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

[dx100uk]

On 15/11/2021 at 12:18, Zimbird said:

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.

 

[dx100uk]

you should get a general form of judgement or order detailing the date of the new hearing and exchange of WS's is typically 14 days before the hearing.

thats why mcol wont work, its at your 'local' court now, MCOL (northants bulk) plays no part.

 

 

[FTMDave]

Still confused.  When Rmg2020 got their set aside, the judge ordered that they file a defence within 14 days.

 

Zimbird has filed no defence.  Unless the judge accepted Zimbird's draft defence in the set aside application as an actual defence?

 

In any case both Zimbird and Simon should have received some sort of order after the hearing.  "The judge orders that judgement is set aside ..." with maybe more added.  Otherwise how would Simon know the CCJ had gone?

 

 

[dx100uk]

should follow std procedure now

DQ N180

then N157 then.

 

[Zimbird]

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?

Edited November 23, 2021 by Zimbird

[dx100uk]

can you access your credit file in the UK?

[Zimbird]

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.

[Zimbird]

This morning a letter arrived from the Bristol County Court it read:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

UPON hearing the parties and upon the parties having already agreed that judgement should be set aside

 

IT IS ORDERED THAT

 

1.  The judgement dated 19 May 2021 be set aside.

2.  The proposed defence attached to the Defendant's application stands as the defence, service dispensed with.

3.  The claim be allocated to the small claims track.

4.  No order as to costs.

 

Dated 15 November 2021"

 

and then the second sheet from the County Court of Bristol  simple states:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

IT IS ORDERED THAT

 

the judgement against M.....   ......    ..... dated 19 May 2021 be and is hereby set aside.

 

Date Order Made 15 November 2021"

 

This morning a letter arrived from the Bristol County Court it read:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

UPON hearing the parties and upon the parties having already agreed that judgement should be set aside

 

IT IS ORDERED THAT

 

1.  The judgement dated 19 May 2021 be set aside.

2.  The proposed defence attached to the Defendant's application stands as the defence, service dispensed with.

3.  The claim be allocated to the small claims track.

4.  No order as to costs.

 

Dated 15 November 2021"

 

and then the second sheet from the County Court of Bristol  simple states:

 

"Before District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol BS1 6GR.

 

IT IS ORDERED THAT

 

the judgement against M.....   ......    ..... dated 19 May 2021 be and is hereby set aside.

 

Date Order Made 15 November 2021"

 

[dx100uk]

great news.

 

so back to what i thought earlier...awaiting N180/N157.

[FTMDave]

Excellent news.  I was wondering about the court order and your defence.  The judge must have been impressed by your draft defence and both accepted it and allocated to small claims.

 

dx, will the OP still get the chance at N180/N157 stage to state the possible hearing dates that would be inconvenient due to being in Zimbabwe?

 

 

[dx100uk]

typically it totally resets things as to as if the claim had only just been issued but allocation has been mentioned so might only be N157 going fwd.

 

i find zims last post confusing though.

 

zimmy, please scan up these court letters in date ORDER and bothsides of every page to one mass PDF please.

we often find OP's that type court docs out miss VERY important sentences or type them out wrongly. or don't include things that are very important.

 

dx

 

[AndyOrch]

There wont be a DQ it will move straight to the Notice of Allocation.

[FTMDave]

So no chance in D4 to state dates when the OP will not be able to attend the hearing?

[AndyOrch]

He can submit a notice pursuant to CPR 27.9 and attach it to his statement/evidence Dave.

 

Non-attendance of parties at a final hearing

CPR 27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out^(GL) the claim.

[Zimbird]

The Bristol Court have got the message that I need papers emailed to me as I have tenanted my apartment, therefore have put a note on my file to email me in the future!

Therefore this "Notice of Allocation to the Small Claims Track (Hearing)" came through.  

Notice Small Claims Track P1.pdf Notice Small Claims Track 2.pdf Notice Small Claims Track P3.pdf

Edited November 30, 2021 by Zimbird

[FTMDave]

I can't remember, is 22 April in the period you will be in the UK, or will you be in Zimbabwe?

 

EDIT  I see it's an on-line hearing so I suppose it doesn't matter.

 

Pity, you could have threatened Simon with the expense of a return flight.

Edited November 30, 2021 by FTMDave
Extra info added

[Zimbird]

I was returning on 30 April, so I could just come a week or so before .  Is there any way of frightening the Claimant with a list of my expenses which I would be paid if the judgement went in my favour?  Then I could add the air ticket.  First prize surely is that they don't want to pursue the case?  How likely is it that they drop it?  

I would have to fly back as I don't think the phone lines are reliable enough and I don't think the court would be prepared to phone internationally.

