CCJ issued after being misled by private parking firm - VCS

Ralph-y

OP ... google speech to text ....

might work / help

Ralph

Rmc2018

@Ralph-y thank you you may have just saved me 3 hours of typing!!

I will be very surprised if I receive a response at all from VCS as everything else sent prior has been ignored and on my call ‘Mark the helpful advisor’ did advise that yes they may see and read my email but they do not have to respond hence why they never did?!?!

nosferatu1001

You simply put in your application that VCS were served your email on x date (date sending if in office hours) and failed to respond. 

Rmc2018

Evening all so today I gathered my proof of being misled, I created a timeline of events from the date of receiving my PCN to the misleading call with Mark which led me to receiving the CCJ (I ended up  translating this into word myself as the sites I tried seem to be struggling with our accents I think?!) however I am just working my way through the 5 pieces of info I need to put together and I am a bit concerned that the defence and the witness statements in the newbies section are all defending the original PCN. I am not doing this as I had not displayed a ticket due to leaving my purse in the pharmacy (hence the no ticket when I returned to collect it) therefore I can not see the judge agreeing to override the original appeal even though I did ask the parking firm to accept that I had to queue up at the pharmacy (serious covid times) in order to retrieve my purse whist leaving the car in the car park with no ticket. do I base my defence on the way my case has been dealt with following the issuing of the PCN?

Redx

Your initial bundle is for a set aside with consent , where the original case isn't relevant , meaning you accept the outcome and payment

Your questions above are related to a contested set aside in order to achieve the expunging of the CCJ

You can only give it your best shot , you won't find a similar case so it's all new territory for everyon

Just follow the tick list by Nosferatu , don't dissect it , just do it , critique is for later , if it's not done there is no critique

So prepare 2 bundles , depending on the response

Rmc2018

@Redx Ok so so 1 bundle explaining the whole issue with VCS since I appealed or just re my call? and the second bundle explaining why I hadn’t paid & displayed and then everything that followed?

Redx

No

One bundle dealing with a set aside with consent where the background isn't rekevant

The second bundle dealing with a contested set aside because the claimant didn't agree to option & bundle 1 above , forcing you to reopen the whole can of worms and bringing their deceit into the fray , never mind what started it all because you are unravelling this case from the end , backwards

A normal case starts with the PCN going forwards , yours is the reverse and very complicated

Rmc2018

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE

Claim No. XXXXX

 

BETWEEN:

VEHICLE CONTROL SERVICES (VCS) LTD

Claimant

– and –

Defendant

XXXX

_________________________________

WITNESS STATEMENT OF XXXX
_________________________________

I, Mrs XXXX of 3 XXXX, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxxx Judgment dated 21/10/2020) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

3. I understand the claimant obtained a default Judgment against me as the defendant on 21/10/2020. However, after being misled by the claimant between June 2020 and November 2020 I deem that the Claimant has acted wholly unreasonably and misled a litigant in person

4. On receipt of every piece of correspondence I have received from the claimant including court documents, I called the claimant asking why such documents were being sent to me when my original appeal had still not been responded to and I was advised to ignore all documents and await such response, however no response was ever received. 

5. This poor advice was repeated up until the point of me receiving court documents on 21/10/2020, I then demanded a constructive response from the claimant asap. It was then that I spoke with a member of staff of the claimant (Exhibit A - call transcript) who explained the situation and that all previous advice given was incorrect however in order to settle the claim he agreed to reduce the fee to £185 and in return he would “hold the matter” “pull the case from the third party involved” and “bring the matter to a close”. This was also reiterated in the follow up letter the claimant emailed over (Exhibit which confirmed that ‘we will accept the balance of £185 as FULL and FINAL settlement of the claim raised”. 

6. it was my understanding following this conversation on 10/11/2020 that the default Judgment had been placed on hold by the claimant, who granted me until November 30th to pay the outstanding claim in result of the case being settled. I paid the full balance on 25/11/2020 as agreed with claimant.

7. I was not aware that the CCJ was active and present on my credit file until 05/01/2021 when a credit check was performed on my name and I was informed of the CCJ.

8. I have only ever received incorrect information from the claimant in regard to the position of my claim and the next steps I was required to take. It is my view that the claimant has therefore behaved unreasonably by not ensuring that I was made aware of the correct status of the claim leading me to believe it was still at the appeal stage and that the documents being served were in error.

9. On becoming aware of the Judgment on 05/12/2020 I have taken timely action. I have been timely to find out the details for which the Judgment relates. This despite being significantly impacted both professionally and personally by the current Covid-19 pandemic. This has included contacting CCBC and the claimant themselves by both phone and email. This has also been particularly challenging given the reluctancy of the claimant to co-operate at any point.   

10. Considering this witness statement and claimant consent I therefore respectfully request that the Court sets aside the judgment in this claim.

Statement of Truth

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

Rmc2018

Not sure why the glasses guy has popped up it should just be Exhibit B?
This is the witness statement I have drafted but again I am not sure if this would be used for the set aside with consent or the consented set aside?
any advice or input would be appreciated as always 

Redx

Edit it to Rmc02 , or similar , usually you use your initials plus a number , exhibit SMT/01 , SMT/02 etc