CCJ issued after being misled by private parking firm - VCS

Jenni_D

Sorry - I forgot this was a set-aside, so slightly different process.

Rmc2018

Evening all, I have been cc’d in to the below email today which VCS have sent to the CC and I am a bit confused as to what they are suggesting, any assistance would be appreciating in helping me understand - 

Dear Sir/Madam

We are in receipt of the Notice of Hearing of Application in relation to the Defendant's Application and we wish to point out that we do not have a legal representative on record. Furthermore, we note that the Defendant is also a Litigant in Person and therefore also unrepresented.

Whilst we may book an advocate for the hearing, this is only for the purposes of providing advocacy services and is not considered to be acting on our behalf pursuant to CPR PD 42.1.3. We therefore maintain that we do not have legal representatives on record.

Further, having reviewed the service providers we note that the cheapest fee for arranging the telephone conference if £48 plus VAT. We are not prepared to be borne by this costs for several reasons;

1. This is the Defendant's Application and therefore they should be borne by the costs (however they have already paid a fee of £255.00 or have received help with the Application fee)

2. It is unlikely the costs incurred will be recoverable

3. It is not proportionate to the value of the claim to incur a fee of £48.00 plus VAT as coupled with an advocate would far exceed the value of our Judgment.

We would suggest that the Courts adopt what 95% of the other courts are doing and arranging a telephone conference dispensing with the legal service providers. In light of the current pandemic, it is not feasible for either parties to incur additional costs through no fault their own. Failing that, then we would suggest that the matter be listed to the next available date.

Alternatively we wish for the Hearing to be determined based on paper evidence in our absence as per CPR 27.9.

We must stress that we are not being difficult but simply incurring fees upon the grounds above is simply not proportionate. We have been a strong advocate of supporting the Courts during this crisis by way of assisting them in managing their current cases by either hearing the matter on the papers alone or remote hearings subject to dispensing with the legal service providers. However, this Court (and Brighton) have taken a stance which financially impacts us.

We confirm the Defendant has been cc'd into this email.

We look forward to hearing from you.

Regards,

Kamran            Kamran Afzal         Paralegal         VEHICLE CONTROL SERVICES LTD

henrik777

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42/pd_part42

1.3  A solicitor appointed to represent a party only as an advocate at a hearing will not be considered to be acting for that party within the meaning of Part 42.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42

In the grand scheme of things, it's waffle,  topped off with we're too tight to pay.

Johnersh

OK, so the applicant in a court hearing is commonly responsible for organising and paying the costs of a hearing fee.  Except you have no lawyer, so the court then normally reverses the onus on the represented party.

VCS are pleading poverty and saying that they have no lawyer, so the presumption should not apply.

It seems to me that this is a "big ask" when the author of the letter describes himself as a paralegal who is within the broad church of those who might be regarded as lawyers. Further, VCS have an in house legal team and registered in-house solicitor. Whilst they have not retained external representation, they are able to call on professionally qualified staff and are, in that sense not strictly a litigant in person. 

It may be worth pointing that out to the court. You can also state that whilst you cannot of course require the claimant ppc to attend, you wish to make oral representation to the court (if that is your plan). 

Rmc2018

How does this affect the hearing? Is it good or bad?

I am not too sure what would be best, do I leave it with the court, do I push for the call hearing or do I push for the paper hearing? 

Also what does the following mean - 

Failing that, then we would suggest that the matter be listed to the next available date.

Johnersh

Of course there is a third way if the court/ HMCTS laptop can run it, which is to do the hearing by Microsoft Teams. That would be for free. 

But I accept the resources in the county court aren't the same. 

Coupon-mad

You DO NOT WANT a paper hearing, flipping heck isn't this your set aside hearing?   You MUST be heard.

If you paid £255 then that application already pays for the hearing.

Rmc2018

thanks @Coupon-mad yes it’s to set aside a CCJ I was given even though I paid VCS direct. I just wasn’t sure if my witness statement along with there reluctance to attend the call hearing would be enough for the set aside to be granted?
so do I leave this in the hands of the courts or do I send an email on the back of VCS’ email? 

Coupon-mad

Leave that decision to the court, it's no skin off your nose! No need to respond unless the court sends a daft Order talking about the case being heard without a hearing, all of a sudden.  You would be given 7 days to object and it probably won't happen.

No agreeing to a hearing on the papers, you must be heard because set asides are something that some Judges are utterly useless at considering fairly unless the D appears and guides them through the CPR rules and points out why your set aside must or should be granted.

Is this at a Sussex court, just interested because it mentions Brighton.

Rmc2018

@Coupon-mad Ok so do nothing and if I hear nothing just dial in when I am meant to in may?? 

No this is Liverpool county court, what does that part mean - However, this Court (and Brighton) have taken a stance which financially impacts us.