VCS/DCBL CCJ (ignored Claimform) for 5X windscreen privacy notices - paid for residential parking - now +£600 CCJ - that's a pub over the road!! - Xl Chatham Waters, Gillingham, Me4 4ft

[Meinmast]

Hi all,

Need advice on CCJ. Sorry for long post ahead: will try to summarize.

 

The Driver lived in a residential apt. with allocated bay in gated parking managed by VCS.

 

In Dec 21 car written off by insurance, bought another car on 20th Jan 22 and vacated apartment on 7th Mar 22 and left UK for a couple of months for change of visa.

 

Back to UK in June 22 in a new city and updated his D. license, V5c book and other address on my new property in July 22.

 

Driver updated car reg. no. to letting agency by email on 20 Jan but forget that have not asked for new permit to display however he was paying parking fee to them till vacated the property.

 

In Nov 22 received DCBL notice of 5 PCN from 21 Jan 22 till 14 Feb 22 for not displaying valid permit.

post code of location for PCN was a pub opposite the building which confused as driver never parked at that PUB.

 

tried to contacting letting agent, DCBL, and VCS to send me proof of any correspondences regarding PCN but till date nothing received. They just put privacy notice on car wind screen which he dont remember if PCN was mentioned on it or not (can be seen in picture)

 

Can driver appeal on the basis of wrong postcode of location?

as If when put the postcode it gives only that pub address and not the parking site address where car was parked.

 

(There was also an issue of a unauthorized car being parked in the bay which was reported to letting agency but they didn't do anything and had to park the car many times away which cause mental stress.)

 

Long story short:

Unfortunately delay respond to claim form due to lack of knowledge (New in UK) misguidance hence a CCJ has been issued on 9th Jan 23.

 

so wanted to ask if there are any chances in driver's favour if he appeal for set aside CCJ or just go and pay the fine as don't want to ruin credit history for 6 years. Although fined amount (1035£) will cost a kidney

Looking for your valuable input as a last hope.

[honeybee13]

Hello, welcome to CAG.

 

If I've read your post right, you received the claim form but didn't deal with it? Did you receive other correspondence?

 

Best, HB

[Meinmast]

Yes you're right. received claim form but due to death of my uncle (who was a father figure) in home country and some other family issues couldn't respond in time. I was seeking guidance from a friend who studied law in UK but he totally misguide me. and now here I stranded with CCJ

[honeybee13]

And you received the other paperwork as well?

 

HB

[Meinmast]

Just Legal notice from DCBL on 17 Nov. then Claim form in mid December.. apart from that I didnt received any PCN letter of any other correspondence before that legal notice on 17 Nov. 

from July when I updated my DVL and V5c book till Nov nothing in 5 months.

[brassnecked]

 as the CCJ is over the £600 figure that would allow a High Court Enforcement if you don't pay.   Options are Set Aside, difficult as you had the paperwork, pay it off  within the 30 days, CCJ goes away.  see what the other's say.

[Meinmast]

Yes thats what I want to know

 

if I stand a chance to get the judgement set aside as I dont want to pay a 275 court fee if there are thin chances of my success.

 

they failed to provide me parking when someone else parked at my space multiple times but if I forgot permit to display... they issued me PCN.

 

I am still trying to push letting agency to ask them to cancel this case. can someone advise if this is a possible way?

[dx100uk]

there are 2 hurdles to jump over here.

 

1.  you did not received the claimform. (you DID)

 

2. you are not liable for the PCN's .(supremacy of contract?)

 

2 seems to me to be a no brainer, ??

 

correct me if i'm wrong please,

but you WERE a resident at the location,

did have a parking permit, but either that simply was not used, or you thought it was not applicable as you parked elsewhere ON THE residential property??

 

or you could not park on site and parked over the road in a pub? is that a red herring?

 

if you WERE a resident, and the car in question WAS registered to you as the keeper then supremacy of contract overrules their parking contract.

 

you say you HAVe the claimform?

 

for ref can you complete this ?

