PLEASE help with CCJ ....

Dale_UK

Hey guys

So I finally got some more information, the ticket was issued by "Vehicle Control Services Ltd":'

The Site Enforcer had reasonable belief that the above vehicle had committed the following contravention:

Contravention: 94) PARKED WITHOUT DISPLAYING A VALID TICKET/PERMIT.
Site / Location: Unit 3 King Edward Industrial Estate
Postal Town / City: Liverpool (L3 7HJ)
Date and time of recorded contravention: 30th May, 2019 at 16:06:00

Charge Status
Current Amount: £185.00

THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, YT06AXD, WAS IDENTIFIED IN THE UNIT 3 KING EDWARD INDUSTRIAL ESTATE ON THE 30/05/2019 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY PARKED WITHOUT DISPLAYING A VALID TICKET/PERMIT. AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THE DEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.


I am going to apply to set aside this CCJ, I have a number of questions:

1) is it worth writing to VCS to if they would agree set aside by consent?  but to be honest, I do not understand the process enough to understand what advantage that may give me

2) the form N244, has a number of questions, I am unsure what to put and how much detail to go into:

What order are you asking the court to make and why?

Who should be served with this application?
 - Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.

What information will you be relying on, in support of your application?

the attached witness statement
the statement of case
the evidence set out in the box below


Any advice is much appreciated!
Cheers
Dale
​​​​​​​

Jenni_D

What's that on the windscreen/dash under the wiper? That wouldn't happen to be the permit would it? Or was it a windscreen PCN?

Dale_UK

Jenni_D said:

What's that on the windscreen/dash under the wiper? That wouldn't happen to be the permit would it? Or was it a windscreen PCN?

It is the fine that they placed under the wiper

Dale_UK

This is what I am going to write on my N244 form:

"The alleged date of the breach of contract is 30/05/2019. I moved my residency from the UK to Cyprus for work on 28/06/2019. I had mail redirection for Royal Mail setup for 3 months ending on 28/09/2019. The claim notice was sent by the court on 31/10/2019, and thus I had not received this."

Le_Kirk

If you are unsure what to write on the N244 form or in the Witness Statement, then check the NEWBIE sticky where you will find some help or search the forum for "set-aside" or "six-point draft order" and also read some posts by @henrik777, the accepted forum expert on set-asides.

Coupon-mad

Dale_UK said:

Jenni_D said:

What's that on the windscreen/dash under the wiper? That wouldn't happen to be the permit would it? Or was it a windscreen PCN?

It is the fine that they placed under the wiper

It's not.

A red one was a 'THIS IS NOT A PARKING CHARGE NOTICE' hybrid document.  As seen in shedloads of other VCS threads from years ago and it is a form of 'soft ticketing' banned by the DVLA now.  It also means they got the DVLA data too early.  Fully covered on umpteen VCS and Excel claim threads including this one recently:

https://forums.moneysavingexpert.com/discussion/6209960/excel-parking/p1

Read to the end.

D_P_Dance

Read this and complain to your MP.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

TM did nothing.