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

Umkomaas

Also please kindly advise me what to except expect during the hearing.

Have a look at this if you've not previously seen it - originally posted by forum regular @KeithP.

https://www.youtube.com/watch?v=n93eoaxhzpU

Fruitcake

Yes, add para 9 as long as you challenged landowner authority in your defence.
I suggest you tidy it up because it doesn't read properly at the moment and highlight the fact that VCS have not provided a copy of a contract with or flowing from the Landowner, and the one they have provided is for a different airport.
Put them to strict proof that they have a contract.

If VCS supplied the contract, then say so rather than say "the defended defendant" has read it.
Otherwise say you have been provided with a copy of the purported contract (you don't need to say by whom unless asked by the judge).

Le_Kirk

9.    The defended defendant read a copy of the service agreement between the claimant and the London Southend airport company limited. According to the contract, Vehicle Control Services, Company Number 02881745 but Companies House says this is the company number for London Southend Airport Company Limited. 

Whether you use the above or not, suggest you make the change suggested.

SoJacob

Thank you all. I am very anxious about tomorrow but I will try to be brave and do my best. 

Umkomaas

SoJacob said:

Thank you all. I am very anxious about tomorrow but I will try to be brave and do my best. 

Good luck, stay strong and let us know how it goes. 👍

SoJacob

Fruitcake said:

Yes, add para 9 as long as you challenged landowner authority in your defence.
I suggest you tidy it up because it doesn't read properly at the moment and highlight the fact that VCS have not provided a copy of a contract with or flowing from the Landowner, and the one they have provided is for a different airport.
Put them to strict proof that they have a contract.

If VCS supplied the contract, then say so rather than say "the defended defendant" has read it.
Otherwise say you have been provided with a copy of the purported contract (you don't need to say by whom unless asked by the judge).

Thank you. I have read the service agreement from Iamwood's thread. 

Coupon-mad

Call the Judge Sir or Madam.

Be polite and friendly, and honest.

Remember this is NOT ABOUT THE PCNs, so don't talk about those unless the Judge asks.

I think your opening points are that:

(a) you were abroad and had no chance to defend the claim.

(b) the Claimant and DCBL (both) knew this as soon as you contacted them, and they knew in February that you had been abroad and that you wanted to set aside the Order and dispute the claim.

(c) you ask the Judge to kindly look at the dates and emails and conclude that they - VCS and/or DCBLtd - took advantage of your vulnerability and (it seems to you) demanded more than the court had ordered, within the 30 days.

(d) there should never have been a CCJ at all because you tried to pay the sum ordered by the court, within the 30 days that the Order allows.  You were not admitting liability.

(e) it is your case that VCS refused to accept the sum on the court Order.

(f) it is your case that DCB group refused to accept it, too, and being bailiffs (who must act within a strict code these days) you believe they breached the rules for vulnerable debtors and they caused you to get this CCJ due to dragging out the time to pay.

(g) did they even have a writ? Within the first 30 days? You never saw it, and you ask that the Judge sheds light on all this.

(h) it is your case that in February, both refused to consent to set aside.  But here they are, six months later when facing a hearing, suddenly trying to consent (but wanting to keep all the money and walk away).  That cannot be rght.

(i) the claim was inflated (by 3 x the false added £70 as well as the bailiff fees) and involves a notorious cash cow 'no stopping' zone where Defendants often win contested cases. In this case there are certainly good prospects of defending the claim that should have been for no more than £300.

For all the above reasons, and mindful that the Defendant ACTED VERY PROMPTLY (as required by CPR 13.3) the court is asked to use its discretionary power to:

- set aside the CCJ, under CPR 13.3,

- order that the Claimant return the inflated monies that DCB Ltd allegedly bullied you into paying,

- order that any writ is hereby cancelled,

- order that the Claimant pay your costs for attending this hearing (loss of a day's leave, which includes loss of a day's maternity leave) 

- order that the Defendant be allowed 14 days to file and serve their defence to the claim.

SoJacob

Thank you @Coupon-mad. Can I take a print of the notes what I am suppose to tell the judge? I feel that I may forget cover all points. 😟
also in regards to my defence, should I take all relevant copies such as SAR, bylaw, agreement between Southend airport and VCS? 

Umkomaas

SoJacob said:

Thank you @Coupon-mad. Can I take a print of the notes what I am suppose to tell the judge? I feel that I may forget cover all points. 😟
also in regards to my defence, should I take all relevant copies such as SAR, bylaw, agreement between Southend airport and VCS? 

Yes to all of the above.

SoJacob

@Coupon-mad, please excuse if I am asking a stupid question. How does a writ looks like? Is it a notice of enforcement ?