Vehicle Control Services challenging N244 on basis of 'Promptness of Application'

nosferatu1001

Have you filed the defence WITH EVIDENCE IE WITNESS STATE,ENT as the order requires?
if not do it now and explain you only received the order on ..... so you have filed and served as soon as possible. 

Warrant of control. 

bargepole

FenderJay said:

UPDATE: 
The court sent me a Certificate of Satisfaction or Cancellation of Judgment Debt.
It states:
"IT IS ORDERED THAT
1. The judgment against Mr X dated Y be and is hereby set aside
2. The Defendant shall file at Court and serve on the Claimant a fully particularised defence supported by evidence by 4pm on 9 September 2020
3. The Claimant shall pay the Defendant's costs of the application in the sum of £255 by 9 September 2020.
Date Order Made: 19 August 2020"

I didn't receive this until after 16 September, so the court imposed deadline had already passed. I chased the court by phone a few times early September and they had a long backlog they stated. There's no further detail on what I was asked to file and my understanding was that this was only required in the instance the VCS challenged the order. Did I need to file something in particular?

I've emailed VCS 3 times now to discuss the repayment of the £255 and the only thing I've gotten back is "We've forward this to the relevant department who will be in touch" - 12 days later and I've heard nothing from them. I've given them a deadline of 5pm today to give me a payment update - if not I was going to open a Moneyclaim.

Good news is that the CCJ has been removed from my credit record and my credit has recovered. I can now get back to remortgaging my house.

Why on earth would you file a Moneyclaim, the purpose of which is to get a Judgment, when you already have a Judgment, as per para. 3 above?

You need to enforce the Judgment, by means of a Warrant of Control. That costs £77 through the County Court, which is added to the debt.

FenderJay

nosferatu1001 said:

Have you filed the defence WITH EVIDENCE IE WITNESS STATE,ENT as the order requires?
if not do it now and explain you only received the order on ..... so you have filed and served as soon as possible. 

Warrant of control. 

@nosferatu1001 How do I file a defence? There's no further information in the court documents I received and the online Gov.uk guidance isn't that clear - I've found the N1 Claim Form, is this the right one?

I've got the postmarked envelop from the court which has 16/09/2020 stamped on it. I'll include a photograph as evidence it arrived late.

Le_Kirk

FenderJay said:

nosferatu1001 said:

Have you filed the defence WITH EVIDENCE IE WITNESS STATE,ENT as the order requires?
if not do it now and explain you only received the order on ..... so you have filed and served as soon as possible. 

Warrant of control. 

@nosferatu1001 How do I file a defence? There's no further information in the court documents I received and the online Gov.uk guidance isn't that clear - I've found the N1 Claim Form, is this the right one?
I've got the postmarked envelop from the court which has 16/09/2020 stamped on it. I'll include a photograph as evidence it arrived late.

You construct a defence (perhaps with the help of this forum) and file it, i.e. send it to the court (there will be an address of maybe e-mail address on your papers) and serve it, i.e. send a copy to the claimant by e-mail (if they permit it or have previously sent anything to you by e-mail) or if not to the postal address on the original claim form (N1). 

nosferatu1001

Youve waited nearly two weeks to ask this! Why didnt you think "huh, this ORDERED me to do something ages agol, i shoudl get on that..." - it being late doesnt mean you dont have a duty to then still do something. courts dont operate on a "hah, gotcha" regime. 
You send directly to the court and to the claimant the defence - basically written for you - and then you write a witness statement about the events of the actual parkign charge, NOT the set aside, and attach evidence that supprots your defence and WS.
Youre not filling out a form. 

FenderJay

nosferatu1001 said:

Youve waited nearly two weeks to ask this! Why didnt you think "huh, this ORDERED me to do something ages agol, i shoudl get on that..." - it being late doesnt mean you dont have a duty to then still do something. courts dont operate on a "hah, gotcha" regime. 

One part communication issues - the phone conference for the remote hearing was very poor quality and I struggled to hear the summary from the judge. The judge seemed really annoyed to be reviewing this case, it seemed quite clear that she felt this was a waste of her time (I get that!) I asked for the next steps but the only part I clearly made out was something along the lines of 'no further action needed unless VCS challenge this ruling' - I figured all would be clear when I received the physical court judgment. When I did receive the documents we'd just had some really bad news in our family with Covid and I just didn't take in the information on the page properly.

I've submitted the defence to the court with a photograph of the court stamped and post-dated envelope. I don't know how much this will help, the original deadline gave me 21 days from judgment - I've submitted 12 days from receiving the court document. 

I've served VCS by email and I'll put a copy in the post just to be safe.

I'll drop an update when I hear anything back

Coupon-mad

@FenderJay please do this if you want to avoid this happening in the future and change parking charges from the current extortion model.

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES!  

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out.  

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents). 

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1. You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

2. Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

3. Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4. Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page.  

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

5. Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS.  

6. You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

FenderJay

Thought I'd post a quick update. 
The Court system seems to have ground to a halt - I submitted my defence claim 6 weeks ago, the court has received it but it hasn't been processed to the case. Spoken to the court twice now and they're saying everything is taking longer and there's no timeline for when they expect to work through the backlog. Told me to wait until I hear back from them. 

BrownTrout

why you even bothering to chase them

FenderJay

BrownTrout said:

why you even bothering to chase them

The judgement ruled the claimant to pay my set aside costs. I'd rather have that £255 than not.