Yes I did before - I had to pay a small fee - but I saw I had a CCJ. Can't remember now which website I went through to see it.

Well we are hovering over the post box and will let you all know exactly what happens next I think I will need to check if I still have a CCJ - the judge advised that but I have to give them time - when would you suggest checking?

Should you register using your own name? And then how do I find out whether Vehicle Control Services have a claim against me on that site? BTW nothing received in the post to date. I have asked my tenant and she knows to check every day. It was so quick because there was a Consent Order in place. I explained that I had emailed the County Court with my signed Consent Order on Friday and told her I was surprised the telephone hearing was still going ahead. She explained that there were many emails to get through so my response email with the signed Consent Order had not been received in time, hence the telephone hearing. Having heard that I had signed it, she just acknowledged that everyone was aware. Then she suggested I went onto the judicial website and read a guide to bringing and defending a small claim https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

I will ask my tenant to check the post again - but she has been fairly good at sending through my mail. However I did ask the court for a refund for the £255 Telephone Hearing and got this response below. However now I do not think it is worth following this option, as the Telephone Hearing happened as a result of them not getting my signed Consent Form in time - the Judge says they have too many emails to go through so mine was not discovered before the hearing - not enough time! Therefore I can hardly now ask for a refund. Will they definitely post my order or like below will they now email me? Good Morning, Thank you for your email below. As this fee was taken by the County Court Business Centre, they would have to process your request for a refund. Please see their email address as follows, and direct your query to them - [email protected] Many thanks, Rachel Wallace Administrative Officer and TRA Team Leader Fees & Support Services Bristol Civil and Family Justice Centre 2 Redcliff Street, Bristol, BS1 6GR 0117 366 4840 | [email protected] Thank you for responding to me so quickly. On 20th September I wrote a cheque out for £255 and submitted it with my N244. I believed this was payment for a telephone hearing. When I sent the signed Consent Order back to you on Saturday, there was no necessity for the telephone hearing due to be held on Monday 15th, as a Consent Order had been issued by the Claimant. Therefore I was hoping to be refunded the £255 I had paid for the telephone hearing for my Set Aside.

My only consideration is I am now going to Zimbabwe from mid December to end of April - would I have to actually come back to England and be present at court - if they decide the court case was before end of April?

Yes the CCJ has gone for good and the judge told me to just double check this a bit later on and make sure. I think I had better go for it and take them on. It would be against everything I stand for to give VCS £257 - if I loose no probs but not to try, is a cop out. I will rely on your help as we have got this far together. I am so grateful that I have no more CCJ - but yes lets go for it. I will enjoy putting a air ticket on my claim!

I have just been rung up by the Court in Bristol and have had the Hearing for the Set Aside. Sadly the Court receive hundreds of emails and therefore they did not get my signed Consent Order and my email. Therefore I have lost the chance of reimbursement. The judge told me my case would now go to the Small Claims Court and she suggested I go onto the Judicial website and read "A Guide to bringing and Defending a Small Claim" and prepare my Witness Statement as the Claim still stands at £257. I will now hear from the Small Claims Court. What do you think I have to do now - just wait until I hear from them again? Can you give me a rough time frame for what will happen next?

Thank you Andyorch. That is really helpful. I have done that and let's see. I will keep you posted.

I should sign the Consent Order and return it to the Court signed and ask in the same email whether I can be refunded my application fee. ? Should I copy VCS into the email? Or should I send two separate emails - one to VCS with signed Consent Order and a different one to the court asking for a refund because the court set aside case will now not need to go ahead. Will VCS contact me and ask again for the amount £257 - what do you think? Thanks

I have not done anything yet. I think I am meant to sign it and send it back, but I wanted to check with you all first - what is my best course of action Do you mean made me pay the court fee of £255? Will they come back and ask me to pay the Charge - which I will not? Should I email them and ask them to refund my court fee and then I will sign it - and then what if they say "no"

