Default CCJ - VCS used wrong address even if I emailed them the correct one

Coupon-mad

You can usually keep the main argument about unreasonable conduct until the hearing.

bridgefixer

A little update on my case. In a nutshell. After all the trouble, I received a notice of discontinuance today. Thank you everyone for help and advice. I don't know what I'd have done without you! 

But as the cost 'reservation' was not written in the Judge's order after the set-aside hearing, getting my money back might not be very straightforward. 

A more detailed account of the latest is below:

But first, a short summary/reminder of what my case is about. I sent my address to VCS on the day of the alleged contravention (as I was driving a rental car and moving), they confirmed having received it but still went to the DVLA register and rental company from where they received my old address. They sent all papers to the old address, I got a default judgment of which I learned about from debt collectors. I asked VCS for set aside with consent but received no response. Had to apply for a set aside without consent. Leading up to the set-aside hearing, ELMS filed a 'consent' order to the court, which I informed the court was misleading. I got a set-aside because the documents I obtained trough SAR showed how they had used a wrong address. The judge didn't write a point to 'reserve' the costs in the order, nor did he strike out the case based 4 months rule. Elms/VCS served and filed an amended claim form, and I filed and served defence in return.

Following the set-aside, I've received three letters from VCS. First, they took the case from Elms in-house and offered to settle for £195. Second, an offer to settle for £200, or face the wrath of even higher legal costs. Third, a notice of discontinuance, which I received today. The letter wordings are at the end. 

So, I sort of won. Now I need to write a letter to them ask to pay my costs, or think how I could make them pay back. Because there is no reservation of costs, I guess that is not very automatic. Any pointers or advice on this are welcome. 

In any case, I'm happy that VCS hasn't got a penny, and my £275 keeps the law courts going for another 1.1 seconds. (£275 over 7.9 billion divided by 31,536,000 seconds of the common year). Also, I learnt a lot about the justice system. 

The letters from VCS

First letter, dated 24 January 2023

Please find attached confirmation that Elms Legal are no longer acting on our behalf, any further correspondence would need to be sent to the address at the bottom of this letter. We have now received notification from the County Court Business Centre that this is now a defended claim. As such, we will wait for confirmation that this matter has been transferred to the appropriate Court for the case management directions to be set by the District Judge.

Pursuant to the Civil Procedure Rules, insofar as litigants are expected to try and resolve their disputes wherever possible, we are willing to accept a reduced settlement charge of £195.00 payable within 14 days from the date of this letter. This offer is made on a "without prejudice" (save as to costs) basis. 

Should you fail to accept our offer of settlement then we will continue with our Claim for the full amount claimed and bring this letter to the Courts' attention upon the question of costs. To make payment, please transfer €195.00 to the following bank details using the reference XYZ.

Second letter, dated 10 February 2023

This matter has now proceeded to the Small Claims Track and Directions have been set by the District Judge. We are confident that we have a strong case against you and we are entitled to recover the outstanding Parking Charge Notice and any additional costs. However, we are mindful that under the Civil Procedure Rules litigants are expected to try and resolve their disputes wherever possible. Therefore, we are willing to accept a reduced settlement charge of £200.00 payable within 14 days from the date of this letter. This offer is made on a "without prejudice" (save as to costs) basis.

Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court's attention upon the question of costs in order seek further costs of £220.00 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form. Payment of £200.00 needs to be made to the following bank details using the reference XYZ.

Upon receipt of payment, we will file and serve the requisite Notice of Discontinuance.

Third letter, dated 14 February 2023

Please find enclosed a Notice of Discontinuance regarding the above claim; we can confirm that a copy has been served on the Court.

Coupon-mad

I reckon send them a Letter before Claim stating they caused your loss by:

- using an old address, which caused a default CCJ

- failing to carry out a soft trace to discover the new address, as mandated in the IPC Code of Practice

- refusing to consent to set aside

- forcing the D to spend £275 on an application to set aside the unfair CCJ

- then trying to mislead the court with a draft consent order last minute to try to shift blame

- the CCJ was set aside and the case proceeded for listing for a hearing of the PCN

- after some misleading letters, they ran away and discontinued in the hope of avoiding the £275 costs

- the D is still out of pocket due wholly to the conduct of the Claimant and will sue for that sum.