 

[FTMDave]

I think you need to look into BT Meet Me and see what connecting from Zimbabwe would entail.  I haven't a clue.  I did a quick search and saw that there was something about numbers abroad that can be called at free/cheap rates but Zimbabwe wasn't included.  Do that and then we can see if there is a way to put pressure on Simon.

[brassnecked]

Should be enough about pursuing this case that should give Simon squeaky cheeks now.  The potential of a Zimbabwe return might focus his mind into a discontinuance.

[Zimbird]

See below.  This has been sent to the Court by Mohammed Wali and I was copied in.

The attached PDF documents he sent are:  

1. Claim Form Issue Date 28/4/21

2. of Hearing of Application dated 7/10/21

3. N244 - mine

4. Draft Order - mine

5. Proposed Defence - mine

6. Charge Notice - my original Charge Notice, where I calculated 37 seconds and wrote it on the top clearly

7. My Passport & Residence Stamp for Zimbabwe

8. My Evidence:  ie. flight to Guernsey on 7/10/20

9. My Evidence:  Arrival back into UK Release Report Randox Health 6/7/21

10. Statement of Truth - mine

11. Witness Statement - Mohammed Wali 

12. MW1 Site Information

13. Service Agreement Bristol Airport & VCS

 

 

 

Dear Sirs

Re: Vehicle Control Services Ltd  v Mrs xxxxxx xxxxxx  Claim no. 111111111 Hearing Bristol County Court 22 April 2022 by tel Part A 10:00 by tel 

This bundle is in 2 parts part A and part B 

We write in respect of the above matter.

Please find attached a copy of the Claimants witness statement and supporting documents in readiness for the forthcoming hearing.

We can confirm that we have served a copy of the same on the Defendant.

In the meantime if you have any queries please do not hesitate to contact us.

We shall anticipate for your reply.

 

Yours faithfully

 

 

 

   Mohammed Wali  

   Paralegal

 

  VEHICLE CONTROL SERVICES LTD   

   P1 Europa Link, Sheffield Business Park, Sheffield. S9 1XU   

 

   t:    +44 (0) 114 261 7373

   f:    +44 (0) 114 267 8009   

   e:   [email protected] 

 

I am currently trying to print 11. 12. and 13. above ie. his Witness Statement etc and will forward that to the group as soon as possible.

 

 

[FTMDave]

Yes, we need to see 11, 12 and 13.  As Wally has sent you PDFs you can simply redact using this  https://www.ilovepdf.com/edit-pdf  or a similar site, and then upload.

 

Have you looked into whether using BT Meet Me is realistic from Zimbabwe?

 

 

[Zimbird]

I have just tried to upload Wali's Witness Statement - it is 13 pages long - so I was unable to upload it the pdf file was too big

 

I used the "I love pdf" site - thank you it allowed me to compress the Witness Statement that I needed to send

The MWI was sent by them in a separate attachment and is loads and loads of pictures of signs that I will try and attach now.

Hope this opens ok

The land lines in Zimbabwe are not reliable enough to link into the BT system, I don't believe.  So I would be happier flying back for this court case - if you felt I had a chance of winning it.

 

 

 

This is Part B of the Witness Statement 

It has all the pictures included below pages 1-12 and then 

Pages 13-30 are:

MW2 Notices & Evidence

Charge Notice

CCTV Pictures of my car  at 14 :27 :06, 14:27:19, and 14:27:43

Final Reminder

Demand For Payment

Final Demand

Later Blaim

Notice of Transfer of All Proceedings

Notice of Allocation to the Small Claims Track

General Form of Judgment or Order ie. Set Aside

 

 

 

BT Meet Me Chat below - he suggests I find out from the Court whether they will connect to a land line number in Zimbabwe or maybe I can give my Zim mobile number - as a back up.  So definitely looks like I could be in Zimbabwe for the Small Claims Court

 

Claimants WS + Meetme chat.pdf

Edited December 21, 2021 by dx100uk
pdf sorted

[FTMDave]

In my experience the people who reply on these chat functions are only able to give basic advice, which is not their fault due to lack of training.  A court case will be way out of the ordinary for them.  In fact he says to contact the court.

 

So e-mail the court, ask if they are prepared to phone Zimbabwe and point out you will have to supply multiple numbers and why.

 

It's a long shot, but some time back we had a case where the judge was irritated by a PPC suing someone abroad and more or less pushed them to discontinue, so the more you emphasise to the court you live abroad the better.

 

 

[brassnecked]

If they get an inkling that you may have to fly to the UK even to have an online hearing and they lost, there may be other implications cost wise for them might discontinue.

[FTMDave]

Agree BN.  I'm thinking to get clarity from the court and then, depending on the court's answer, threaten Simple Simon with having to pay the air fare in costs.