And? Again, I’ve struggled to upload a simple copy of this order as a pdf. I have a blacked out copy which I’m prevented to upload as it’s a JPEG. let me try again..

Yes, will do.

Good morning I have now received a date for my set aside for November 2022… I am very surprised at how long this has been delayed however at least now I have a date to work to. kind regards

Good morning i have been watching this thread for some time as I too am going through a very similar issue with VCS. May I wish you all the very best today.

Good afternoon I contacted the court via email and telephone and as yet the only information that I have regarding this process is that a judge had the case details on the 7th March. I have also been informed that I will be notified if any progress within 5 days - 5 days ago. A very long drawn out process going on here…

Hello Thank you for your interest. I'm still waiting for the set aside date to be set. I have the confirmation that the court received my application etc but have not had a date through. I’m surprised at how long it’s taken and had thought that perhaps I’d been lost in the system but apparently not. I will update this post when I have more information and will detail the result of the hearing once I eventually have one. Thank you once again.

Thank so much for your help. I have now completed an attempt via my phone..which I'll upload now as a start Thanks once again B Draft Set Aside Application.pdf

Hello Ok, will do.. I'm terrible around a computer. I've removed the above and will re post now. Many Thanks

Good morning I have yet to receive anything in response to my SAR request, although they have until tomorrow (8th) to comply. As a result I'm eager to get my set aside application in and have uploaded amended details as per recent posts. I have watched with interest ZIM's application process. Upload to follow now

Good evening Please... In terms of a draft defence for the purpose of the set aside application is this enough or do I need to more depth? PROPOSED DEFENCE Locus Standi - the Claimant is not the landowner; Southend Airport is covered by bye-laws, a traffic violation should be prosecuted in the Magistrates' Court, a private company cannot take it upon themselves to replace the police or magistrates; I do not believe the Claimant has obtained planning permission for their signs which is a criminal offence and makes it impossible to have formed a contract with the driver; the Claimant is claiming the debt, legal costs and an extra invented sum as an attempt at double recovery which invalidates the whole claim. It seems too little information, but I assume its propose is for the judge to see a valid defence should the seta side application be successful? As always, thank you

Thank you

thank you Will continue this tomorrow evening at work. Trying to get to grips with a defence now. I’ve misunderstood the whole process I think… the application is purely that, an application to be heard in front of a judge. So long as I can show a suitable defence, and explain why I didn’t respond etc - moved house etc etc. I’ve got myself tied up in the defence and how I will present it at the set aside hearing - from what I understand the defence isn’t looked into as to how strong or weak it is so long as I show a valid defence then that part of the criteria has been met. The defence becomes the challenge after the set aside has been granted and VCSL pursue the claim from before the judgment was awarded. I think… Thank you both for your interest, it is very much appreciated. I hope I can add value to this site at some time. I’ve read Zimbird’s thread and was also interested in a previous thread from ( can’t recall off hand … ‘Woody’ ?) A point I should have thought to mention is the passenger got out of the car when stopped in the no stop zone. Zimbird thread mentions the driver was stopped and show no one getting in or out of the car… Is that a spanner thrown in…? all the best B

Thank you for this. I’ll continue with the preparation and upload later today. I’ll send SAR to VCSL. Confused - VCSL had agreed to a set aside with consent provided I paid the balance in full - I assumed that that would also remove the CCJ as it’s with consent? Thank you once again for the moral boost. regards

Good morning. Thank you very much for your interest. No I do not have a copy as such. I contacted NCC for a copy but they could only send. Me the contents of in an email, but not the original, or a copy of… They did inform me though that the claim form was sent to my old address… Would this not be a valid reason that I did not receive a copy…? As much as I’d loath to, maybe the offer from VCSL to pay the ( ridiculous) balance and the £100 consent charge seems my safest option. I can’t have a CCJ… B Good morning. im concerned now that I’m clutching at straws.. I was looking to argue a Mandatory sea aside the default judgment under CPR 13.2 on the basis that VCSL failed to take reasonable steps to ascertain my last known address. I’m aware, from them, that they checked with DVLA ‘but’ that was all they did… Am I clutching at straws here…? I was to argue that the length of time from the first letter and obtaining judgment and lack of response from me, VCSL ought to known that there was a possibility that I was no longer at that address and made another search..? The failure to carry out reasonable check as to my last known address, service of the claim is deemed invalid - and the time limits for filling a defence didn’t expire… My thoughts are if VCSL didn’t completely comply with the rules, and because the claim form went to the wrong address because of this it was invalid service. Is one check of a persons address enough? DCBL we’re able to locate my current address with the same details available to VCSL - thoughts..? Am I pushing it here…? I’m now thinking I should settle with consent and pay the amount as much as I’d like to fight this injustice, I can’t afford a CCJ to prevent a change in mortgage etc etc etc. B Good morning. Particulars of claim: 1.CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, ( number plate ), WAS IDENTIFIED IN THE SOUTHEND AIRPORT ON THE (date ) 2019 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY STOPPING IN A ZONE WHERE STOPPING IS PROHIBITED. 2.AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. 3.THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. 4.THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. 5. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, 6.AND THE DEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. 7.THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST. I’m preparing my white flag… Issues: 1. Promptness. 13.2 Mandatory set aside: If successful under a mandatory set aside 13.2 then it’s not an issue ‘but’ I think my argument now feels stretched in relation to the wrong address and time limits for a defence not expiring. I am considering that VCSL contacted DVLA, albeit only once, and have claimed that they did not receive any mail ‘returned to sender’ which they argue did not give them reason to believe I had moved but that I was ignoring their correspondence, ‘as a lot of people do’ ( their words in an email ). 13.3 Discretionary Set aside: I’ll struggle with promptness under a discretionary set aside 13.3 as it’s a consideration along with level of defence etc. I may have a defence but do I have a chance considering the time scale between knowing about the CCJ and applying for the set aside? I could argue that VCSL took time to answer emails and of course it took me sometime to established my options and find out about how to go about it. It was over whelming but that won’t be a defence for the promptness. As a side, an immediate family member died after a relatively short illness in September, which involved me travelling up to Norfolk twice week for 2 months prior. This was a factor in this application taking a rear seat ‘but’ I’m not sure this would be taken into account considering the time scale. 2. Cost. I could agree to their terms and pay the outstanding balance of £275 plus the £100 set aside cost and clear the CCJ for £375 If successful under Mandatory 13.2. the application fee/cost (£255) are awarded to me. However, I I doubt I’d get them awarded under 13.3 even if successful. My thoughts, if successful, are that the judge may consider that a check to DVLA was enough ‘not’ to have costs awarded against the claimant. As I understand it cost aren’t automatically awarded under a successful discretionary set aside under 13.3 (?) 4. The Principle… The injustice of this concerns me and I feel I should fight this and perhaps make a stand, however, we all know that the law is written and despite my circumstances I have to work to it and not against it. I overall aim was to remove the CCJ, however, since researching VCSL and the stress of receiving a back door CCJ I have seen a ‘possible’ outcome which may not favour the claimant, which in the circumstances I have, until this morning, been keen to pursue. I need a coffee… B

Thank you very much for your input. I’ll remove and change to PDF - thanks for that, I would never have known. I’m now concerned about the time period… I’m sitting down with this in the morning and will post up - thank you for your attention much appreciated