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


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I wish i had longer to go through and make sure all the changes are absolutely correct and then stress again what Lookinforinfo said but i have made the changes from FTMDave and now need to scan document and send.

We r meant to be leaving in 30 mins for the mountains and won’t be back until thursday. 

Will be in touch then. 

Thank you again everyone for all the assistance and i think at the end of it we have done a brilliant job - the best we could - and that has to be good enough.

Blessings to one and all 🙏

Over and out for now.

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So long as its clear You are not the Driver and POFA not applicable, that will be good anyway.

We could do with some help from you.

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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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Typing from the car - just had notice that my hearing has been changed to a Video Hearing - so now just need a good wifi connection.

Easy!

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Good news - this means you won't lose by default.  Can you upload the court order?

We could do with some help from you.

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  • 2 weeks later...

Here is the court order.

I also received a copy of Wali’s Witness Statement sent to the court on 8.4.22.

The bundle was sent in two parts Part A and Part B

Part A consisted of:

page 1. Claim form

page 2.  Hearing Applicstion dates 7 Oct 2021

page 3.  Hearing Application page 2

page 4.  N244 page 1

page 5.  N244 page 2

page 6.  N244 page 3

page 7.  Draft Order

page 8.  Proposed Defence

page 9.  Charge Notice

page 10.  Defendant Passport 

page 11.  Defendants Aurginy Flight on 7.10.20

page 12.  Defendants Aurginy Flight page 2

page 13.  Randox PCR release date 6 July 21

page 14.  Defendants Statement of Truth

page 15.  Applicant’s address to which docs should be sent: Bristol address dated 15.9.21

page 16.  Witness statement VCS (unchanged)

to 

page 29.

Part B. All the photographs and maps of Bristol Airport - exactly the same as was sent before

 

CourtOrder.040422.pdf

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Does anyone know if i will need to talk at my video court hearing or will the judge read the two witness statements before-hand and i just need to be present for the judgement?

Basically i would like to know if i am to prepare anything in advance to say.

Many thanks

Julia

 

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it would be unusual for the judge to read much before hand, they dont have time.

but yes anyway you will most probably be asked to give a verbal overview from your side as you see it.

 

 

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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Don't worry, a court case is no more daunting than a job interview.

 

Just have a brief list of the points you want to make, like you did in your defence.

 

If you want to run them past us, then fine.

We could do with some help from you.

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Hi everyone - D DAY is upon us - the court have changed the timings to 12 midday UK time.

 

I have typed up these points to summarise if i am asked to -  if anyone wants to re type and or omit please do so.

 

My last word is that i can’t tell u how much i appreciate everyone’s hard work - i wouldn’t be here without you.  

 

Thank you 

 

POINTS FOR DEFENDANT

 

1.    Fundamentally the driver never parked as such.  He only paused momentarily with the engine still running, in bad weather trying to read a sign.

 

2.   I was not the driver, only the registered keeper of the vehicle.

VCS are pursuing the wrong person.  I, as the keeper am not liable, as the event happened on non relevant land.  So the Protection of Freedom Act does not apply as VCS can only pursue the driver.  They can not pursue me.

 

3.   I was unaware of the initial claim due to the fact I travelled home to Zimbabwe, and even when VCS had been informed of my absence and given my email and physical address in Zimbabwe, persisted to send further notifications to an address I had vacated.

 

4.   It is therefore unfair that VCS are adding penalties and costs through their own errors – these important timings are clearly laid out in my witness statement

 

5.   I don’t feel VCS have a good legal claim and their efforts are more about intimidation of defenceless individuals in order to generate funds.  I feel this is grossly unfair.

 

6.   This whole procedure has put me through immense stress, firstly ignoring my emails, and secondly forcing me to apply to the Court to get a Set Aside and now defending myself in the Small Claims Court. 

 

7.   I am appealing as a law abiding citizen that fairness prevails over this unnecessary effort to intimidate me and force me to pay.

