CCJ issued after being misled by private parking firm - VCS

Ralph-y

"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" 

so you have been scammed ........

you are not dealing with John Lewis customer service ......

they will twist and turn  every chance they get ........

will whey bother now ? why should they they have your £££ ....

Await forum advice as to if you have a case for a set aside ....

I feel for people like your good self ....

Ralph

Rmc2018

@Ralph-y @Redx
thank you both, I have just had a quick read but I am not sure if this applies to me as Ferrybirds case related to incorrect address?
also would you not go down the route of contacting VCS and asking them to agree to consent the set aside first? 

Le_Kirk

Rmc2018 said:

@Ralph-y @Redx
thank you both, I have just had a quick read but I am not sure if this applies to me as Ferrybirds case related to incorrect address?
also would you not go down the route of contacting VCS and asking them to agree to consent the set aside first? 

Yes but you do this by e-mail and then we have a paper trail, which judges like!  There still seems to be some confusion over whether or not you actually received the N1 claim form from CCBC.  Your case is much stronger if you didn't, much weaker if you did but then ignored it.

Rmc2018

@Le_Kirk i can not recall receiving any other forms from the courts except the one mentioned above that came with the bailiff letter which shook me to the core and sent me into a panic calling VCS once again demanding the manager call back which I eventually received. Should I have received another letter? 

What is my best next step? And how can this be resolved in the most amicable and quickest way? This has consumed my life since I found out Tuesday and I can not sleep with the worry of keeping the CCJ and missing out on re-employment 

Le_Kirk

Rmc2018 said:

@Le_Kirk i can not recall receiving any other forms from the courts except the one mentioned above that came with the bailiff letter which shook me to the core and sent me into a panic calling VCS once again demanding the manager call back which I eventually received. Should I have received another letter? 

What is my best next step? And how can this be resolved in the most amicable and quickest way? This has consumed my life since I found out Tuesday and I can not sleep with the worry of keeping the CCJ and missing out on re-employment 

You should have received the original PCN, maybe some debt collector letters, a letter before/of claim and finally the N1 claim form from CCBC at Northampton.  If you did not get the N1 form, how did the case get to court and the CCJ be awarded by a judge?  Is your V5C up-to-date and has it been so throughout the case?  Did/does VCS have your correct address for service?  Not being able to recall receiving other forms/letters is not the same as not receiving them.  There could be an issue with your postal service locally but it always seems to be important documents that we read about on the forum that go missing.  Have you tried calling the CCBC and asking for a copy of the original claim form; you should be able to give them a claim number from paperwork you already have.  You now need to read up on set-asides (plenty of advice about how to do it in the NEWBIE sticky) and also read some posts by @henrik777, he is prolific and proficient about set-asides

Rmc2018

@Le_Kirk apologies if this is the case then yes I received the N1 form along with the letter debt collection letter which is what triggered me to ring VCS again as all previous letters were directly from them which are which I had been told to ignore due to back log etc. I have not received any further correspondence since then which is why I thought my payment had finalised the claim? 

@henrik777 so you have any advise 
I was hoping to ask VCS to agree to the set aside on the basis that I was ill advised on all my original calls chasing my appeal and then further misled by the letter issued above into believing that the CCJ and court involvement would be prevented if I paid £185 by 30/11/2020 as this was a reduced amount than the one on the court letter 

Le_Kirk

Are you saying that you did nothing after receiving the claim form, did not acknowledge service, did not submit a defence?

Rmc2018

@Le_Kirk no nothing, I just called VCS to ask why we were now at this point through no fault of my own and that is why they then agreed to settle at £185, I did not realise I also had to go back to the courts if I had settled with the claimant 

Le_Kirk

Rmc2018 said:

@Le_Kirk no nothing, I just called VCS to ask why we were now at this point through no fault of my own and that is why they then agreed to settle at £185, I did not realise I also had to go back to the courts if I had settled with the claimant 

That, then is why you received a CCJ.  When you receive a claim form from CCBC you have to defend it but we are where we are and it is your job now to request an agreement from VCS (by e-mail) to a set-aside by consent.  Then you need to read the NEWBIE section about set-asides and read the posts by @henrik777 as previously advised.  You will also need a N244 form (can be downloaded) and you will see from reading the sticky that you will have to write a witness statement and a draft order.  Be very careful what you write in your witness statement, judges do not like credit cleansing.

Rmc2018

Thank you @Le_Kirk I will read newbie section now however I am very confused by all the information. 

I have drafted an email to VCS which asks -

 Although I am aware that you have not made an error and that the CCJ could have been avoided if I had paid the fine 5 days earlier, I am asking that you assist me in requesting that the court set aside the CCJ based on the misunderstanding from the phone call and letter issued and that I did actually pay the fine within the time frame given however the time frame given did not co-inside with the CCJ time frame which I was unaware of. 

 

In order to prevent me remaining in unemployment resulting in financial hardship for me and my family including my 2 year old son during the current crisis and in order for the CCJ which I was unaware of to be removed and the proposed job then being offered after being unemployed following redundancy, I am asking that VCS consents to setting aside the CCJ and I will pay the required fees. 

Any thoughts?