CCJ issued after being misled by private parking firm - VCS

Le_Kirk

That's the sort of thing but I would remove the emotion, keep it business like (not belittling your situation but i will cut no ice with VCS).
I am aware that there is a wealth of information in the NEWBIE sticky, you only have to read the part in the second post abut set-asides.  It is not a quick read over a cuppa, more a slow, twice or more with a cuppa and a plate of biscuits.  Also you could search the forum for help; others have been in your situation.  Just search for "set-aside with consent"

Rmc2018

Ok so remove the second paragraph? I was hoping I might get an agent who would show some understanding and empathy towards the way in which VCS has treated me??
Also would you send the email asking first or just go straight ahead and email along with the N244 form (completed by me first or not?) 
thank you for your advice @Le_Kirk I will give the newbies thread a thorough read this evening when I don’t have a 2 year old bashing my laptop screen!!

Le_Kirk

Rmc2018 said:

Ok so remove the second paragraph? I was hoping I might get an agent who would show some understanding and empathy towards the way in which VCS has treated me??
Also would you send the email asking first or just go straight ahead and email along with the N244 form (completed by me first or not?) 
thank you for your advice @Le_Kirk I will give the newbies thread a thorough read this evening when I don’t have a 2 year old bashing my laptop screen!!

Two words they have had surgically removed from their brain cells.  All they want is your money and now they have it, you will have to tread carefully to get them to accede to your request.  By all means refer to the difficulty of getting a job with a CCJ on your record but keep it dispassionate.  It will be nice to see some of their words thrown back in their faces as they often threaten people using the very same "it will be difficult to obtain a job".

Rmc2018

@Le_Kirk Ok I will correct that. Could you send me the path to the newbies folder, I have just read 20 different posts but they all seem a lot more black and white than mine (wrong address etc) 
I honestly do not know we’re to start, do I include in the n244 that I have never received the response from VCS in regards to my original appeal even though I chased and chased? Or do I just focus on the the misunderstanding of the letter and conversation held with VCS?

Coupon-mad

Rmc2018 said:

Thank you, I have researched the set aside process and have drafted an email to VCS asking for them to agree to the consent as I feel I have been misinformed by them throughout the whole ordeal.

Good.  To think you actually thought you were 'lucky enough' to get the same scam 'adviser' on the phone. 

You should never have paid £185 and obviously that does not set aside a CCJ, it merely leaves it there like a festering scar.

Could you send me the path to the newbies folder, 

NO.  My signature tells you where it is and you have the breadcrumb trail at the top of every page to get there.

Le_Kirk

As @Coupon-mad states, it is there to be found in one of the first five announcements at the top of the first page of the forum (unless you are using a mobile to try to navigate the forum).  when it opens it will be the last page of the thread and you will need to scroll back to the second post, the one that starts SMALL CLAIM?

Rmc2018

@Le_Kirk thank you I am using a mobile right now but will use the laptop this evening 

Rmc2018

@Le_Kirk  @Coupon-mad  @henrik777
hi I am now on my laptop and I have read the newbies page but again I don't feel like any of these examples reflect my situation as most are either incorrect address or issued incorrectly whereas my defence is that VCS misled me and held back info in order for the claim to be escalated to the highest level both in terms of monetary value and level of seriousness. I don't know how to approach them for consent or how to fill in the N244 form in terms of, do I provide a draft order to them? and do I tick that I am relying on the information as the statement of case or the evidence set out in the box below? sorry to be so such a pain, if you are aware of anywhere I can access this info please let me know however please know I have looked first, I feel so stupid and uneducated right now
 

Rmc2018

this is what I have drafted so far to send to VCS to agree to along with the following cover email - 

Thank you for the attached and the prompt response. After listening back to the call, I now recognise that on 10/11/2020 during my call with mark, the information provided on the call and follow up letter was misinterpreted.  

When Mark made me the offer to pay the £185 and in return he would pull the case from Elms Legal and “bring the matter to a close” I presumed during my upset and lack of knowledge of the court process that bringing the matter to a close would include the removal of the CCJ or any court involvement, however I am now aware that this is not the case and as the payment was made after 21/11/2020 but before 30/11/2020 I now have a CCJ on my record. 

The CCJ was brought to my attention by a potential employer who has offered me employment (subject to sufficient credit checks) as the role is in a Financial Institution. Following the discovery of the CCJ, I called and emailed your company straight away as I presumed there had been an error on your behalf however I am now aware that this is not the case. 

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. 

I would appreciate if you could please respond within 7 days in order for this to progress. 

I do hope you can help me resolve this awful matter 

Regards 

(Attachment removed by Forum Team)

nosferatu1001

Did you ever get the claim form?
if you did, then you can't use failed servcie

The rest of the set aside CAN be used by you. Do so. For example the draft order you want the court to kake

if you don't use the rest, draft it for us to critique. This is YOUR set aside. Not ours. You need to know it