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Court Case VCS EMA East Midlands Airport BP Gas Petrol Station CCJ Trying Adjourn defence

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  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 4 May 2020 at 10:09AM
    Le_Kirk said:
    If you have already submitted a WS and a defence, you cannot add to it.  Your WS needed to be reasons why you should have the CCJ set aside and your defence why you stand a good chance of defeating the original PCN.
    I can add evidence and comments to the case up until the telephone hearing correct? 
    The Order about the telephone hearing will tell you the deadline and what you have to do.
    Are you saying that you got a CCJ and you have paid £255 for a set aside using form N244, and this hearing is about your reasons to get the CCJ set aside?   What are your reasons, are they because of distraction or not being at home to read mail during the pandemic, or what?  The Judge will want to know why you didn't reply to the claim.
    ............ and this is what should be prominent in your witness statement.  What does your order about the telephone hearing tell you to do?
    Did you search for and find the six-point draft order and was it included or will it be included in your Witness Statement?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Are you a designated "key worker"? If yes then you should also make this clear as this may sway the judge into allowing your set aside.
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    I recieved an e-mail from ELMS Legal saying
    Because I am having judgement set aside they have now. Referrd case to litigation@excelparking.co.uk. Excel parking. 
  • Coupon-mad
    Coupon-mad Posts: 152,673 Forumite
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    edited 5 May 2020 at 5:51PM
    Email back and ask why they are sharing your data with an unrelated parking firm (Companies House has the company number of Excel Parking Serves Ltd as xxxxxxx yet VCS is xxxxxxxxxx).
    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
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    I am doing that now. Affer researching the company number 
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    your first hurdle is convincing a judge as to why you failed to reply to court papers , and simply saying I was late , i was busy will not cut it 
    only at the point where you convince a judge you are not doing "credit file cleanup" and a valid reason for not replying to court papers will they be interested in listening to yiour side of the claim
    so you have a big hurdle to jump 
    The passenger is a key worker in our local hospital he is a porter and so works long hour shifts mostly nights. He was looking for receipt at first, then we contacted the store. Then we found out bank statement is sufficient and so he tried bank but time issue. So he got access to online/mobile banking and then he sent me evidence. Also me being illeterate and having to Learn and draft together this defence then a set aside after i missed deadline. 
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    Email back and ask why they are sharing your data with an unrelated parking firm (Companies House has the company number of Excel Parking Serves Ltd as xxxxxxx yet VCS is xxxxxxxxxx).
    Hi I did that and now recieved the following response which kind of shows that they are avoiding mentioning they sent details to EXCEL LTD .
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I would point out to them that none of that is relevant to your complaint, which is that tey passed your PERSONAL data not to the company ... which supplied it to them, but to a different legal entity .... (company number ...) who had no purpose to receive this data. 
    This is a breach of the data proteciton act
    Please explain how this is not a breach, or as we both know it is, how you are planning to rectify this issue. 
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
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    edited 7 May 2020 at 5:39PM
    Just have a look at the Elms Legal entry on the Law Society website. In particular look at the organisations that are entangled here:

    https://solicitors.lawsociety.org.uk/person/67740/edmund-jonathan-garvey-shoreman-lawson 

    More aimed towards regulars who will know the background here. Doesn't directly impact on your case OP. 
    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
  • Sohail12345
    Sohail12345 Posts: 54 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    Just have a look at the Elms Legal entry on the Law Society website. In particular look at the organisations that are entangled here:

    https://solicitors.lawsociety.org.uk/person/67740/edmund-jonathan-garvey-shoreman-lawson 

    More aimed towards regulars who will know the background here. Doesn't directly impact on your case OP. 
    Excel not on that link. 

    Should i inform SRA about the data privacy breach carried out by elms solicitor

    Edmund Jonathan Garvey Shoreman-Lawson

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