CCJ - FIGHT FOR OUR RIGHT!!

GlassRoof36

UPDATE.

Resent the email with all my attachments directly to CCBC and received a reply telling me that the problem is with the ZIP file containing my evidence. It seems they don't accept them.

So I resent the email again but attached my evidence files (12 of them) directly to the email without them being in a ZIP file.

Now I've just received a reply telling me 'Unfortunately we are not able to process your application as your email contains attachments that exceeds 50 pages'

I have attached the full transcripts of the cases that I referred to in my draft defence as recommended by @Coupon-mad

'Boxwood' contains 24 pages.
'Vinos' contains 9 pages.
'Croke' contains 31 pages.

I think these are the problem this time.

If I want to keep all the pages in my application then I would need to send it by post (as informed by CCBC).

What are my options??? Reduce the pages in my application somehow so I can send it via email or print the whole thing and send it by post???

Thanks in advance!

GlassRoof36

Umkomaas said:

I think I'd be asking the DVLA as to why they have allowed VCS to access your data twice for the same parking event. 

ccrt@dvla.gov.uk ..... and

KADOEservice.support@dvla.gov.uk 

Send to both. 

Would this benefit my case in anyway?? What answer would I expect to receive from the DVLA??

Coupon-mad

Just do what @Brokenchief did. He didn't send the authorities with the main bundle.

There are also 4 authorities, not 3, if you are using his thread as your best practice example.

Grizebeck

Do not use a zip file

Umkomaas

GlassRoof36 said:

Umkomaas said:

I think I'd be asking the DVLA as to why they have allowed VCS to access your data twice for the same parking event. 

ccrt@dvla.gov.uk ..... and

KADOEservice.support@dvla.gov.uk 

Send to both. 

Would this benefit my case in anyway?? What answer would I expect to receive from the DVLA??

VCS might have broken their KADOE agreement and could be subject to warning/sanction by the DVLA. Suspension from access to DVLA registered keeper detail could eventually ensue if a sufficient number of complaints of misuse of the automatic electronic access to the database is recorded.  But the real purpose is to help in the bigger picture if you want PPCs 'brought to heel'.

GlassRoof36

UPDATE

My claim was finally accepted and was transferred to Leeds County Court nearly two months ago.

Today I received my first letter from Leeds County Court with information about my hearing (over BT conference call) and also received an email from VCS which stated the following:

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"Dear Sirs, 

We are the Claimant in the above matter.

We would have no objection in consenting to your Application to set aside judgment in relation to the above Claim provided each party bears their own costs. 

If you are agreeable to the above, please kindly sign and date the attached Consent Order and file the same with the Court. Please also return a copy to us for our records as soon as possible and by no later than XX December 2022. 

Kind regards. 

xxxxxxx         M xxxxxxxxx         Paralegal  "

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Am I right in thinking that if I agree and proceeded with the consent order;
my judgment will be set aside?
the original claim will be dismissed?
I can say goodbye to the £275 application fee?

Below is a snippet of their attached consent order.

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"BEFORE THE COUNTY COURT AT LEEDS

UPON the parties agreeing that the Defendant did not receive the Claim Form issued on the XXXXXX 2019 before a Judgment was entered against them on the XXXXXX 2019 and the parties agreeing that there be good reason to set the Judgment against the Defendant aside pursuant to CPR 13.3 (1)(b)(i).

BY CONSENT IT IS ORDERED THAT:-

1. The Judgment entered against the Defendant in the above numbered claim on the XXXXXX 2019 is to be set aside;

2. The Claim be dismissed;

3. There shall be no order as to cost. 

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I want my £275 back so if that means going ahead with the court hearing then that's what I'll do. The consent order above states that they are willing to dismiss the claim, does this mean the claim will be dropped in the court hearing??

Thanks

Coupon-mad

I want my £275 back so if that means going ahead with the court hearing then that's what I'll do. 

Good! Yes, they are trying to avoid your costs.

"The consent order above states that they are willing to dismiss the claim, does this mean the claim will be dropped in the court hearing?"

No, that's for you to argue - as it always was, because you are not accepting that consent order.  They shouldn't have randomly sent the claim to an old address!  They are desperate to avoid costs now but you are right to want the £275 back.

Have you put the IPC CoP into evidence to show the clause that says a PPC must check defendant details before litigation?

Have you done your skeleton argument as seen in other threads, such as the one by @Brokenchief where he also helpfully posted the 4 links you need to the 4 case transcripts that tell your Judge that the claim is dead and that a court cannot resurrect it.

GlassRoof36

Have you put the IPC CoP into evidence to show the clause that says a POC must check defendant details before litigation?

Have you done your skeleton argument as seen in other threads, such as the one by @Brokenchief where he also helpfully posted the 4 links you need to the 4 case transcripts that tell your Judge that the claim is dead and that a court cannot resurrect it.

Yes! All are in my WS and I have a separate draft defence that was also sent to the court. The only thing that wasn't sent in the email was the full court transcripts as they contained more than 50 pages.

I noticed in the @Brokenchief thread, an email from the claimant to the court that said the following...

"Please note that in keeping with the overriding objective (CPR 1.1), the Claimant made an offer to set aside the Judgment and settle the Claim (see attached), however, the Claimant has not received any response"

I'm guessing I should respond to VCS's consent order email telling them I won't be agreeing to it???

Coupon-mad

Yes you probably should tell JB where to stick it.

GlassRoof36

Coupon-mad said:

Yes you probably should tell JB where to stick it.

Hahahah maybe a photo of a certain middle finger

In other news....

The letter from the court states "The party responsible for preparing a hearing bundle is the Claimant / Applicant if they are legally represented.."

How do I know if they are legally represented??

The email I received today was from a VCS email address but was signed off with a name the word 'Paralegal' underneath.