Help with private parking claim

Sam3210

I received a claim form from a county court business centre, informing me of a claim against me for the parking of a vehicle I no longer own.  Between the mail delays and the quarantine we have on everything entering the house I did not open the letter until after the hearing, so when I logged on to moneyclaim.gov.uk I found that I had been found guilty of breach of contract.  Being a little upset by this I quickly submitted an application to have a judgement set aside, without figuring out the the fee for this is significantly higher than the judgement.  As it happened, I was out of the country at the time of the alleged parking event and I have communication from BA demonstrating this.  Also while my "blood was hot" I sent a subject access request to the claimant, based on the GDPR nightmare letter (cannot add links, top hit on google for me, at linkedin).  In response to the SAR I received a PDF of 2 letters addressed to me that I have not seen, and were sent more than 2 months after the alleged parking event, and there is no mention of the "Protection of Freedoms Act".  Very little of the rest of my SAR was provided, in particular details of third parties that have sent or received my PII, and what that PII is.  My application to set aside resulted in the cast being transferred to my local court, and I have received no further information about this.

My questions, thank you in advance for any help:

• The primary concern is that I will have to attend court in person.  I am fairly high risk of COVID-19, and I live with 2 people who are shielding as they are very high risk, so it would be worth many times the fee to not attend a busy courthouse.  Is there a way to ensure I will not have to attend in person?

• Is there any way to get the details of my case from my local court?  I have looked online and found their details, but cannot find a web portal that would allow me to see the details.  I am concerned that I may miss a single letter and be found guilty again without my knowledge.
• Given I have received requested data concerning my SAR I intend to remind the company when 23 days have passed, and contact the ICO about it when 30 days have past.  Is this the best way to handle this?  I mostly want to follow the chain of data to establish where the error of me being associated with the car, though I am pretty sure it will be the DVLA.
• I attach what I submitted to get the original judgement set aside.  Is this likely to be sufficient for a court hearing?  Any suggestions, criticisms, additions very welcome:

3. You are asking the court to make the following order

I applying for an Order to set Judgment aside.

I have only just become aware of this claim against me. I have no contract with [claimant name], or [company name]. Over the period [3 days before event] 2019 to [2 weeks after the event] 2019 I was out of the country, on the date of the alleged parking event ([date of the event] 2019) I was presenting to the [Part of US federal government]. I have evidence of this.

I have had no notification of this claim from the claimant prior to the document from the county court business centre which prompted this submission.

10. Supporting information to be relied on

the evidence set out below

I have available the boarding pass I receive for my flight from [UK airport] to [US airport] on the [3 days before event]. I have the check-in confirmation of my return flight from [US airport] to [UK airport] on the [2 weeks after the event]. I have an official agenda for the [Part of US federal government] meeting, part of the US federal government, with my name as a speaker. I believe this demonstrates I did not enter into a contract in the UK on the [date of the event].

nosferatu1001

Which PPC?
POFA2012 - which does not need to be stated on the NtK - means that even if  you can prove you were not the driver, you can still be liable. End of. 
So, do they meet POFA? You must have the NtK? I presume that is one of the two letters?

Sam3210

nosferatu1001 said:

Which PPC?
POFA2012 - which does not need to be stated on the NtK - means that even if  you can prove you were not the driver, you can still be liable. End of. 
So, do they meet POFA? You must have the NtK? I presume that is one of the two letters?

The company is Vehicle control services.
Searching the PDF they sent there is a document labelled "Notice to Keeper" that is dated 2 days after the event.  I had not noticed this previously.  I have not received this letter, or any of the other letters included in the SAR, and the SAR included no evidence of sending or delivery of this letter.  Is that enough to meet POFA?

nosferatu1001

Surely you know if their NtK meets POFA2012 schedule 4 para 9? Have you looked up POFA2012 yet? 
They do not have to have proof of sendign nor of delivery
Yo uwill notice they talk about assuming the keeper is the driver, so thats a clue about VCS...

nosferatu1001

Did you supply copies of this evidence in your WS? You mention you have it available, but it was supposed to be filed with the N244

Sam3210

I have skimmed the POFA, but now I shall go through those sections in detail.  I did not supply the evidence, I just stated I have it.

Sam3210

I have gone through section 9, and they seem to have covered most bases, but they have neither stated nor offered any evidence that they did either:

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

nosferatu1001

NO VCS NtK is compliant, to my knowledge
Have you checked the 28 days starting the day after?
Did you file a witness statement? 

Coupon-mad

VCS never use the right wording, as regards POFA 9(2)f but you have to be really 'on it' to get a Judge to see that. Have you read several set aside threads to learn from what everyone else is submitting before their hearings (you need a defence and should also file & serve a costs assessment).  Most are telephone hearings during COVID. 

There are 2 or 3 examples of set aside threads linked in the 'CCJ set aside' section in the NEWBIES thread, which I am not going to link because it's one click back (see my signature for where to click - NB: my signature is NOT a link in its own right). 

Then click on the NEWBIES thread up the top of the forum page one, and (PC keyboard Control & f) search it for the phrase 'set aside' or the acronym 'CCJ' and you will see the advice and examples of how to prepare and win this.

Sam3210

I will go through it in detail, but this is the paragraph that seemed to cover POFA 9(2)f:
Please be warned: that if, after the period of 28 days beginning with the day after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid in full and we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, the Keeper, any unpaid balance of the Parking Charge. This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contrary is proved.

KeithP

Sam3210 said:

...this is the paragraph that seemed to cover POFA 9(2)f:

Please be warned: that if, after the period of 28 days beginning with the day after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid in full and we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, the Keeper, any unpaid balance of the Parking Charge.

But 9(2)f says:

 if, after the period of 28 days beginning with the day after that on which the notice is given

Date issued and date given are two entirely different dates.