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VCS Letter Before Claim - EDIT - I WON!!

1235712

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Your witness statement provides facts about why you should be granted your set aside
    Specific dates of eg letters from PPC may or may not heklp that. Thats your job to work out. 
    A lot of 1 - 6 seems superfluous and leads to this MASSIVE para 7 and onwards. 
  • 1505grandad
    1505grandad Posts: 4,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Also  -  " I am aware that the claim is for an unpaid Penalty Charge Notice (PCN)."

    Is the PCN in fact a "PARKING Charge Notice"?.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 May 2020 at 6:23PM
    Yep, change it to parking charge.

    -  Do I need to include more detail eg – timescales of ALL correspondence with Parking Company and legal firm – eg letters, emails sent & received etc

    No.  But have them handy for the set aside hearing if needed.

    - Do I have a good chance with these reasons or am I just wasting my time?

    We've never seen anyone try these reasons, but I'd say these are exceptional times where a Court should exercise discretion.  After all there is the possibility of having a CCJ set aside for 'any other good reason' plus the prospects of success that you have in defending, plus the fact the sum claimed included double recovery of costs (an abuse of process).  So you appear to meet that criteria but that's up to a Judge.

    - Do I need to supply evidence now, or at a later date – eg. – the parking ticket, evidence of being abroad, evidence of wife’s health conditions etc

    I'd say evidence of being abroad and health conditions (if she agrees) does add to the strong picture you are painting as to why there is a 'good reason' for this CCJ to be set aside, for you to defend it.

    You also need a Draft Order, like in the case I pointed you to read from this week.


    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
  • JACK24
    JACK24 Posts: 37 Forumite
    10 Posts Name Dropper
    Update - I've now received confirmation that there will be a hearing at my local county court(details & dates to follow) 
    I'm trying to be prepared ahead of a confirmed time/date - What should I do next? Will I need to attend in person? What do I need to prepare before going to court? My evidence / statement has already been submitted so what else is needed?

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Will I need to attend in person? What do I need to prepare before going to court? My evidence / statement has already been submitted so what else is needed?

    Surely most/all of this is covered on the newbies thread, and if not can be found elsewhere if you search.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 June 2020 at 2:21PM
    The order tells you what to do and the NEWBIES thread tells you how to prepare for a hearing.
    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
  • Ralph-y
    Ralph-y Posts: 4,763 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic

    what is the court like ...
     Have a look at this short video:

    www.youtube.com/watch?v=n93eoaxhzpU


    Ralph B)

  • JACK24
    JACK24 Posts: 37 Forumite
    10 Posts Name Dropper
    I have a county court hearing on the 22/6/20 via telephone, I've tried reading the newbies thread and doing a bit of research, but would prefer a legal representative if possible or is too late for this as I didn't state who this was on my forms & depending on costs - could anybody advise where to find someone knowledgeable in this area as I don't want somebody who doesn't know their stuff, and also what should I expect to pay?
  • Umkomaas
    Umkomaas Posts: 43,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    could anybody advise where to find someone knowledgeable in this area as I don't want somebody who doesn't know their stuff, and also what should I expect to pay?
    More than the parking charge in all probability. The legal profession is generally clueless about this stuff. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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