CCJ - FIGHT FOR OUR RIGHT!!

GlassRoof36

Just received the PoC

 

THE CLAIMANT'S CLAIM IS FOR THE SUM OF £160 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT IN RESPECT OF A CHARGE NOTICE (CN) FOR A CONTRAVENTION ON xxxx/2018 AT FLORA STREET RETAIL PARK. THE CN RELATES TO A Xxxxxx UNDER REGISTRATION Xxxxx. THE TERMS OF THE CN ALLOWED THE DEFENDANT 28 DAYS FROM THE ISSUE DATE TO PAY THE CN, BUT THE DEFENDANT FAILED TO DO SO. DESPITE DEMAND HAVING BEEN MADE THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE CN AND INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% AT THE SAMERATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENT.

 

GlassRoof36

So the paragraph I added in my defence about the PoC doesn't relate to mine whatsoever so I think I need to revise that!

GlassRoof36

For anyone who has been reading this, everything was emailed across to the county court and VCS yesterday. The bundle included my N244 form, WS, draft order, draft defence, exhibit list, exhibits and costs assessment.

Thanks again to the people on this forum that provide the endless amount of help and information for people like me (I wouldn’t have had a clue how to approach all of this!!) and giving me the confidence to try and stand up against these companies that are blatantly robbing people in broad daylight.

I will keep this forum updated on the turn of events.

GlassRoof36

Just over a week since everything was emailed over to Sheffield County Court and up until this morning, I hadn't heard anything  so I phoned Sheffield County Court and they confirmed that they had received my N244 submission but there is a 7 day backlog which is the reason I had not been contacted. 

Weirdly, within a minute of hanging up the phone, I received my first known direct contact from VCS. It was an email containing my SAR information. .

The first ever letter from them was sent to my GRANDMAS address which was a surprise to me at first, but when I thought about it, my V5C must have been logged with that address. No need to go into detail but I lived at my grandmas for a year before moving to the pub address. I really don't believe I had anything else linking me to my grandmas address. The letter (NTK) sent to my grandmas address was dated 05.2018.

The next letter along is then addressed to the pub address and is dated 09.2018 and this one is also a NTK.

Both the NTK letters are identical apart from the address and 'issue dated' date. 

Next is the bit that looks interesting to me (I hope).

At the top of the main SAR document is a section that's titled 'Contact History'. The address in this section is my Grandmas address and below it reads the 'Source' which is answered DVLA. 
This confirms they received that address from the DVLA??

Below the 'Contact History' is a section labeled 'Notes' which contains the following note...

Keeper details imported from DVLA via ZatDVLAMake ###########details of car##############
Date: XX/09/2018

I didn't think they were allowed to contact the DVLA more than once?????
___________________________________________________________________________________________

I'm wondering if there could be anything else to look out for in the SAR that would benefit me??

Would it be worth uploading and sharing a redacted version??

Thanks!

Coupon-mad

Yes please.

They cannot have contacted the DVLA twice.  Email the DVLA to check (it's free, so don't let the DVLA wrongly tell you that your question costs money!).  Email addresses for DVLA's data 'team' are already in the NEWBIES thread post #5.

GlassRoof36

Redacted VCS SAR is linked below in two parts...

https://www.dropbox.com/s/xkxaccdocelwyrh/VCS SAR Part 1.pdf?dl=0

https://www.dropbox.com/s/0qqa11b9s3c5ywd/VCS SAR Part 2.pdf?dl=0

Coupon-mad

So there is no evidence of any address checks being made before the claim was issued. They would be noted in the SAR and they are not.

And what the notes there do say is that the PCN was 'POFA compliant' even though it wasn't.

And the photos show NO signs or lines to suggest that area is a loading area.  It is unmarked.  In fact the nearest sign grants 3 hrs free parking.

Only the DVLA can tell you if your data was accessed twice in 2018.

GlassRoof36

Received my first email today from CCBC. It read the following:

“Thank you for your application. 

 

Unfortunately we are unable to accept this as it does not comply with the Civil Procedure Rules Practice Direction 5B - (Electronic Communication & Filing of Documents). This is because County Court Business Centre is unable to download documents held on external cloud storage applications due to security risks.  Please add the file as an attachment and resend.

 

In order for us to best access your form, please resend it as a word or PDF attachment.

 

I hope this assists you with your query, should you require any further assistance please do not hesitate to contact us.”

I’m not sure what I have done wrong??

N244 form (PDF)

Draft order (Word)

Witness Statement (PDF)

Draft defence (PDF)

Exhibits (ZIP folder which contained PDFs)

Cost Assessment (PDF)

Any help would be great!!

My email was first send to Sheffield county court then they forwarded it to CCBC. Do you think there could be the issue??

Thanks

Coupon-mad

In order for us to best access your form, please resend it as a word or PDF attachment.

You need to send the CCBC a PDF of the application and also the WS and the costs page, and a Word doc of the Draft Order.

GlassRoof36

Coupon-mad said:

You need to send the CCBC a PDF of the application and also the WS and the costs page, and a Word doc of the Draft Order.

So I need to reply to the email containing only those 4 documents?

Is that the reason my application was unaccepted because it contained the other 3 documents??? (Draft defence, exhibit list, exhibits)