 

 

 

[dx100uk]

15 hours ago, Meinmast said:

Driver updated car reg. no. to letting agency by email on 20 Jan but forget that have not asked for new permit to display however he was paying parking fee to them till vacated the property.

so letting agency were taking a parking fee, seems clear you had rights of supremacy over VCS/ simple simons contract with whomever owns the land.

[brassnecked]

Looks like DX is correct, if managing agents taking a fee you had every right to park, fleecer's have lost in that situation  your lack of response led to the CCJ by default, also why would anyone want a company in a gated fob access parking area?

[dx100uk]

Is it fob access only though. I doubt it?

 

Dx

[brassnecked]

gated usually have an entryphone for deliveries and visitors, and a fob for residents to enter, Personally have had issues delivering into gated developments, in  a liveried van, couriers  often get invoiced for no permit as you park a van where you can once inside.  Jopson v Homeguard usually kills them off as its obvious if van has DHL, DPD or UPS on it its there for a reason not to park up in breach of fleecer's mickey mouse T & C's,  But would be helpful if we know if was a fob access there?

[FTMDave]

The huge problem here is not responding to the claim form.

 

If the claim form arrived mid-December, you had until the end of the year, more or less, to file a defence.

 

Where were you during that time?  Were you out of the country?

[Meinmast]

Thank you for your responses. is it ok if I mention the post codes and residential address here? please guide so I can clarify some fact about the property and parking so it can be more understandable to you guys. 

 

@DX Yes claim form received at home  but I was in Manchester, 300 miles away from my home.

Yes I was a resident of building and I was allocated parking permit for bay 6. I just didn't put it on display. parking in not ANPR operated. I was tenant and car in question is registered under my name.

 

@brassnecked Yes there is entryphone for deliveries and visitors, and a fob for residents to enter, however as I told parking entrance is totally separate and gate only operates with a remote which was provided to every rightful tenant who has permit to park. which I returned to letting agency on my last day of tenancy i.e 7th March 2022.

 

1- it is 100 + 100 apartments building named as south house and north house. connected with ground floor parking space in-between both towers with independent entrance for parking (26 parking bays only). so deliveries and orders has nothing to do with parking area as entrance for both towers is separate from parking.

2- Letting agency office is located on premises and residents pay monthly parking fee to letting agency.

 

3-If it is appropriate to allow then I will share post code for that residential building and the confusing post code for offense which VCS claims to parking but on map and in searches it is the post code of that bar opposite a couple of buildings away.

 

@FTMDave I was not in the city and also was having a tough time due to death of my uncle (14 Dec) and some other family problems.  

 

sign+LOC+Claimform+PCN.pdf

[dx100uk]

missed the claimform number 

done it 4 u

as above

[FTMDave]

3 hours ago, Meinmast said:

@FTMDave I was not in the city and also was having a tough time due to death of my uncle (14 Dec) and some other family problems.

I was really, really hoping you would say that!

 

To obtain a set aside you need to satisfy the judge of two things.

 

1.  That you had a genuine reason for not replying to the claim form.  Not bothering to read it doesn't count.  Being away from home for a period for a family emergency does.

 

2.  That you have a chance of defending the claim, as they'd be no point in cancelling a judgement if the person was bound to lose again.  You have this with supremacy of contract and other arguments.

 

By all means tell us where this place is.

[FTMDave]

You could try to get VCS to accept a set aside by consent which IIRC would mean you would pay a lower fee, but (a) in the past they have ignored such communications, however (b) at least they haven't appeared at a set aside hearing to oppose it.

 

For the price of a stamp you could try -

 

Dear VCS,

 

Re: Claim no. XXXXX, PCN nos. XXXXX, XXXXX, XXXXX. XXXXX, XXXXX

 

I intend to apply to set aside the above-mentioned judgement as I was 300 miles away form home for an extended period dealing with a family bereavement when the claim form arrived, and I can prove this to the court.

 

I also intend to defend this claim as I enjoy supremacy of contract in this matter.

 

One of us is going to be stung for a large amount of costs come the conclusion of the case, and I suggest in order to keep costs down that you consent to set aside judgement.

 

I will wait for your reply until 1 February, after which I will make my application to the court.

