CCJ VCS advice needed

McOfson

Hello
in 2015 I received a NTK about an overstay in a retail car park. the ntk was outside the 14 days. I read all the advice on these threads at the time and sent the template letter stating I was just the registered keeper, it was outside the 14 days,no driver liability etc etc and I would not be communicating further etc. I continued to moniter these threads and it all seemed pretty standard. it all went quiet and I assumed the matter was over. I have been abroad travelling since april and upon my return yesterday found on my door mat a county court claim form from July , a judgement for claimant from August and then a notice of field agent attendance from ELMS legal! I checked my credit file and I've been given a CCJ !!
I'm devastated. mainly because if I'd have known I could have dealt with it swiftly within the month time period and not had the ccj !
what can I do to address this going forward. I've read countless threads and googled the whole thing all last night and today I'm just exhausted and confused. at this point I am happy just to pay the bloody thing and get rid of the ccj and get the whole thing out of my life. !
thanks in advance

Coupon-mad

Read the set aside section of the NEWBIES thread post #2 and crack on!

Coupon-mad

Well you need to get some sleep and do this tomorrow.

We won't re-type it; we have no time to do that and this is something YOU must read about & research and spend a few days preparing for the local hearing, to set aside the CCJ, then later, to defend the scam claim.

You can also search the forum for:

SET ASIDE 6 point order

and

Set aside Judge satisfied

and change the search to show results as posts (never as 'threads').

Coupon-mad

there's no way I can just call the courts (or any of the people on the letters demanding the money etc) and get it resolved.

Absolutely not. This is not simple but is winnable.

McOfson

also is the fact that i wasn't here to recieve the claim mean that i wasn't 'served' and that's my reason for our being put aside , as i didn't have knowledge of it and therefore couldn't address it?

Coupon-mad

Yep, you will be taking this evidence with you to the set aside hearing in due course:

I have been abroad travelling since april and upon my return yesterday

Plus the usual stuff mentioned in the threads/posts you find when you search for:

SET ASIDE 6 point order

and

Set aside Judge satisfied

and change the search to show results as posts (never as 'threads').

McOfson

Also with regards to the 6 point draft order, point 3.. I'm not requesting the claim form, as I have it, but just didn't see it until 2 months after it was sent because I was out of the country. so would I only need 3 point order.
also on the form it says 'what order are you asking the court to make and why. ' am I asking for a set aside order on the grounds that I wasn't aware of the claim and wasn't effectively served it?
apols in advance, my brain is fried!

Coupon-mad

also on the form it says 'what order are you asking the court to make and why. ' am I asking for a set aside order on the grounds that I wasn't aware of the claim and wasn't effectively served it?

There is a link to a post by at least one user saying how to fill in the set aside boxes on a N244, in the NEWBIES thread, I'm sure. These questions are answered. You can say you were living abroad in xx country (countries) at the time and had no chance to see or defend the claim.

You print one out after entering most info electronically, then physically sign & date it and attach your WS and 6 point 'draft order' (which is what you want the Judge to order, including reserving your £255 court fee and other costs).

You take it to your local court or post it to them, then phone them to check it has arrived and pay by card. I'd go in person and do it on the spot.

I'm not requesting the claim form, as I have it, but just didn't see it until 2 months after it was sent because I was out of the country. so would I only need 3 point order.

Just remove the request for a copy of the claim form.

Show us your drafts before you send them or take them to your local court!

The_Deep

McOfson wrote: »

also is the fact that i wasn't here to recieve the claim mean that i wasn't 'served' and that's my reason for our being put aside , as i didn't have knowledge of it and therefore couldn't address it?

That might be difficult. Was the claim sent to the address at which you reside? Is so, did you arrange to have your mail forwarded?

McOfson

hi coupon mad
does this look ok to send? not sure about the wording or point 8 to be honest...
best wishes



DRAFT ORDER

IN THE COUNTY COURT AT: Northampton

xxxxxxxx(Claimant)

And
xxxxxx (Defendant)

CLAIM No: XXXXXXX

IT IS ORDERED that:

1. The default judgment dated 05.08.2019 be set aside.

2. Costs to be reserved.

3. Should the Claimant discontinue the Claim after the CCJ is set aside the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

4. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

5. I am NAME and I am the defendant in this matter. This is my supporting statement to my application dated 08.09.2019 2019 requesting to:

a. Set aside the default judgment dated 05.08.2019 as it was defectively served as I was out of the country, travelling from the period of 02.04.2019 – 07.09.2019

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

6. I understand that the claimant obtained a default judgment against me on 05.08.2019. However, I was not aware of the county court judgment until I returned to the UK.

7. I was not in reciept or aware of any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment.

8. I suggest the claimant did not make reasonable enquiries as to my location before perusing the court order, especially considering they received no response from me to their correspondence this should have been a clear indication of my absence from the address. Had I been in receipt of the Claim I would have addressed the matter immediately.

9. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

ORDER DISMISSING THE CLAIM

10. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.

11. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

12. If the claimant can evidence that the alleged incident relates to the vehicle XXXXXXX any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012 ; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.

13. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since the notice to keeper was served outside this 14 day period, I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.

14. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.

b. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to VCS.

15. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

16. In order to make informed decisions and statements in my defense as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.
17. As Field Agent attendance is being threatened to I, the Defendant, time is of the essence, and it would be appreciated if the court could act quickly to arrange a date for the set aside hearing and use their case management powers to order that all enforcement is stayed until after that hearing.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

The_Deep

This was … completely unexpected so could not have and did not have any knowledge of it,

You could have had knowledge of it if you had arranged to have your mail forwarded. IMO a judge may well be reluctant to grant a set aside.

All other companies seem to manage this.

You are not dealing with a reputable company.