VCS PCN CCJ - Headford Gardens. want to set aside- ***Set a side/withdrawn***

[MONGOOSE555]

Hi

 

Last year I received a speculative invoice which I challenged, this eventually lead to a claim via Northampton.

I entered my defence online, but it appears it was not processed in time before the CCJ was issued.

 

 

History

Last September I was ask to conduct a property inspection on private land, I understood the parking rules.

I parked in the allocated parking area for the property , entered the property to obtain the permit

I started return to my car to place the permit on the dash and that is the last thing I remember.

A member the public found me unconscious by my car.

 

He called emergency services,  treated by a paramedic who called for a ambulance crew and transported to AE  for 8 hours where received treatment for my head injury.

Legally and medically I was unable to drive as advised by the doctor in case of relapse 

 

Are these good reasons to go for a set aside of a ccj and can I get the hearing transferred to my home town

If so, can I get some help in preparing the n244 form for set aside of ccj

 

Cheers

[dx100uk]

its wasn't a fine

fines are a criminal matter and administered by a magistrates court

a CCJ can only be issued by a county court which is a civil court..

 

that sadly is not a very good set aside reason.

why do you need it set aside?

 

[MONGOOSE555]

because I do not want it on my credit file for six years

 

[dx100uk]

well that might be a mitigating defence for the claim itself.

but certainly not a reason to get it set aide sadly

 

it might be worthy to get all the info up you have as I cant see any previous posts relating to this  issue

 

scan up any/all paperwork you have regarding the initial claim

your defence too

all with dates too please

one multipage PDF only PLEASE

read upload

 

give us something to get our teeth into.

 

 

 

 

 

[ericsbrother]

you can apply to have the judgement set aside,

you dont need a reason other than showing that you have a reasonable chance of defending the original claim.

 

The Supreme Court made a decision that means you no longer need to show that the service of the original claim etc was faulty.

 

so to help you with that we need to know the where and whens of all that has happened so far.

I bet that the original charge notice was faulty to begin with but appealing usually cancels out most of that.

 

Where, when, who, is it near enough for you to get pictures of the signage as that will often be so rubbish as to not create a contract in the first place.

[MONGOOSE555]

I had a epileptic seizure which made me unconscious before the permit was in the car they would have seen it

 

Claim form issued 21 Feb 2019, 28 days for defence

Created a Gov gateway at 16.19 on 19/3/2019

Entered my defence before 17.00 19/03/2019

Defence filed two working before deadline

Judgement issued 19.11 hrs on 19/3/2019

 

On the letters I received the only picture they have is the rear of my car, surly if you are medically incapacitated, that has be the best defence to over turn

[Mrs O'Frog]

frustration of contract (if there was ever even a contract) - just throwing one in as I whizz though - rl hectic atm!

[dx100uk]

you lost the claim as you didn't acknowledge it {AOS}  within 19 days

[dx100uk]

can you please complete this

 

[MONGOOSE555]

Name of the Claimant  Vehicle Control Services

claimants Solicitors: none

 

Date of issue – 21 Feb 2019

 

Date of issue  21 Feb 2019

 

What is the claim for – Particulairs of the claim, The claimants claim is for the sum of £160.00 being monies due from the defendant to the claimant in respect of a charge notice(dn) for a contravention on 21/09/2 to do so 018 at Headford Gardens.

The cn relates to a Citroean c4 under registration xxx the terms of the dn allowed the defendant 28 Days from the issue date to pay the cn but the defendant failed . Dispsite demand having been made the defendant has failed to settle their outstanding liability.

The claimant seeks to recovery of the cn and interestunder section 69  of the county court act 1984 and interest at the rate of 8%at the same rate up to the date of judgement or earlier payment 

 

What is the value of the claim £185.00

issued by the Private parking Company 

Were you aware the account had been assigned – did you receive a Notice of Assignment  NO

 

ps, my partner was driving the car at the time at car and the address mention in the claim is incorrect it Broomspring Close not Headford Gardens, two separate address and flat complexes, if that helps

 

 

 

[honeybee13]

Hi.

 

I've removed you car registration to keep this anonymous for you.

 

HB

[ericsbrother]

You have to acknowledge within  a fortnight of the issuing so by only creating an account on the 19th you had missed that deadline (7th march)

 

Now you should phone the court and ask for a set aside now because it will cost you less as the matter is still in the system so to speak. I think the fee at this stage is £80 rather than £255.

You have many good points for a defence so VCS are likely to lose badly if they continue and may well end up bearing your costs for their unreasonableness if they want to object to the whole matter being binned and go for a new hearing.

[MONGOOSE555]

can I get some help regarding the defence wording, I am not very good at this stuff

[honeybee13]

I suggest you make a start on a defence, Mongoose, then people can help you to build on it.

 

HB

[dx100uk]

topic title updated for clarity.

[ericsbrother]

get the form first, have you spoken to Northampton as you could still get this set aside for free or at a reduced rate

[MONGOOSE555]

Sorry just got back from work, because of the topic change are you saying they want to set aside the ccj and will not challenge

 

Edited March 22, 2019 by MONGOOSE555

[dx100uk]

no how would we know that.

the n244 is in the legal section of our library you don't need to get if from the court.

 

[MONGOOSE555]

Hi

 

I am currently exploring all options, is the following true, if you pay a ccj off within 30 days from judgement  it will not appear on your credit file, is that correct.

[BankFodder]

Yes

[AndyOrch]

6 hours ago, MONGOOSE555 said:

Hi

 

I am currently exploring all options, is the following true, if you pay a ccj off within 30 days from judgement  it will not appear on your credit file, is that correct.

 

28 days which lapsed on the 20th March.

 

 

 

Andy

[brassnecked]

Yes sadly too late, if you paid it all off now it would still show for 6 years with a "Satisfied" marker so still damaging.

[ericsbrother]

ring the court as you may still have time to challenge the judgement. If they say no then you fill out the N244 to ask for a set aside. You will win the rematch unless you manage to shoot yourself in the foot

[MONGOOSE555]

I have no choice I will go for a set aside and start to prepare my basic defence and will post later for general advice

[MONGOOSE555]

My Defence and question can I use the mcol website to file for a set aside, I seen one attached to my case

 

1. I was not the driver the car at the time at the alleged offence and informed VCS verbally and in writing that the second registered driver was using the car at the time on there website contact page, they failed to respond.

 

2. It is denied that the Defendant parked in the Headford Gardens Apartment Complex at the times mentioned in the Particulars. The claimant is put to strict proof of the same.

 

2. The Claimants particulars are incorrect the vehicle was parked at different Apartment Complex with a different address, when the second registered driver suffered a epileptic seizure which made

   him unconscious in the car par and requiring paramedic, ambulance and 8 hours in AE hospital. The NHS have a record of the timeline which can confirm the above statement.

 

2. The second registered driver had permission from the property and parking bay landlord to use his property to conduct property inspection and maintenance works on his behalf at Apartment Complex called Broomspring Close not Headford Gardens which are different addresses in Sheffield.

 

 

2. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

    

3. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all."