CCJ issued after being misled by private parking firm - VCS

Rmc2018

@Redx thank you, are you referring to Money Claim Online website? Sorry I googled and that is what came up

Redx

Rmc2018 said:

@Redx thank you, are you referring to Money Claim Online website? Sorry I googled and that is what came up

correct, that is how the vast majority of people and companies start a small claim, plus gives all the government guidance, which you would expect on any government website !! glad to see that google is working

it also tells you this in the fifth post by coupon mad in the NEWBIES FAQ thread (announcement)

nosferatu1001

With consent is £100, without is £255

A failure to sort this is a credit wrecking ccj for 6 years 

Rmc2018

Honestly I am so grateful for everyone’s help but please believe me when I say I am also extremely overwhelmed, firstly finding out I have the ccj then loosing my new dream job on the back of it, then trying to fix this whilst looking after a very young child. I am reading everything you are all telling me and reading the newbies post but I am not sure everything is registering. 

So shall I not contact VCS and instead go through Money Claim Online website and pay £255 instead? 

Redx

you need to be sure of which route you are taking , its one or the other

the £255 is a contested one where you try to get the claim back into the ring, with a set aside followed by you defending it , difficult to achieve unless you have good grounds to do so, so think about what you are asking a judge to do here , even if they agree you have to defend the original claim, AS WELL

the with consent route is usually you paying the £100 and getting VCS to agree to it , meaning not defending the original claim and paying everything yourself , so much simpler if all parties agree

until you know which route is best for you, how can anyone else know ?

yes you are trying to absorb too much , too quickly , it wont be fixed this week or next, or this month , so you can use this week to decide on the options , depending if VCS will agree to the set aside with consent , OR NOT

Rmc2018

Thank you so much for breaking this down @Redx if I ask VCS to consent and they disagree can I not then go down the consented route? 

Does it matter that I have already settled the claim as what would I be defending? That I never received a response to my original appeal? 

nosferatu1001

No, because you don't have their consent. That's what consent means here. 

No,it makes no difference. You aren't DEFENDINGNTHE CLAIM. You are explaining why the judgment should be set aside. 

Redx

this is the conundrum I have been thinking about all day when I saw your posts

this isnt a legal advice forum , its a parking forum , yet your dilemma would test a qualified solicitor, which is where Martin Lewis would tell you to go

some background information for you, that you seem unaware of

we are not allowed to give you legal advice, its in the announcements and the rules, a lawyer is where you go for that , or legal beagles as my signature tells you

we can give you facts, which we are doing , we can give laymans opinions, with no guarantee of accuracy or success

I did tell you that I have never seen one like yours

I fail to see how you can go for a contested set aside when you have agreed to pay the claimant as you have said earlier

but I do know that a with consent set aside for £100 should expunge the CCJ from your record and fix your employment issues and credit issues, hence why I mentioned it

if you want proper qualified legal advice, see a solicitor that specialises in civil CCJ,s, not unqualified volunteers on a public consumer advice forum that assist with parking PCN,s

if you want facts and private opinions, this site can assist, we can only do our best, as unqualified volunteers

Rmc2018

@Redx I understand thank you 

Coupon-mad

There is another case on the forum where someone has (stupidly...) burnt their boats and already agreed to pay VCS £185 and has said that they are not defending the case (even more daft) and is now getting a set aside by consent.  Can't recall who it is but look at other VCS CCJ threads from January.  That means going back page by page on the forum, glancing at thread titles and clicking on VCS ones.

You should be able to get a set aside with consent by stating that Mark misled you.  God I hate the parking industry's utter scammery.

BTW your draft email is too weak, why are you saying the vague 'it was misinterpreted' and 'I presumed that'...?  Why are you accepting blame - he misled you, didn't he?    That is what happened.  It's not about you presuming something wrongly, he knew what he was doing.  They do this to people all the time.  This is Simon Renshaw-Smith's ex-clampers, now clamping people's credit ratings instead of their cars.

I bet they are so proud.   You realise this 'Mark' could have been Captain Clampit's son of the same name, who works for the ''business''?  Something that I learnt simply by Googling a bit, anyone can do that.  The firm is rotten to the core.