VCS issued 3 CCJ’s against me through DCBL

bbdnw1106

Thank you so much @Coupon-mad

I was away last week but going to spend the next few weeks getting prepared. I’m looking forward to fighting this, but nervous as I have never been to court in my life!

I will make sure I’m super early and let the usher know it’s 2 cases. I am not owed any money back as I have a low income job.

With the first CCJ that I paid under duress when the bailiffs and cameras turned up I went into a payment plan with them and I have an email from me to DCBL after a phone call confirming a new date for the payments this email and call occurred AFTER the further 2 other CCJ”s were issued, yet no mention of these in the call or email. Is it worth me printing this as evidence?

And do I ask to be reimbursed for the original?

Many thanks 

Coupon-mad

You can't ask to be 'reimbursed' for claim 1; it's not that easy!  Like I said you could instead say what happened (by all means show your emails) and

(a). PUSH HARD for claims 2 and 3 to be dismissed on the spot due to the doctrine of cause of action estoppel (supported by the authority in Henderson v Henderson, a Claimant cannot keep coming back with new 'one more thing' claims for more bites of the cherry that relate to the same location and year). 

(b).  If the Judge will set aside the CCJs but is not minded to dismiss claims 2 and 3, that's when you say what your defence will be based on and that you intend to consider a counterclaim too, for at least the £1000 extorted under severe duress and possibly even £500 damages for distress and DVLA data misuse - using an old address without any checks and unreasonably inflating all 3 claims.

Umkomaas

Dan140383 said:

@Coupon-mad  I have received  a witness statement from from VCS is this normal?

They have said that they vehicle was confirmed with the DVLA as being registered to the old address and my name. And that even though I had changed my address with DVLA and changed my car the original car was still in my name to that address. The only thing I can think of for that is that the new owner did not change /update this.

Does this now mean I don’t have a case? 

Many thanks

They can only check with the DVLA once, immediately after each parking event. But, they do have to run a check on your address before issuing court proceedings, especially if some time has passed since the parking events (check the IPC Code of Practice for the requirement with which they must comply), but that check cannot be via the DVLA, it would be via a trace agency. 

KeithP

Despite your attempts at hiding information, it is clear to see in your recent posts...
1. the PCN number,
2. the full name of the vehicle's registered keeper
3. the address of the vehicle's registered keeper, 
4. the vehicle's full registration mark, and
5. the County Court Claim Number.

In other words, everything you have attempted to hide is clearly visible.


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bbdnw1106

@KeithP  thank you for letting me know, clearly my editing skills are as good as my knowledge on all this I didn’t realise you could clearly see everything.

Snakes_Belly

Dan140383 said:

Thank you so much for your reply, I appreciate your help more than you know and sorry if this has been covered before.

I have just found out I will get help with court costs.

I sent an email to channel 5 and Brinkworth Films (The production team) when this all happened demanding that I did not want to be on the show and that the whole experience had caused me a great deal of stress and anxiety. I had a response back to say it takes a long time to process and review footage and they simply just follow enforce writs as journalists and they have a right to do so and that they would pass my email on to channel 5 as they make the final decision. 

I never heard back. I don’t watch the show and to date nobody has ever informed me that they have seen me on it so I’m not sure if it ever did air.

I will fill out a form this evening if it can be done online or tomorrow and act on this straight away.

Again thank you so much for your reply and help with this

I think that you have to give your permission before you can appear on a TV programme and be identified. I have been on a TV show and I am sure that I had to sign some kind of contract that gave them permission.

bbdnw1106

Good morning everyone,

I have been trying to search for threads similar to mine where they have prepared for court as the closer we get i”m getting beyond nervous and worried I am going to waffle or cry lol.

I have printed everything off and familiar with the  Civil Procedure Rules but am I still able to use CPR 13.2 because they have provided DVLA evidence for ONE claim. However they requested my address on 15th Jan 2018  (I presume for the first letter they send) I moved out in Feb 2018 and then the CCJs were issued  November 2018 and January 2019 if they had requested my address any time after February 2018 I would have received them and been able to defend the claims.

They are saying due to a 4 year delay it should be dismissed (Hart Investments v Fidler 2006)

I never checked or signed to a credit agency because I knew it was in tatters due to the 6 year CCJ I already had from them and had paid under duress. Having to have guarantors and paying up front 6 months rent for the past 6 years. It was only this year I signed up as I was excited to build my credit, only to find the other 2.

Also in their witness statement although they mention both claims they have only provided photo evidence and proof for one is this normal? Will they have the other evidence in court?

Thanks

Coupon-mad

If they have only provided evidence for one claim, it sounds like this hearing is only for setting aside one of the 2 CCJs.

Check the claim number stated on the Hearing letter from court.  Check that now.

You made two applications didn't you? If the Hearing letter only talks about one claim, I'd be ringing the court and asking what has happened to your second application?

The time for you to act 'promptly' runs from when you discovered the CCJ, not the date of it!  Their rubbish about '4 years being too late' could mislead the Judge, so be very clear that you only discovered the two extra CCJs this year and were traumatised by the first one where the bailiffs and film crew pushed their way into your home.

You also thought that was the only claim and that it was paid off and dealt with. Why would they have made 3 separate claims, this was an abuse of the court process (Henderson v Henderson applies as case law authority).

You are right; all they had to do was a 29 pence Credit Ref Agency 'soft trace' and the claims would have been properly served to your new address. They failed to do so.

The CCJs must be set aside and you intend to defend them and possibly counterclaim for damages for the extreme distress caused by this claimant these past 6 years.

Be ready to be asked, and answer:

"what is your defence against the parking charges?"

Have a clear note on that.

Crying is OK.

You've been through Hell at the hands of this Claimant and the Government has just declared the private parking industry a 'market failure' and analysed the minimal costs of chasing parking charges at just £8,42.  Not multiples of £60 per PCN.  All 3 claims were inflated by hundreds.

bbdnw1106

Thank you  @Coupon-mad

The court have acknowledged both claims and I have two hearings listed on the same date one after the other 20 mins each. (I will arrive early to advise and ask for the same judge)

VCS have only mentioned one claim number,

They have attached a copy of both of my hearing applications which show 2 separate references with a stamp that says received by them. They have attached my 2 witness statements and my draft order that asked for BOTH to be set aside.

They have only provided a witness statement, evidence and pictures / dvla request for one claim. 

I was thinking maybe they would send out separate but I”m in court on Monday and have had nothing else from them.

Many thanks

Coupon-mad

It's lax of them but these short hearings are not even about the PCNs so their submission is irrelevant anyway!  They will get away with that.

You MUST stay focussed on your application and know what rule(s) of law you are applying under.  Your WS says this I hope (CPR 13.2 - mandatory set aside for improper service - and as a fallback, CPR 13.3 - court's discretion for 'good reasons' to set aside).

The hearings are nothing to do with the PCNs unless the Judge asks to hear a synopsis from you, of why you think you have good grounds for defence.

Do read this thread - a successful CCJ set aside reported today plus the claim was dismissed too:

https://forums.moneysavingexpert.com/discussion/6423700/suprise-ccj-civil-enforcement-ltd/p1