CCJ issued after being misled by private parking firm - VCS

KeithP

Your Statement of Truth needs replacing with the version introduced in April 2020.

It's all over the forum and Google will find it with April 2020 Statement of Truth.

Rmc2018

corrected, thank you

I feel like this is a week WS, should I tweek?

Redx

Edit the statement overleaf with the changes suggested by myself and KeithP , then learn the P word , patience , until those who know comment on your latest draft etc , it's a team effort , where goalies keep goal and strikers score them

1505grandad

Just checking  -  are the dates different?

"7. I was not aware that the CCJ was active and present on my credit file until 05/01/2021 when a credit check was performed on my name and I was informed of the CCJ."

"9. On becoming aware of the Judgment on 05/12/2020 I have taken timely action. I have been timely to find out the details for which the Judgment relates."

Rmc2018

no I forgot to edit point 9 - will do now thank you @1505grandad

Rmc2018

I have edited the points raised but have also drafted a second option below - 

WITNESS STATEMENT

I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XXXX requesting to:

a. Set aside the default judgment dated 21 November 2020 on the basis that the Claimant has acted wholly unreasonably and misled a litigant in person 

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 20 November 2020. I am aware that the Claimant is Vehicle Control Services, and that the assumed claim is in respect of an unpaid Parking Charge Notices from 26/05/2020. I contest this charge for the reasons outlined in the attached draft defence.

1.3 Between the dates of June 2020 and November 2020 on receipt of every piece of correspondence I have received from the claimant including court documents, I called the claimant asking why such documents were being sent to me when my original appeal had still not been responded to and I was advised to ignore all documents and await such response, however no response was ever received. 

1.4. This poor advice was repeated up until the point of me receiving court documents on 21/10/2020, I then demanded a constructive response from the claimant asap. It was then that I spoke with a member of staff of the claimant (Exhibit RM01) who explained the situation and stated that all previous advice given between June and November was incorrect however in order to settle the claim he agreed to reduce the fee to £185.

 

1.5. in Exchange of me paying the fee of £185 direct to the claimant,  he advised that he would in return “hold the matter” “pull the case from the third party involved” and “bring the matter to a close”. This was also reiterated in the follow up letter the claimant emailed over (Exhibit RM02) which confirmed that ‘we will accept the balance of £185 as FULL and FINAL settlement of the claim raised”. 

 

1.6. it was my understanding following this conversation on 10/11/2020 that the default Judgment had been placed on hold by the claimant. The claimant granted me until November 30th to pay the outstanding claim in result of the case being settled. I paid the full balance on 25/11/2020 as agreed with claimant and believed that the matter and claim was settled as advised. 

1.7. I was not aware that the CCJ was active and present on my credit file until 05/01/2021 when a credit check was performed on my name and I was informed of the CCJ.

1.8. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.8.1. I discovered a CCJ was lodged onto my credit file on the 5th January 2021.

1.8.2. On 5th and 6th of January I contacted both the County Court Business Centre and the claimant to obtain relevant information relating to this default judgement.

1.8.3. I was advised by CCBC that the claimant had not advised the court of any agreement and that as I had not paid the fee by 21/11/2020 a CCJ was placed on my file 

1.8.4 On 10th January 2021 I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.9. I believe the Claimant has behaved unreasonably in pursuing a claim against me whilst providing incorrect information in regard to the position of my claim and the next steps I was required to take. It is my view that the claimant has therefore behaved unreasonably by not ensuring that I was made aware of the correct status of the claim leading me to believe it was still at the appeal stage and that the documents being served were in error.

1.10. I am still yet to receive the response to my original appeal submitted to the claimant on 12/06/2020 which claimant alleges was responded to on 24th June 2020

1.11. Considering this witness statement and claimant consent I therefore respectfully request that the Court sets aside the judgment in this claim.

Statement of Truth

 

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Defendant’s signature:

 

Date:

Rmc2018

DRAFT ORDER
IN THE COUNTY COURT AT

---

VEHICLE CONTROL SERVICES (VCS) LTD (Claimant)
And

---

(Defendant)

District Judge

---

UPON reading the Defendant's application dated XXXX and the annexed witness statement of XXXX dated XXXX

---

IT IS ORDERED that:
1. Upon the Claimant and the Defendant having agreed that the Defendant having already discharged her liability in full and final settlement arising out of this action.

2. The default judgment dated 21st October 2020 be set aside.
3. That all enforcement be put on hold pending the outcome of the application.

is point 3 necessary for me and if not are 2 points sufficient?

Redx

in the first statement , it says WITNESS STATEMENT, yet the statement of truth says DEFENCE , which is it ?     edit accordingly

Rmc2018

updated Statement of Truth to witness statement thank you 

Coupon-mad

up until the point of me receiving court documents on 21/10/2020,

What court documents?  You need to say what document. 

This can't mean the claim form can it, because you said you were told to pay at the end of that month, so you must mean a Judgment in Default?