VCS issued 3 CCJ’s against me through DCBL

KeithP

Dan140383 said:

Just one thing ….Is there a forum to search re the best email to send this to and do I write anything in the bulk of the email/ address a certain person?

Which court are you planning to send this stuff?

The court finder webpages give email addresses.

patient_dream

Dan140383 said:

Ok so I have triple checked everything sent to my parents who said they all came through fine. Just one thing ….Is there a forum to search re the best email to send this to and do I write anything in the bulk of the email/ address a certain person?

Again thanks to each and every one of you for all your help, advice, knowledge and overall encouragement over the past few days I know I still have a long way to go but I already feel like I have took back some control. 

Will be emailing MP”s tomorrow and will update you with everything.

Many thanks

One of the members will no doubt tell you the best contact info

There is a long way to go.  You are now in control as long as you follow this forum advice, you will be the winner

bbdnw1106

Thank you @KeithP and @patient_dream

Sorry I presumed it went back to CCBC, I didn’t realise it”s to my local county court.

Many thanks 

patient_dream

Dan140383 said:

Thank you @KeithP and @patient_dream

Sorry I presumed it went back to CCBC, I didn’t realise it”s to my local county court.

Many thanks 

It is your right to select the court. So which one is local to you.
The reason is that the courts differ.
For example, if your area was in the Cardiff area, we would suggest Bristol court as Cardiff appears to approve money scammers

We have a great deal of knowledge about the courts and areas. even then there is no guarantee that the court you select will not have a scam loving judge

bbdnw1106

Thank you so much @patient_dream

Stockport County Court would be the closest to me however I would be happy to travel anywhere in Greater Manchester / Cheshire or beyond if it was more favourable.

patient_dream

Dan140383 said:

Thank you so much @patient_dream

Stockport County Court would be the closest to me however I would be happy to travel anywhere in Greater Manchester / Cheshire or beyond if it was more favourable.

Let's see what others know

Umkomaas

Dan140383 said:

Thank you so much @patient_dream

Stockport County Court would be the closest to me however I would be happy to travel anywhere in Greater Manchester / Cheshire or beyond if it was more favourable.

I think that's Judge Iyer's stamping ground. Can't get much better in the context of private parking charges. Knows his onions.

bbdnw1106

Thank you @Umkomaas

bbdnw1106

Good morning everyone,

I have received 2 x letters for each claim to be heard on 04th September. 20 mins for each one.

@Coupon-mad is there anything in particular I need to do to prepare? 

Many thanks

Danielle

Coupon-mad

Print out hard copies of everything you have submitted.  Read through your witness statement and be familiar with the Civil Procedure Rules you have applied under:

CPR 13.2 - mandatory set aside, due to VCS not doing a soft trace for 28 pence to locate you before litigation.  The car's really old DVLA address, or an old flat number in rented accommodation are NEVER good enough or reliable as a service address and this is why both the BPA and IPC Codes of Practice make it mandatory that addresses are checked just prior to litigation;

CPR 13.3 - your 'safety net' which is discretionary set aside because there are good prospects of defending the claims.

You COULD ask that these two claims are also dismissed on the spot due to:

(a). 'cause of action estoppel'. i.e. they should have brought their entire case in Claim 1 (search the forum for Henderson estoppel for that argument);

(b). The fact that more than 4 months has passed since the claims were filed, and they were never properly served because an old address was used without taking any steps to check ot first (a 28 pence soft trace was all they needed to do to find you).

These are short hearings but expect the Judge to possibly NOT want to strike out the claims altogether, but to ask you about your defence basis.  That would be your primacy of contract as a resident who already had an allocated space (take a printed copy of your AST).

Plus cause of action estoppel (push that again!) plus the fact the claims were all inflated by false debt recovery costs, plus the fact VCS' contract was ended as they allegedly were targeting residents and there was no legitimate interest in charging you for parking in your own bay, plus the fact you might have a case to counterclaim for damages caused by the first claim and bailiff visit, to get your £1000+ back for claim 1 which was obtained under extreme duress and caused severe distress.

You can say you are considering a counterclaim if the court sets aside the second and third CCJs but doesn't strike out those claims.

When you get to the court, go half an hour EARLY, sign in with the Usher and make sure they know you are there for TWO HEARINGS and ask that they be heard back to back by the same Judge.

This is important!

You can't be in one courtroom arguing for claim 2 to be set aside whilst another Judge in another room with your other set aside application thinks you haven't turned up.

Courts are that messed up that it could happen, so nip that in the bud with the Usher on arrival.

Oh and if these N244 applications have cost you two fees (£275 x 2) take proof of paying those and ASK THE JUDGE AT THE END to order that your application fees x 2 be immediately awarded so VCS must pay that money back.

Why should you be out of pocket for two huge fees (if you paid the court?) given they failed to properly serve the claims and tripled the costs and stress with 3 separate CCJs.

You must ask the Judge for your fee money back from VCS.  If they dither on that I'd be surprised but at the very least the fees and your costs should be 'reserved' till the final hearing.