CCJ issued after being misled by private parking firm - VCS

Rmc2018

DRAFT ORDER
IN THE COUNTY COURT AT NOTTINGHAM BUSINESS CENTRE 

 

BETWEEN 

 

VEHICLE CONTROL SERVICES (VCS) LTD (Claimant)

And

---

(Defendant)

District Judge

---

UPON THE APPLICATION of the Defendant dated 08 January 2021  and the annexed witness statement of xxxx dated 08 January 2021

---

IT IS ORDERED that:

 

1.     The default judgment dated 21st October 2020 be set aside.

2.     All costs to be reimbursed by Claimant.

3.     Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on [date] paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the £185 paid by the defendant under duress and false pretences and the claim shall be struck out.

4.     If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].

5.     Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the £185 paid by the defendant under duress and false pretences plus the Defendant's costs for attending the hearing.

 

 

 

Rmc2018

N244 - pg 1.            

Rmc2018

N244 - pg 2           

Rmc2018

Hi all so I am hoping that I am now in a position to send my claim off, if you could all read the above and get back to me with anything at all that would be most appreciated. 

my next steps? 
- does everything get sent over at once - Draft Order, N244 form, WS, Defence?
- do I need to physically sign the form/WS/Defence?
- were do I sent the forms to and how - can they be emailed?
- how do I make the payment?

so so sorry if this has already been covered but I have read read and re-read the newbies section and all I see is how to submit my defence via email, I was not sure if this applied to the above also?

KeithP

Every paragraph needs a number. There are three unnumbered paragraphs following para 3 in your Defence.

The paragraph numbering in your Witness Statement goes awry after the first instance of paragraph 21 - it reverts to paragraph 15.1 at that point and paragraph numbers to 21 are used a second time.

Rmc2018

Strange, not sure what happened but I will update the numbering thank you @KeithP

Umkomaas

Rmc2018 said:

Strange, not sure what happened but I will update the numbering thank you @KeithP

Sometimes there is a forum glitch when copying and pasting directly from a word processor document. I'd check your original to see whether it is such a glitch, it may not be necessary to alter your original work. 

Jenni_D

For forums it can often be better to paste it first into Notepad to strip out formatting and then copy from Notepad and paste in here.

Coupon-mad

 Aware of this, the defendant ensured her car was parked for only 8 minutes whilst retrieving funds for the carp park, before returning to A Notice to Keeper  Driver  on the Vehicle.

The only other thing I saw was in your defence you need to remove the first few words that starts talking about the PARTICULARS OF CLAIM because you weren't served with a claim for, were you?  Don't delete the whole point, just the bit taking about 'Particulars' of a claim form you've never seen.

1505grandad

".....COUNTY COURT AT NOTTINGHAM BUSINESS CENTRE"

Just checking  -  have not read all the posts but application notice posted above says Northampton