriage.

 

On 16/03/2022 the defended contacted VCS and DCB group to make payment they both forced the defended to deal with the bailiffs (DCBLTD) who then quickly applied for a writ, despite also knowing I'd already applied for a CCJ set aside and stay of execution and are medically vulnerable and fitted the 'breathing space' debt collection rules.  Both VCS and DCBLEGAL ltd outright refused to take payment for the default judgment amount even though it was well within the 30 days. And they then forced the defendant to pay £950.43, in breach of the court Order, within the 30 days. The defendant recorded calls and it demonstrates either their bullying and/or my severe distress (Exhibit audio 07-Exhibit 09). The defended have paid what they have demanded before 18/3/22. Notice of enforcement received by email from DCBL 16/03/2022 (Exhibit 10) and defended queried the calculation (Exhibit 11) and not received a satisfactory response (Exhibit 12) payment made on 16/03/2022 (Exhibit 13).

 

The defended unwilling to sign claimant’s draft Consent Order because it makes no mention of the enhanced sum the defended frightened into paying being returned.  

 

Additionally, according to the High Court Enforcement Officers Association (HCEOA)-

A straightforward judgment, without any other stipulations, can be enforced immediately using a Writ of Control. However, there may be occasions when immediate enforcement cannot be initiated – for example:

 

if the judgment or order contains directions allowing payment within a specified time, the Writ of Control cannot be issued within that specified time;

 

 

ORDER DISMISSING THE CLAIM

Statement of Truth

I believe that the facts stated in this supplementary witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

 

Coupon-mad

Defendant not 'defended' (twice, near the end).

Is the sum they demanded £940.04 or £950.43? You state both. Did they keep changing it?

Have you attached proof of paying?

All your paragraphs need a number. At the moment you have several with no number.


Here, add as shown (the right amount):

7.    Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee and to pay the sum of £950.43 which was paid to DCBLtd under duress.


Remove from near the end: "ORDER DISMISSING THE CLAIM".

SoJacob

Coupon-mad said:

Defendant not 'defended' (twice, near the end).

I will change this. Thank you. 

Is the sum they demanded £940.04 or £950.43? You state both. Did they keep changing it?

When I called them at the beginning the lady told me I should be paying £940.04 but when I called them to actually pay the amount, they told me it is £950.43 I should be paying. 

Have you attached proof of paying?

Yes. 

All your paragraphs need a number. At the moment you have several with no number.

Ok. I will add them. 

Here, add as shown (the right amount):

7.    Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee and to pay the sum of £950.43 which was paid to DCBLtd under duress.

I am not sure if you are remembering I didn't actually pay £275, it was £14 I paid to them. I confirmed this by checking my statement. 

 Also as advised by others I will be adding those audio records into my email and post to them in a memory stick tomorrow. 

KeithP

SoJacob said:

7.    Order for the claimant to pay the defendant £275 as reimbursement for the set aside fee and to pay the sum of £950.43 which was paid to DCBLtd under duress.

I am not sure if you are remembering I didn't actually pay £275, it was £14 I paid to them. I confirmed this by checking my statement. 

I am not going to bother reading back all 350 posts on this thread - that almost enough to get me ignoring this thread altogether.

But have you, or are you intending to, pay the £275 set aside fee to the court?