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

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  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    KeithP said:
    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?
    I have paid £14 for the n244 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SoJacob said:
    KeithP said:
    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?
    I have paid £14 for the n244 
    OK, that doesn't answer the question, but thanks.
  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    KeithP said:
    SoJacob said:
    KeithP said:
    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?
    I have paid £14 for the n244 
    OK, that doesn't answer the question, but thanks.
    Sorry, I am confused, and I have no idea about the court terms. I have not paid £275 to the court but if I have to I will pay this to the court. 
  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Ok. I am going to email them. Should I email separate emails to both court and claimant? 
  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper

    So this will be final. Any last-minute thoughts or advice? 


    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 defendant 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 sum of £950.43 which was paid to DCBLtd under duress.

     

    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. 

     

    4.    DCB group asked for proof of pregnancy and in the email, they stated they have placed the case on hold until the 14/03/2022 (Exhibit 05). DCB group have been provided with evidence of the Defendant's vulnerable status (Exhibit 06) and they knew the defendant was medically vulnerable (Exhibit 07). 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.

     

    5.    When the defendant contacted VCS and DCB group to make payment they both forced the defendant to deal with the bailiffs (DCBLTD) who then quickly applied for a writ, despite also knowing the defendant 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 08-Exhibit 10). The defendant have paid what they have demanded before 18/3/22. Notice of enforcement received by email from DCBL 16/03/2022 (Exhibit 11) and defendant queried the calculation (Exhibit 12) and not received a satisfactory response (Exhibit 13) payment made on 16/03/2022 (Exhibit 14).

     

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

     

    7.    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;

     

     

    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.

     

    Defendant’s name:  ---

    Defendant’s signature:

    Date:  


  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nope, same email with DCBLegal cc'd in.
    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
  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    @Coupon-mad- sorry again. 

    I have not emailed the claimant my initial WS or draft order when I emailed the court. Should I do it now? 
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DCBLegal - yes!
    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
  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Email to "Southend County, Enquiries" <enquiries.southend.countycourt@justice.gov.uk>, Fees Ccbc <ccbcfees@justice.gov.uk>, CCBC <CCBC@justice.gov.uk>
    CC- 
    Gemmal@dcblegal.co.uk, info@dcblegal.co.uk

    Subject- Claim number ---

    Dear Sir/Madam, 

    Please kindly find the attached supplementary witness statement along with evidence for the hearing on 26/10/2022 at 11:30 AM. 

    Your faithfully, 
    ---- 
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 October 2022 at 2:24PM
    That's fine except no copying in this:

    Fees Ccbc <ccbcfees@justice.gov.uk>, CCBC <CCBC@justice.gov.uk>
    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
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