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Unknown VCS CCJ - Bristol Airport - Stopping in a zone where stopping is prohibited . Was abroad


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My supposed offence was logged on 30 September 2020 at 14.27 (looks very dark ie. raining heavily)

I stopped from 14.27.06 to 14.27.43  - precisely 37 seconds.  I was unfamiliar with where I was meant to go, so no doubt hesitated whilst driving.

To be honest I can not remember why I was there, but no one was in the CCTV pictures getting in or out of the vehicle.

 

The problem is I live in Zimbabwe so all the correspondence went to my home address in England that was not answered.  So I have received everything at once on arrival back in UK.

Charge Notice

Demand for Payment 

Final Demand

Notification of Instruction - ELMS Legal

Judgement for Claimant (in default) - In the Country Court Business Centre

Claim Form - In the County Court Business Centre

Notice of Judgment in Default - ELMS Legal

Outstanding County Court Judgment - ELMS Legal

 

I notice that you have people on your site that are really knowledgeable.  I just need to know what I should do, if anything now?

Thank you for your expertise and I look forward to hearing from anyone with experience.

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it might be cheaper to simply pay this.

set aside is £255 with no guarantee of winning.

 

when was the judgement handed down?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It was 8th June and I left Zimbabwe on 15th June.  

It says sadly we have failed to hear from you following our latest correspondence on 19.5.21 and we advised that ELMS Legal issued a claim against you on behalf of our client VCS Ltd.

As this was not responded to within 14 days a default judgment has been entered against you on 19.5.21.

According to our records the unresolved debt stands at the sum of £257

I  now have 30 days to contact them otherwise I have a CCJ on my credit file.

Is there any way I can explain and back up my argument with flight and passport stamps.

Any advice

 

Ok I see you gave me the link - I will phone them tomorrow and fill in a N244.

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Well, if judgement was 19.05.21 then you're already far too late.  You'll have had 30 days from that date to pay.  You didn't so you'll already have the CCJ.

 

You have two options, neither very palatable.

 

1.  Apply for a set aside.  The judge will want to see (a) an outline of how you intend to defend the case and (b) evidence of why you didn't defend when you had the chance.  This should all be quite easy.  However, it'll cost you £255.

 

2.  Simply do nothing.  It's unlikely VCS will do anything else.  But you'll be stuck with the CCJ for six years.

 

It depends on your personal circumstances and how serious the CCJ could damage you.

 

Just to be sure, can you upload a copy of the court judgement?

We could do with some help from you.

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if the judgement was in june the CCJ is already registered on your credit file...have you checked?

nothing you can do about it now its there for 6yrs paid or not.

 

 

going for a set aside is pointless 

you have a reason whyyou didn't get the forms, you were abroad longterm and can prove it

however, you'll have very little chance of defending the claim as all the issues we use here like they dont own the land, byelaws etc are all paperwork wriggles that are now trumped by the default judgement and mean nothing sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

No I haven't checked yet whether the CCJ is on my credit file - as I read it costs £10 to find out - so I didn't go further.  I can though if you think it is important to know.

 

If I wait and do nothing - as I am heading back to Zimbabwe in another month, what happens if they send the bailiff.  Will I end up paying more?  I normally rent my accommodation and I don't really want my guest to have to deal with a bailiff.

 

 

 

 

 

 

ELMS legal Judgement letter.pdf

Edited by dx100uk
pdf sorted
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There's no easy solution to your problem.  It's certain you have a CCJ.

 

Regarding bailiffs, we have hundreds of VCS cases here, including some where people have got a backdoor CCJ like you, and I can't remember one case where VCS have involved bailiffs.

 

If they did, they would have to apply to the court first so you'd know (well, you would if your post was checked in the UK, but it seems it isn't).

 

To be absolutely sure, when you move you could tell VCS, although I'd guess they would say they "couldn't" accept a Zimbabwe address.  You could sweeten it by saying you've moved and to use e-mail from now on (normally we say don't use e-mail but your case is out of the ordinary).

 

What's the post like from Zimbabwe to the UK?  If reliable and reasonably fast, you could send your letter from there which would be more convincing with Zimbabwe stamps on the envelope.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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So you rent out a property you solely own? I'e an asset in the uk?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry not to respond sooner - have been out all day.  My husband had an op today.

We own the flat we have in Bristol and that the post came to, just rent it out when we are in Zimbabwe.  