 

Yours,

 

If the other regulars have no objections, send it off 1st class tomorrow and get a free certificate of Posting from the post office.  Don't get your hopes up that it will work though.  However, worth a try.

Edited January 24, 2023 by FTMDave
Typo

[dx100uk]

ive update the title with the postcode details from the claimform.

the pub is on the otherside of the road!! VCS don't stand a chance IMHo 

 

 

Mast And Rigging Pub ME4 4FT.pdf

[brassnecked]

So they are on to a loser.

[FTMDave]

Send the letter I suggested tomorrow as a matter of urgency, it can't harm you.

 

But realistically on 1 February you will have a choice.

 

Pay £1035 and the matter goes away.

 

Or pay £275 to apply for set aside which you will have a very good chance of winning.  After set aside (fingers crossed) battle the fleecers.

 

Your call.

 

 

[dx100uk]

had to hide that

you MUST redact your pers info , any qrcode or barcode boxes and any little writing down all margins, ref numbers, reg numbers or pcn or NTK numbers

 

it might be useful for you to also scan up everything else  in/out by whatever means to anyone to datein one mass multipage PDF

 

dx

[FTMDave]

If you have already e-mailed VCS, then you might as well send the letter I suggested by e-mail tomorrow.  Forget about the post office.

 

(Long term e-mail is a bad idea, but we'll explain why later).

 

I received a county court claim yesterday for same.

 

This is horrific news, admitting to the other side that you have received the claim, a claim which you didn't respond to despite it being clearly written on it that you had 14 days to do so or you would lose the case..  Anyway, let's hope all is not lost.

 

 

Edited January 25, 2023 by FTMDave
Typo

[Meinmast]

would it be a good idea to email VCS and cc to DCBL and the Letting agent the whole matter? As told earlier that was mentally stressed due to death and multiple family issues. I was in Manchester and the claim form was received at home by wife and she told me about that so I sent email as it was still confusing about the ME44FT as offence post code which belongs to PUB with ANPR.

[FTMDave]

No, it wouldn't be a good idea.

 

You need to read up and understand who you are dealing with.  Your whole approach so far has been to treat the other party as if they were reasonable people.

 

We have a case where someone stepped out in the road in front of a taxi driver, making the taxi driver stop - in one of VCS's no-stopping areas.  Either the taxi driver stopped or the pedestrian was murdered.  VCS are suing the taxi driver.  Really.  Not making this up.

 

You are dealing with spivs, charlatans, leeches, parasites, vampires and cheats.

 

It's far too late to contact the letting agent, this should have been done before court action, when you got the Letter of Claim.

 

DCBL are merely solicitors instructed by VCS, 

 

VCS are your target.  Send the e-mail today to VCS as suggested.

 

But don't expect them to cooperate.  This is looking very, very bad.

 

Come back here when they reply, or on 1 February if they don't reply.

[Meinmast]

This is auto response I just found in spam. as per email response time is 28 days. Lets see if they reply by 1st Feb. 

 

Thank you for your email which has been received by the Litigation Team. This email is automatically generated; please do not reply to this message.

 

Please refrain from submitting unnecessary duplicate correspondence by only using one method of email, post or fax.

 

Response Time

 

We will endeavour to process your email within 28 working days.

 

Please note that we do not accept service of documents by email.

 

Important Note:

 

-    If a claim has been issued we will not deal with any further appeals. Please direct your defence to the County Court Business Centre [CCBC] or the allocated Court.

 

-    If you have already received a response from us dealing with your initial query, we will not respond to any further correspondence from you. Our letter would have informed you that our decision was final.

 

-    We will not deal with any disputes over the telephone or by email.

 

-    We cannot accept any responsibility for any activity in relation to your Claim should you fail to provide us with the requested information within the relevant timescales.

 

-    If you are wishing to obtain payments details please call 0114 231 7851. We must advise you that this is a payment line only.

 

-    If you are a third party acting for the account holder, we cannot deal with correspondence from you unless the account holder authorises you to act on their behalf.

 

-    All documents should be served at the address of 2 Europa Court, Sheffield Business Park, Sheffield, S9 1XE.

 

-    If your require any Court Forms please follow the link; https://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do