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CCJ issued after being misled by private parking firm - VCS

Rmc2018
Posts: 92 Forumite

So the long version is I received a parking ticket in May which I disputed through VCS appeals portal, I never heard anything back but continued to chase via the call centre as I was receiving further letters from VCS and the fine was increasing with each letter.
When I called I was told to ignore these letters, that my appeal had been received and I would hear back in time however due to covid there was a delay and people were not in the office.
Then in late October I received a court letter and a bailiff letter, in shock I called the company again and was lucky enough to speak with the same advisor from previous who recognised my chasers and requested a manager call back. I then received a call back from a manager in mid November (I had called many times in between these dates chasing the call back) who advised that my original appeal had been declined and that I should have received an email. I explained that no such email had been received however he advised as there had been no bounce back I must have received it and if not that is not VCS issue. I asked why this had not been communicated to me during any of my chaser calls or emails (which had all been ignored) and why I had been advised to ignore the further letters received and he said they are not obliged to respond or confirm further once the decline email has been sent?? He advised on the call that my case was now with a 3rd party and a ccj in place. After a lengthy and emotional call he agreed to pull the case from the 3rd party (elms legal) reduce the fine to £185 and in his words “bring the matter to a close” which I presumed included the CCJ being set aside. He then emailed me a letter confirming this which gave me till the end of November to pay via bank transfer which I did and I presumed that was the end of the horrendous episode.
However it had been brought to my attention this week by a potential employer that a ccj has been placed on my record, I thought this was an error on VCS part and called to ask that this be corrected however the man I spoke to advised that the manager I originally spoke with who agreed to “bring the matter to a close” was refering to the fine and not the ccj, I expressed my shock and upset and the fact I felt misled but the man was uninterested. As I was given till the end of the month to pay the fine by VCS, I was then 5 days over the date the ccj was issued therefore it has not been removed.
I am beyond shocked upset and confused as I am not aware of the court process etc, I called VCS on the back of the court letter I received and demanded a manager call back in order to resolve the issue once and for all however I feel like I was misled.
The only way I feel I can have this set aside is by contacting cvs again, asking them to agree the fine was paid 5 days after the ccj month date due to a misunderstanding however it was paid within the time frame given by cvs, I will also honour the set aside fee
CCJ DATE 21/10/20
CVS MANAGER CONTACT DATE - 10/11/20
CVS AGREED PAYMENT DATE - by 30/11/20
PAID 26/11/20
Any thoughts as I really really need this removing from my record ASAP
So so sorry it is so long winded
i hope someone can help me
When I called I was told to ignore these letters, that my appeal had been received and I would hear back in time however due to covid there was a delay and people were not in the office.
Then in late October I received a court letter and a bailiff letter, in shock I called the company again and was lucky enough to speak with the same advisor from previous who recognised my chasers and requested a manager call back. I then received a call back from a manager in mid November (I had called many times in between these dates chasing the call back) who advised that my original appeal had been declined and that I should have received an email. I explained that no such email had been received however he advised as there had been no bounce back I must have received it and if not that is not VCS issue. I asked why this had not been communicated to me during any of my chaser calls or emails (which had all been ignored) and why I had been advised to ignore the further letters received and he said they are not obliged to respond or confirm further once the decline email has been sent?? He advised on the call that my case was now with a 3rd party and a ccj in place. After a lengthy and emotional call he agreed to pull the case from the 3rd party (elms legal) reduce the fine to £185 and in his words “bring the matter to a close” which I presumed included the CCJ being set aside. He then emailed me a letter confirming this which gave me till the end of November to pay via bank transfer which I did and I presumed that was the end of the horrendous episode.
However it had been brought to my attention this week by a potential employer that a ccj has been placed on my record, I thought this was an error on VCS part and called to ask that this be corrected however the man I spoke to advised that the manager I originally spoke with who agreed to “bring the matter to a close” was refering to the fine and not the ccj, I expressed my shock and upset and the fact I felt misled but the man was uninterested. As I was given till the end of the month to pay the fine by VCS, I was then 5 days over the date the ccj was issued therefore it has not been removed.
I am beyond shocked upset and confused as I am not aware of the court process etc, I called VCS on the back of the court letter I received and demanded a manager call back in order to resolve the issue once and for all however I feel like I was misled.
The only way I feel I can have this set aside is by contacting cvs again, asking them to agree the fine was paid 5 days after the ccj month date due to a misunderstanding however it was paid within the time frame given by cvs, I will also honour the set aside fee
CCJ DATE 21/10/20
CVS MANAGER CONTACT DATE - 10/11/20
CVS AGREED PAYMENT DATE - by 30/11/20
PAID 26/11/20
Any thoughts as I really really need this removing from my record ASAP
So so sorry it is so long winded
i hope someone can help me
0
Comments
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Then in late October I received a court letterDo you mean a N1 County Court Claim form from the Northampton CCBC?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 Street2 -
I am not sure what form it was sorry but it was a letter from the courts and then a separate letter came with it advising that bailiffs had also been instructed0
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Rmc2018 said:I am not sure what form it was sorry but it was a letter from the courts and then a separate letter came with it advising that bailiffs had also been instructedPlease 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 Street0 -
You need to research the set aside process
Ideally you want a set aside by consent , that you pay for , no contesting it
If you ignored a court claim pack from the CCBC in Northampton , you will struggle to obtain a contested set aside , which costs more with no guarantee of success
The CCJ will remain on your record for 6 years if you don't get it done , it will not be a quick process either , VCS have had their money so have no reason to make it easy , only a court can expunge the CCJ2 -
Thank you, I have researched the set aside process and have drafted an email to VCS asking for them to agree to the consent as I feel I have been misinformed by them throughout the whole ordeal.I called VCS on the back of receiving the court papers, that was when they agreed a lesser amount and closure of the matter?0
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stop calling ....... how do you prove all this ...... they can say you are making it all upafter all they are .... MP's words ... scammersletters / emails only .we could do with seeing the letters / forms that you have mentioned.Ralph3
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I have requested the call recording which I now have and although the guy I spoke with does mention the CCJ earlier in the call and then refers to me paying the agreed amount by 30/11 as “bringing the matter to a close” he does not state that the date he gave me does not coincide with the CCJ date. I will attach the follow up letter he then sent thank you @Ralph-y0
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Read this Ferrybird CCJ set aside and court claim to get an idea of their incompetence !!
https://forums.moneysavingexpert.com/discussion/6189659/vcs-ccj-successfully-set-aside-leeds-crown-street/p1
You will also find excellent CCJ information in that thread too3 -
and the court docs ...Ralph1
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