CCJ VCS advice needed

Coupon-mad

Yeah they are just misleading you a bit, as expected. I would not trust them or pay them, these are ex clampers run by a very fat cat, Simon Renshaw Smith:

https://www.dailymail.co.uk/news/article-2713705/amp/The-parking-ticket-fat-cats-one-s-chum-Prezza-two-drive-Aston-Martins-Meet-men-ve-millions-motorists-misery.html

I'd go along with your head held high, with your evidence that you know from your reading here, will satisfy the Judge to set it aside.

NB: Do NOT forget to ask the Judge to 'reserve' costs. REALLY IMPORTANT. Otherwise we see people get the CCJ set aside, then the PPC runs away and discontinues the claim leaving you £255 out of pocket plus your other costs for missing half a day's work & travelling to the court...

You want the costs reserved so that you can claim them when the PPC discontinue or you win the actual hearing later about the claim itself.

nosferatu1001

Its not a defence. Dont use that word

You state you should have an automatic set aside, as they did not serve the claim to a known good address. YOU MUST KNOW BY NOW what your grounds for set aside are, given you ve already submitted them!

IF the court does not set aside automatically, you state you would like them to set aside on the grounds that you have another good reason to set aside, which is that you have a reasonable defence to the underlying claim. ONE of your DEFENCE points to the underlying claim is that they have NO RIGHT to claim from you, the keeper, as they did not deliver the NtK within 14 days as stipulated under POFA2012. Again, your defence should already have been submtited

So there are TWO items you look at:
1) Auto set aside
2) Another reason to set aside.

Dont confuse or conflate the two. Have it crystal clear in your mind.

Coupon-mad

McOfson wrote: »

so for a judge to be satisfied, would the defence be that I didn't receive the claim , and also the NTK was sent outside of the 14 day period and so no liability to keeper. and that driver liability can only be pursued and I as keeper have no liability??

You are saying two separate things there. One is about justifying the set aside, and the other goes into the realms of a defence to the PCN.

If there was no windscreen PCN purportedly placed, and the PCN was a postal one, then yes you would have a defence that there can be no keeper liability, pointing to para 9 of the POFA. But that's (probably) not what this first hearing is for.

Generally that comes at the later hearing, and might only be touched upon at a set aside hearing which is mostly about showing evidence that the claim was not received/properly served, and that you would have defended, had you known, and should be afforded that opportunity.

Rarely, some Judges then launch straight into a mini-trial of your defence so have more than POFA to say (unclear/sporadic signage and 'no standing/landowner authority' are two normal ones to have in any defence).

And do NOT forget to ask for your costs to be RESERVED so that you can later claim your £255 - and travel/loss of leave for the hearing(s) - back from the scammers, when you win in the end, or they discontinue.

Coupon-mad

How about scanning it into dropbox and showing us a shared link to laugh at their rubbish and calm you down?

This will be a (slightly adapted to your case and the set aside hearing) template statement from them, nothing special or unusual. You could have been expecting it weeks ago by reading any VCS claim thread.

Earlier, Redx said to you:

dont just stay on your own thread, learn from others doing the same thing

Look at ANY VCS CLAIM thread (not just set asides) and if their WS quotes case law, simply search for the surname of the case and find what we've said before when we've seen this tedious load of guff in other VCS cases!

You need to get up to speed and be informed by your reading of other VCS threads, not be surprised by what arrives. Why not spend a few days reading VCS threads, you will see what I mean.

Do a search of any surname they mention. I doubt they have only focussed on the service of the claim/address issue, I bet they've fielded their usual drivel of 'case law'. Easy to shoot down but it if for you to copy what others have done, not act as if your case is new and unique.

It is new to you but it shouldn't be, given all the VCS threads here already!

In your case, what was the location and contravention alleged? A car park overstay? Permit area? No stopping at a business park or Airport?

Coupon-mad

No, I wanted you to ONLY read VCS threads here, not Googling on the web.

I know for a fact that the WS you have there, if it mentions any case law, is already covered here. Simply search for a case law surname. Not on Google. On here.

Change the search to SHOW RESULTS AS POSTS.

Coupon-mad

McOfson wrote: »

They are disputing the set aside defence/reason. does that mean that my set aside won't be granted. ? !

Doubt it.

Why not show us their letters? I did suggest you use dropbox in my opening line:

How about scanning it into dropbox and showing us a shared link to laugh at their rubbish and calm you down?

Coupon-mad

No, Google dropbox and register. It's a free hosting site. Or use Imgur.

Le_Kirk

(Nearly) everybody receives a load of template tosh from PPCs when they (the PPC) are floundering around unsure of their case. Ignore it, your claim for the set-aside is your six-point draft order, your witness statement and, in your back pocket, a synopsis of your defence against the original parking claim - just in case the judge asks. Read a few of the successful set-aside cases posted on here by searching for set-aside judge satisfied as your keywords as, in the first instance, you only have to satisfy the judge that the judgment should not have been given due to .............. (and that is your witness statement).

Redx

So get legal advice if it's overwhelming you

This is a self help forum and all the advice you have been given is sound and useful

The fact that you have chosen to do it yourself means it's your responsibility , not sure what you expect us to do

Martin Lewis would tell you to seek Legal advice from a lawyer , which he would do himself if he had legal issues , like he did with Facebook

Man up and learn from others , take the advice and run with it , because I cannot see what anyone else here can do with your case , do please , get a grip

Hope you are successful in your quest on this , but nobody said it would be easy

McOfson

I agree. I guess I just wanted to be reassured that I was in the right ball park with the set aside, and advice/tips etc from others who had gone through the same thing.?