CCJ issued after being misled by private parking firm - VCS

D_P_Dance

BT Meet me, zoom, scype, teams, how on earth is a fellow to keep up.  

Le_Kirk

D_P_Dance said:

BT Meet me, zoom, skype, teams, how on earth is a fellow to keep up.  

Well, you know all the names so that is a start!

Umkomaas

Le_Kirk said:

D_P_Dance said:

BT Meet me, zoom, skype, teams, how on earth is a fellow to keep up.  

Well, you know all the names so that is a start!

He just needs to press the right buttons!

Rmc2018

Afternoon All, so today I received VCS court pack, within it they state that it is my fault that the claim was paid outside of the 30 days, that it is my fault that I never responded to the court letter or seeked legal advice as they never received a returned post notification to the court letter I never received and that the costs should not be placed on them 

however the last paragraph states that ‘the claimant consents to the defendants application to have the judgement set aside’ and that ‘Costs of attendance be awarded to the claimant’

- does this mean the CCJ will be set aside or is this still up to the judge to decide 
- does this mean I need to pay VCS more money for ‘attendance’
- or is this just there defence and I still need to fight my corner and the CCJ could still stand even though they consent?

sorry I am worrying again as their defence is very professional compared to my submission 

Coupon-mad

- does this mean I need to pay VCS more money for ‘attendance’

Yes, they are asking for a few hundred to cover someone from Elms Legal talking legalese.   Obviously you will argue against that, due to their conduct and failure to serve the claim to an address they could and should have checked, knowing that they were getting no replies (OR WAS THIS THE ONE WHERE VCS MISLED YOU ABOUT THE CCJ?).

- does this mean the CCJ will be set aside or is this still up to the judge to decide 

Up to the Judge.  You paid for a hearing, did you not?   YOU DO NOT WANT THESE TERMS.  YOU WANT YOUR COSTS FROM VCS AND THE CCJ SET ASIDE.

Therefore you press on with your prep for that hearing and you tell the Judge that the terms of their proposed consent are wholly unacceptable to a victim of this very common 'CCJ to the wrong address' regime operated by parking firms and attempted to be stopped by the Government.

SayNoToPCN

Sounds like they have included a draft consent order, which is obviously heavily favourable to them, and they are hoping you are silly enoiugh to accept it

Rmc2018

@Coupon-mad hi this was VCS claiming that I could pay the fine over the 30 day CCJ allowance, what further prep do I need, do I study my defence, I feel totally out of my depth, at this point I feel silly enough to accept the proposal if the ccj is set aside @SayNoToPCN

SayNoToPCN

No, you are NOT out of your depth!
You are just new to it. Same as everyone who comes here with a CCJ, and gets it set aside

What you do is make sure you know your reasons for getting set aside granted for THIS set aside. Dont get things muddle d up, that will not help you. Make bullet points if that will help. Flash cards. Just a bit of prep. 

Even if you accept their consent, which means you will pay HUNDREDS to them, the set aside is not g'teed. That is because it is the COURTS decision, not yours, not the claimants. 

Coupon-mad

You are doing great and there is NO REASON to wobble now.

Did you know that VCS reps at hearings, pretend that they never received the WS & evidence and/or defence?   Be ready for their games and make sure that you can prove you emailed them and when.  Always best to email VCS at the same time (same email) as to the court, because if the court got it then there's your proof of sending!

Rmc2018

Afternoon all, so my hearing is a week today, I am so nervous, but I feel like I have a good defence.

I have studied the pack I received and feel I can counter each of the points raised except for the law/court case references. will I need to make reference to these, or will it be based on my events only?

Also how long do the calls go on for and what is the arrangement of them, do we all talk at set times or is it more of a conversation or more of a telephone battle, and will VCS be represented by the person who has submitted the defence or someone else?

Many thanks