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

[honeybee13]

Hi.

 

Pedantic point not to do with parking specifically. In pdf1, your point 4. Do you mean it was inclement weather that prevented the driver from seeing the signs properly? You've put 'clement'.

 

HB

[Zimbird]

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

[FTMDave]

No, what you have prepared is not enough.

 

1.  It explains what happened on the day, which is fine, albeit a bit lengthy.

 

2.  It contains a draft defence, excellent.

 

3.  But what about explaining why you didn't defend the action?  That's completely missing.  Between your sequence of events and your defence you need to explain all the stuff about Zimbabwe and never receiving the court's letter.  You can just adapt what you wrote in your set aside application.

[Zimbird]

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

[FTMDave]

Much better.

 

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.

 

I haven't a clue what to write about costs.  Guessing, something like

 

   Costs to date - £255 set aside application fee

   Costs expected if set aside granted and later hearing on-line - around £30 for printing & postage

   Costs expected if set aside granted and later hearing not on-line - around £730 for printing & postage plus return flight Zimbabwe-UK

 

I haven't a clue how much a return flight from Zimbabwe to the UK costs, obviously change my figures.  If anything make the figure as high as possible without lying, to terrify VCS!

 

  

[AndyOrch]

With regards to costs you really should have attached a draft order to attach to the n244 stating what order you request from the court.

The draft order would conclude with something along the lines of.....

 

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.

 

Then prepare in advance a list of costs to date to have handy for the hearing.

 

Andy

 

[FTMDave]

IIRC Andy drafted the order you want the court to make earlier in the thread, so that should be easy to find and include.

[Zimbird]

1 hour ago, FTMDave said:

IIRC Andy drafted the order you want the court to make earlier in the thread, so that should be easy to find and include.

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.  

 

[AndyOrch]

On 15/09/2021 at 11:35, Andyorch said:

 

######### Draft order######

Between

 

Claimant xxxxxxxx

 

-and-

 

Defendant xxxxxxx

 

Draft Order

 

It is respectfully requested the that the Judgment dated xxxxxx claim number xxxxxxxx issued under Part 12 CPR be set aside pursuant to CPR 13.3. a/b.

 

It is Ordered

 

The Claim be set a side and the defendant be allowed to defend the claim

Costs in this application

 

 

Signed 

 

Dated.

 

 

 

 

 

 

No.....I have already posted above what a draft order should contain. The detail of costs can be wrote on a separate itemised bill with breakdown.

[FTMDave]

Quickly, as I'm posting during a work break.

 

Scroll though your thread from the start, looking out for posts from Andyorch.  Somewhere there is a draft of what you want the court to order - set aside.  Add the two lines to it that Andy has suggested.  This should be a separate document to your WS.

 

The costs - I think - should be a separate document again.  Not sure.

 

Ignore legal aid and sadly you can't claim a donation from us from the fleecers!

 

EDIT: cross posted with Andy.

Edited November 11, 2021 by FTMDave
Extra info added

[AndyOrch]

The draft order goes with the N244 ...tick the appropriate box on the n244.

At the end of the draft order include the paragraph I have posted.( not the itemised costs or figure)

 

Your Itemised bill of costs stays with you just for reference and amount and be handy on the day of the hearing if the judge refers to it.....I doubt costs will be awarded anyway given this is a set a side hearing....the costs will only be allowed on the conclusion of the case and if you succeed in defending the claim.

 

 

 

.

[Gick]

IIRC = If I remember correctly.

[Zimbird]

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!

[FTMDave]

You need to send the Draft Order again.  I know it's daft as you've already done so, but include it again with the words Andy suggested at the bottom.

[Zimbird]

Perfect I will do that also.

[Zimbird]

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?

[dx100uk]

you certainly dont use jpg use PDF.

poss scan as jpg after you've signed it then convert the lot to one mass PDF?

[Zimbird]

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. 

[FTMDave]

Yes, fingers crossed!

 

And yes, please let us know how it goes.

 

You don't know this, but you are indirectly helping other people too, as we've had others on here recently who have had backdoor CCJs, and if you can do it it will help them too.

 

Give the fleecers hell!

[brassnecked]

You have done well so far so good luck and give the fleecer's a kicking.

[Zimbird]

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

[dx100uk]

and you agreed to this already?

ive seen no previous toward a consent order.

basically they've agreed to your set aside but made you pay the fee

[Zimbird]

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"

[AndyOrch]

Simply means they have no objection to the application and the setting a side....in reality this means that a hearing isn't really required and the claim will be reset.

 

I would query with your local county court and ask if the hearing can be vacated and that your application fee is refunded ?

 

Claim a court fee refund - GOV.UK

WWW.GOV.UK

---

Guidance and form when applying for a refund of court fees. Fill in the form online and email it to us, or print it off and send it by post.

 

.

 

[FTMDave]

This does beg the question of why the idiots didn't reply when originally contacted about a set aside by consent.