Dear Sirs Please find attached a consent order for the above claim number and we request that this be placed on file for the hearing listed for 12 November 2021. Please be advised that a copy has been sent to the defendant. Kind Regards Phoebe Robbins ELMS Legal Limited Consent Form.pdf Please can you confirm what next - do I have to sign it and send it back to the court. Does this mean no Set Aside Case? Please advise soonest. Thanks

I just read witness statement and think I should mention that the driver stopped for 13 seconds according to the CCTV photograph. I think I should add what is below in red to the Sequence of Events: On 30th September 2020 at 14:27 the driver of the vehicle........ drove into Bristol airport, by mistake, looking for the Covid Testing Centre reportedly at Bristol Airport. The driver was preparing to travel and therefore needed to complete a PCR test. It was raining heavily at the time and the driver could not see any signage easily, due to the inclement weather conditions. The driver hesitated at the stop sign marked on the road, for 13 seconds, looking for signage for the Test Centre. There was no traffic, so the driver was not causing any congestion at the stop sign. The driver was merely unsure of where to drive to next. As a result of not seeing signs to the Test Centre, he drove out of the airport and found the Test Centre right next door. The driver did not get out of the vehicle or park, merely hesitated before driving on. I have just sent everything off to Bristol and got the confirmation email that they have received it. I will let you know how it goes on Monday after 1pm. With a big thank you to everyone for your patience and dedication in helping me. I am so grateful to have all your advice. Best & fingers crossed.

Also (another silly question) do I print everything out ie. Witness Statement and Draft Order and sign them and then send (email) them as a jpeg file from my phone? Should I attach the word document that I can't sign as well or just the jpeg file with my signature on the docs?

Perfect I will do that also.

Ok I have already submitted the Draft Order with the N244 dated 15.9.21. Sorry I am a bit slow, I made a copy of it and sent it together with the N244 and evidence etc. It is exactly the same as Andyorch has shown me above. So now I just have to file all the documents by email to the Bristol Court. ie. 1. My Witness Statement with the all the changes FTM Dave made: As you've put headings, above (5) I would add Why I Did Not File A Defence. Cut out the bit in (5) "She last collected mail ..." It's irrelevant and would only confuse the judge. Change the heading "Defence" to "Outline of Proposed Defence". Apart from that it's fine and IMO ready to go. 2. My list of legal costs to date and what I expect to incur going forward - this I will just keep to hand, I will not send 3. My evidence which I will attach to the email. 4. In a separate email I will give them my contact details in Guernsey and my mobile land line I hope this will have covered everything and I will be ready to go on Monday at midday. I hope you don't mind me spelling it out, but it is a minefield when you have never done this before!

I don't know what IIRC means, but please let me know if: 1. I should include a it at the end of my WS or have it on a separate printed sheet? 2. Should I write it like this: Draft Order Costs the Claimant has incurred to date: £255 - Set Aside Application Fee £ 9.54 - Post £ 10 - Printing Estimate £30 for printing & postage (Costs expected if set aside granted and later hearing on-line) £950-£1000 for printing & postage and flight Zim-UK (Costs expected if set aside granted and later hearing NOT on-line) The Claimant shall pay the Defendant his costs of this application and case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975. Shall I include Legal Aid and make a donation to your wonderful web page that helps everyone? Hoping to get this off today, so would appreciate answers asap.

FTMDave it has taken me ages to get my photos into pdf files to post on this site. I hope it works now as I was only able to do one in Adobe and then it refused to do the other 2 pages. So frustrating as it takes me ages and wastes so much time. please take a look at this - I have modified as per your comments - hope it is good to go now. With thanks On the Notice of Hearing Application it also says "The parties should note that, at any hearing, the court will expect each of the parties to know the amount of legal costs incurred to date, and anticipated to be incurred to the end of the case". Please help me with this - I don't know how much to put. Defendants WS.pdf