 

I was thinking of ringing ELMS legal tomorrow  and finding out if it was too late to pay and have the CCJ removed.  I am prepared to give them my side of the story regarding not seeing any of the paperwork as I was out of the country.  I am prepared to pay if by some chance they haven't given me a CCJ yet or if it can be removed

However I don't want to pay and then have it still linked to me.

Do you think it is worth a phonemail?

I am likely to try and rent a house in England in the next 6 years.

 

Can you believe it.  I have also opened a letter from dcb legal.  It is a Letter of Claim.  This time it is addressed to my 23 year old son. he parked in a Motorway Carpark after working late as a waiter on a catering job. He finished in the early hours of the morning and was so tired driving on the motorway that he pulled over to sleep in Moto Bridgewater.  This was on 23.7.2017.

 

We appealed it and told them he just slept over the hours he was meant to be parked there.  He slept in the car, did not get out.   His appeal was denied - but I was so incensed at the time that the appeal was denied, I said I would happily see them in court. There are always notices up on the motorway saying don't drive tired.

 

The original parking ticket is in time but I think he over stayed by an hour - parking at 4am to 9am in a deserted car park.  

I thought it had gone away but we have just received this in the post below on 26th July 2021.

I seem to be inundated with problems re driving and parking! 

Your assistance here would be greatly appreciated too.

Joss DCB Legal Moto Bridgewater 2.pdf

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Hang on a minute!

 

Before you go down this road there are some things to take into consideration.

 

1.  You have definitely got a CCJ.  You didn't pay before the deadline set by the court.  So - CCJ.

2.  Elms Legal are not real solicitors in the traditional sense of someone who represents a client and will correspond and negotiate with you.  They make a few quid from VCS for sending threatening letters in cheapy litigation.  If you go down this route you need to contact VCS directly.

3.  Paying VCS will not remove the CCJ.

 

One avenue you could try - no guarantee of success - is to propose to VCS that they consent to a set aside at your expense, after which you admit the debt and will pay it.  If they accept, you get rid of the CCJ for £100 instead of the normal £255 and also pay the fleecers £257.

 

However, take 24 hours to think about it (which give the other regulars a chance to comment).

 

Given we despise VCS here we'd prefer you simply didn't pay anything!  But that would lead to the CCJ on your credit file for six years.  

 

We could do with some help from you.

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Regarding your son, get him to start a new thread please as the two cases concern different people and tickets issued for very different reasons.

 

As it's a Letter of Claim he needs to reply and show the fleecers he would be big trouble if they did try court.

 

What a disgraceful industry that is quite prepared to put people's lives at risk by denying them a decent rest while driving at night on a motorway.

We could do with some help from you.

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ive sorted you earlier PDF issues post is now back up.

 

why don't you pop up on trustonline.org court site

for i think £3 it will tell you if the CCJ is registered , obv use your uk address.

 

as for the other speculative invoice your sons got

easy dealt with to prevent further damage but we need to you start a sep thread on that please.

 

go see if the CCJ is registered please.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok thank you for your advice.  I will start a new thread for my son and also go and see if my CCJ is registered.  Hold one.

Can't tell you how grateful I am for your help.

 

Ok I have just been to the Trustonline.org.uk that you suggested and yes the CCJ has been registered against my name.

They gave me a number of the Country Court and date of 19th May.

I was still in Zimbabwe on that date with no idea at all that I had even been charged for stopping for 30 seconds.

It seems crazy!

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then the ONLY way to REMOVE it, (its there for 6yrs now, paid or not, doesn't matter) is to ask if VCS will REMOVE the CCJ if you pay the balance . i very much doubt a set aside (other than by mutual consent as explained above) will work.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ok so just to understand you totally.

Can you help with the below questions:

 

1.  To phone VCS and appeal to them to give me a set aside?  

But am I right in saying to get a Set Aside I would have to pay the court £255

and also fill in a N244 - which means I would be asking for a court hearing?

I have been through the form and there are a few questions I would have to have help with.

 

2.  When you say below:  Why would I get rid of the CCJ for £100 and would I still have to pay the VCS £257?  Sorry I don't quite understand exactly what it would cost me if I was lucky?

"One avenue you could try - no guarantee of success - is to propose to VCS that they consent to a set aside at your expense, after which you admit the debt and will pay it.  If they accept, you get rid of the CCJ for £100 instead of the normal £255 and also pay the fleecers £257".