Fruitcake

Did you mean to say this C-m as it's VCS/IPC?

- failing to carry out a soft trace to discover the new address, as mandated in the BPA Code of Practice

Coupon-mad

Ah, no, correct that to the IPC CoP!!

bridgefixer

Before I send a Letter before Claim to VCS, I'd like to check whether it makes sense to contact the Court first?

I stumbled upon two possible options. One could be to ask the hearing to take place as a cost hearing, if I understood the old Parking Prankster case correctly (see below). And the other is to write a letter to the Judge and inform about the discontinuation and ask for money to be awarded, as discussed in the thread below. This is because the Judge said the costs would be discussed in the subsequent hearing.

What do you think, should I bother with the Court first?

When I submitted my set-aside hearing bundle, I made a really nice cost schedule detailing all the efforts throughout the process, totalling at 75 hours and 1,777 pounds of which £352 were fees and direct costs. Not sure though how much of that I could possibly claim or be awarded in a hearing or through a small claims process. 

Letter to Judge by C-m

"You could now write to that Judge by name reminding her that she reserved the matter of costs at the set aside hearing on xx.x.18 and now the C has discontinued, you ask that the court considers acting upon the promise made in court and using their case management powers to order the wasted costs to be paid by the Claimant, given their vexatious claim against a registered keeper who could not be held liable - because CEL chose not to use the POFA provisions for keeper liability - and unreasonable conduct throughout (list it all on a separate sheet, and attach a COSTS SCHEDULE of how much this cost you to set aside/miss a day's work/travel there and park)." 

https://forums.moneysavingexpert.com/discussion/5926234/set-aside-ccj-court-not-issuing-refund 

Parking Prankster - cost hearing 

"VCS contacted the motorist to inform them they were discontinuing the claim... motorist asked for the hearing to take place anyway as a costs hearing. VCS sent a lawyer to the costs hearing, and were unable to come to an agreement pre-hearing, so the hearing took place... The motorist was awarded their costs of attending the hearing, together with costs for their lay representative and a proportion of their printing costs."

http://parking-prankster.blogspot.com/2016/01/vcs-spanked-in-court.html 

Coupon-mad

Yes you can try.

bridgefixer

I've now emailed to the Court and sent a letter and some supporting materials to the Judge. Let's see what that brings, if anything. 

Next I'll start drafting a letter to VCS in case the Court route doesn't produce any results. 

bridgefixer

The wheels of justice are turning, and today I received a response to my email to the Court.

So my case is proceeding to the second hearing if the Claimant does not file a formal notice of discontinuance with the Court. The order below was written by a different Judge, not the one that handled CCJ set aside. 

A quick summary: CCJ was set-aside, costs not reserved, I submitted my Defence in response to an amended claim form, second hearing listed, a few threatening letters, and then a notice of discontinuance. I asked the Court about the costs after I received a notice, but it seems they haven't filed a notice to the Court.

And now it seems the hearing will proceed until it no longer does. 

Also, I'm not entirely sure how to read the point 3 and what those CPR 27.14 provisions are in case the case will not proceed.

Anyway, I need to start preparing a trial bundle in case the case keeps moving on. Happy days. 

-----

Upon reading correspondence from the Defendant dated 26 February 2023 in which it is stated that the Claimant has not served upon her a notice of discontinuance. (that word not is a typo in the previous sentence).

But where no such notice has been filed with the Court by the Claimant.

IT IS ORDERED THAT

1. The hearing listed for 28 April 2023 do proceed until such time as the Claim is formally discontinued

2. In the event that the hearing proceeds, the matter of costs and conduct pursuant to CPR 27.14 be considered by the trial Judge.

3. If it does not proceed, no costs orders have been made and the parties are pointed to the provisions of CPR 27.14.

4. Parties are reminded to include opposing parties in their correspondence with the Court, and if a party seeks an Order be set aside or varied, it must do so by form N244 and pay the proper fee.

Coupon-mad

They'll discontinue now.  Oh dear.  That order is making it clear that there are no costs in play.