HB thanks for that, I had not noticed - will change immediately

this the document I wish to submit to the Bristol Court asap together with the evidence: EVIDENCE Covid PCR Test result on 30.9.20 - but this has the drivers name (my husband) on it - so is this a good idea? - however it does prove he was actually looking for a PCR test centre on that day. Residence Permit in Passport - to prove I am resident in Zimbabwe Flight to Guernsey on 7.10.21 - when I left Bristol Flight to Zimbabwe (left Guernsey on 1st Nov, & then onward on 25th November to Zimbabwe - went to live in London in interim) - maybe this is unnecessary as it just complicates. However I did not go back to Bristol as had let my flat. Flight to Greece - Emirates 15/16 June 2021 - Proves when I left Zimbabwe - we had to go via Greece for 10 days to be able to enter UK (Zim was red listed at the time!) BA flight to UK from Greece - 26th June - DATE WE ENTERED UK THIS YEAR Covid Test results proving arrival in UK on 26th June - Test Results 6 July 2020 - release date Just need you to approve all the above as well as my Witness Statement above. Many thanks defendants WS.pdf

FTM Dave I put up my WS1 and WS2 pages for your approval before I email to the court, but my post seems to have been modified and I can't see them. Can you let me know urgently if these are good to go and my list of evidence - I wanted to know if you approved of everything I was going to submit. I am getting a bit anxious as set aside hearing is in 5 days time so tomorrow I have to submit my evidence via email.

FTM Dave thank you - will put it up this weekend for you to see and with what I will submit as evidence. Cheers for your response.

Thank you all for your comments. I now have to do a bit of reading and will come back to you with any further queries. Appreciate your time. Thank you I have a couple of questions - see below in red. 2. a basic reason why you do not own the sum claimed. What does this mean - I do not own the sum claimed? Does this mean that I have to prove I can't pay the £257 claimed? Please give me an example of what I should say. most set a sides concerning your reason one succeed without too much reliance upon 2. everything else you mention above are supplementary information to support 1/2. the only advantage to include it is to dissuade a further hearing. Will I have the option of going further after my judgement regarding my set aside? What do you suggest is my best option. Will I have to pay the £257 if I get my set aside? As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments Don't worry, you don't have to write a document like EL21's! Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same. Yes you are correct a lot of the arguments are very similar. Should I copy EL21's format of his Witness Statement - should I present my case in a similar format for the County Court Judge? I should be almost ready to present it to you to have a look - however it won't be so technical as EL21's (which was amazing).

Having never been to court I am quite apprehensive and need to understand what I am saying Can you give any indication how it will work - what I will need to say etc. Also I don't understand everything as I was helped to write my defence ie. 1. Schedule 4 of the Protection of Freedoms Act 2012 2. Locus Stands - the claimant is not the landowner - can I have the arguments why not being the landowner means he has know authority to issue a ticket - surely he is employed by the landowner? 3. Bristol Airport is covered by bye-laws, a traffic violation should be prosecuted in the Magistrates Court, a private company can't replace the police or magistrates - can you elaborate - what bye-law - any previous arguments on this point? 4. How do we know the claimant has not obtained planning permission for their signs which is a criminal offence (is it, why?) and makes it impossible to have formed a contract with the driver - what does this mean exactly? 5. How is the claimant claiming the debt, legal costs and an extra invented sum as an attempt at double recovery which invalidates the whole claim? How does it invalidate the claim? Thanks

Yes of course !

Hi there again. Sorry it took a bit of time as I had to get my tenant to forward my mail. this is what I have received. Hearing Date 15 November 12 noon - Telephone Hearing - 1hr - Bristol County Court need to: File with the court and serve the other parties with any skeleton argument in respect of my application I send an email with my the subject line format; “10am 21.05.13 Smith v Jones 1BS12345”. With my application I have to send through any documents that I intend to rely on at my hearing Also I have to makes sure the other party is copied in. Do I just use their email: [email protected]? Your advice now would be so gratefully received - ie. how to make an application and what documents I need to substantiate my application. Notice of Hearing P1.pdf Notice of Hearping P2.pdfJust so you can see Page 2 as well.