 

3.  How badly does a CCJ effect you if you want to rent a place - is it worth fighting for clearance.  Or when you go for a job or to rent a house, should you just come clean and explain how you got it?  

 

I totally agree with you anything to not pay these crooks.  Really stopping for 30 seconds because you are unsure of where you are going - this is unbelievable that it has come to this.

But lots of lessons being learnt.

 

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set aside by mutual consent could be free IF they agree to REMOVE the CCJ IF you pay the £257 sum, or it could cost you £100 (papers only no hearing, again IF they AGREE to REMOVE the CCJ).

 

i can't see any point in paying £255 to set aside and request a full hearing as that obv means they are NOT removing the CCJ, and i doubt you would WIN the re-hearing.

 

typically we see a CCJ that shows on your credit file as settled or not definitely affecting being able to rent. and getting a mortgage etc.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No!  Wait a minute.  I'm writing a post to answer your questions.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Posted (edited)

I'll answer your questions, but remember in all this that even paying the CCJ won't make it go away, you're stuck with it for six years.

 

1.  No, don't phone VCS.  If you do things over the phone you have no proof of what was agreed (unless you record your calls).  This is true in any legal situation, but even more so with VCS who as you've seen are a bunch of crooks.  Twice this week they have told Caggers that they are going to apply to courts for normal costs plus an extra £220 - this is a complete lie designed to scare people.  You need to do everything in writing and be very, very careful.  In fact please liaise here over everything you do.  Recently we had a case where someone was conned into paying a CCJ - and it was not then removed.

 

2.  The only way to remove the CCJ is to apply to the court for a set aside.  This normally costs £225.  My fellow Site Team member dx100uk is very pessimistic about the court granting a set aside.  However, if VCS consent to a set aside, the fee is reduced to £100.  Realistically the only way VCS would consent is if you agree to pay their £257.  So you would end up paying £100 + £257.

 

3.  As dx says above, we constantly have people here who have problems with banks because they have a CCJ.

 

So how about sending something like this to VCS -

 

Dear VCS,

 

Re: PCN no. XXXXX, County Court case no. XXXXX

 

as I live abroad I have only recently picked up all together a number of pieces of correspondence starting with your PCN and ending with a county court judgement.

 

I had no opportunity to pay the PCN within the normal time frame or to use the appeals procedure.

 

This letter does not admit liability.  However, I would be willing to pay the CCJ amount of £257 were you willing to consent to the judgement being set aside.  You would be paid and I would be free of damage to my credit file.

 

I look forward to receiving your reply as soon as possible.

 

Please don't rush out and send my suggested letter off.  We are treading on eggshells here with VCS and I would like the other regulars here to have a look first.

 

BTW, do you still have a cheque book?  If so we could suggest a post-dated cheque as an extra carrot for VCS.

Edited by FTMDave
Typo

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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FTM Dave - that is really useful.  I am in no hurry actually.  

Your letter is a great help.  I can embellish it a bit.

Yes I do still have a cheque book.  

I will not act until we are all in agreement.

So very many thanks

Julia

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OK, I've asked Site Team members with much more experience than me to look at the draft of the letter in post 21, who have said it's fine.  So go ahead and send it off.  Just change the one sentence

 

You would be paid - say by post-dated cheque - and I would be free of damage to my credit file.

 

Normally we say not to use e-mail as e-mail means the fleecers can file court documents at the last second ... but as the court action has already gone against you I don't suppose it makes much odds.  On the other hand them having to open an envelope formally might make them take more notice.  If you do use snail mail then get a free Certificate of Posting from the post office.

 

There is not guarantee of success here, it depends on VCS, but for the sake of a stamp it's worth a go.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Looks like the best way to sort, VCS might be amenable given the fact you were out of the country. and had no knowledge of their ticket or claim, they are greredy enough to want the cash, but you tie them into written agreements to remove CCJ.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Ok I can write the letter with the amendment suggested.

A few last questions.  I can post 2nd class tomorrow from Bristol - what date should I put on the cheque?

Also what if they cash the cheque for say 1st September and they don't remove my CCJ?

Typing up the letter now.

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Use email

dont send them a cheque yet.

sEe if they bite

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Unknown VCS CCJ - Bristol Airport - Stopping in a zone where stopping is prohibited . Was abroad

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