VCS- IPC rules and subsequent CCJ

sarahmm85

So quick update...... not received anything! Judge stated that VCS should issue their documents within 14 days. Cut off will be this coming Monday. Has anyone been in this situation? I don't want to chase them particularly but also don't want to be in the wrong as there is no official record of the set aside hearing yet as I haven't received the Order from the court either. Judge stated they were to contact me but I don't have that in writing.

sarahmm85

Do I have to pay to appeal this? I’ve had the standard letter through stating I need to ‘apply to the courts’ if I’m contesting the charge but unsurprisingly, there isn’t anymore helpful information about how to go about that…
I’ve looked at all the witness statement exemplars etc but how do I actually get the ball rolling on this? 

Le_Kirk

Following a successful set-aside it is normal to have to submit a defence and the judge stated that the claimant has to supply a new POC so you know what you are defending.  You should not have to pay to defend it.  Would suggest you contact the court where you had the judgment set aside and a) ask why the judge has not issued a letter as promised and b) explain that the claimant has not issued POC so you cannot submit  a defence.

sarahmm85

Thanks, I’ve received the paperwork from the claimant and am now at the point where I need to appeal. Only that process is not clear to me and there’s no info on the letter. Is there a specific form to complete for instance? 

KeithP

Forget the word 'appeal'.

You appear to be at the stage where you need to write a Defence.

To create a Defence look at the second post in the NEWBIES thread.

sarahmm85

Excellent start- the password to use with claim number on MCOS is invalid.... grrrrr! Simply states the password is XXXXXXX. That doesn't work either in upper or lower case. Phonecalls needed tomorrow to sort it out now.

sarahmm85

@Fruitcake just checked out a few of the links you sent and sadly, my alleged offence took place within the zones they do enforce so I can't use that in my defence unfortunately. The defence form is a tad overwhelming with all the legal jargon but I'm keen to see it through so that is my task for this evening :-)

KeithP

sarahmm85 said:

Excellent start- the password to use with claim number on MCOS is invalid.... grrrrr! Simply states the password is XXXXXXX. That doesn't work either in upper or lower case. Phonecalls needed tomorrow to sort it out now.

Following a set aside, you shouldn't be using MCOL at all - which is probably why they haven't supplied a password.

Your Defence should be filed with the hearing court.

sarahmm85 said:

The defence form is a tad overwhelming with all the legal jargon but I'm keen to see it through so that is my task for this evening :-)

You mention 'the Defence form'.
Usually here we suggest that a Defence is filed as a pdf.
Don't try and fit your Defence in a box on some form.

sarahmm85

The accompanying notes state to send either a completed acknowledgement of service form or defence to the court within 14 days. I was under the impression from reading the Newbies thread that the MCOL gives me a little more time to get my defence together?

Apologies, I mean Defence. Not defence form. I've downloaded the exemplar and have checked out a few of the VCS Bristol Airport threads to get an idea of how to modify it but its the legal jargon I find a tad overwhelming, especially if I need to refer to this in court.

KeithP

Correct me if I am wrong, but I think you'll find that the NEWBIES thread makes no mention of MCOL where set asides are concerned.

It is not MCOL that 'gives a little more time', but the filing of an Acknowledgment of Service that does that.

MCOL - or rather, the County Court Business Centre - plays no further part once a hearing court is involved?

Which hearing court are you dealing with?