 

8.   VCS in their very own words are trying to profit as stated in their Witness Statement Point 20 Item No. 3 – “to provide an income stream to enable the claimant to meet the costs of operating the scheme and make a profit from its services, without which those services would not be available”.

 

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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.

 

👍

 

 

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Good luck Zimbird, you have done well with your preparations,  I would concentrate on your point 1 - 5  that is the nub of it you were'nt the driver, POFA not applicable not relevant land, so no keeper liability, backdoor CCJ  by sending correspondence and Claim Form to old address in full knowledge you resident in Zim allowing them to gain a Default CCJ.  6 - 8 not material factsthe court  might consider.

 

I'm sure others will be along with final tips but you have the essence ready.

We could do with some help from you.

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I agree with brassnecked, I know it's tempting to talk about stress & harassment but the fleecers do have the right to bring court action to recover what they consider a debt.

 

Also they did nothing wrong with the original CCJ as the address in England was the address the vehicle was registered at.  They are at fault though for the recent communications as they know full well you don't live in England.  So I'd go with -

 

POINTS FOR DEFENDANT

 

1.    Fundamentally the driver never parked as such.  He only paused momentarily with the engine still running, in bad weather trying to read a sign.  Within the industry's 10-minute grace period.

 

2.   I was not the driver, only the registered keeper of the vehicle.  VCS are pursuing the wrong person.  I, as the keeper am not liable, as the event happened on non relevant land.  So the Protection of Freedom Act does not apply as VCS can only pursue the driver.  They can not pursue me.

 

3.   I was unaware of the initial claim due to the fact I travelled home to Zimbabwe, and even when VCS had been informed of my absence and given my email and physical address in Zimbabwe, persisted to send further notifications to an address I had vacated.

 

4.  VCS have no right to bring this claim.  They are not the landowner.  They have produced a "Service Agreement" of which six of the eight pages are missing and which does not give them the right to litigate in their own name.

 

5.  VCS have added a sum of £60 to the claim which is forbidden both under the Protection of Freedoms Act 2012 and the government's new code of practise (Parking (Code of Practice) Act 2019).

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We could do with some help from you.

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That should do it straight and to the point, its up to VCS to try to waffle their way out of that in doing so they may well shoot themselves in the foot.

We could do with some help from you.

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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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Thank you FTM Dave - excellent!

Am all prepared and about to start.


Ok the judge started the proceedings saying that she was satisfied that VCS had a contract with Bristol Airport as shown in their evidence.

 

Also reiterated that the airport is well signed posted and said 10 minute grace period was not applicable because we were not in a car park.

 

She was most sympathetic but could not find any legal mitigating circumstances ie. Accident on the road, stopping to assist someone, etc etc. 

 

Sadly the roads were well signed and two red lines indicating no stopping, even for 37 seconds!

 

She ruled against me but she waived the hearing fee as we had evidence of trying to settle with VCS in August last year - and she was annoyed that they had not responded to my email offering to settle for £257.  As a result she would not allow them to appeal for any further expenses or interest - so i have been ordered to pay £100 charge, £25 issue fee, and £50 fixed cost ie. £175 in total

 

she ordered ELMS legal to give me payment details via email by 4pm on Monday as an absolute deadline.

 

I know i did not win but Judge Chappell was understanding and very compassionate towards me.  I know she tried everything to find a way to rule in my favour but had to at the end stay by the letter of the law. 

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Judge Lottery

We could do with some help from you.

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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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the red lines are only enforceable under the byelaws, a county court is the wrong court to decide if a private company can be given powers to enforce them. breaking a byelaw is a magistrates court matter.

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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Completely wrong decision there on the facts  then.

We could do with some help from you.

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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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You seem to have suffered a completely bizarre judgement.

 

On the one hand a sympathetic judge who disallowed the Unicorn Food Tax, interest and the hearing fee (I'd never heard of the hearing fee being disallowed before).

 

But then she seems to have been hoodwinked into thinking VCS are some sort of authority,, when they're not.  As well as all the other excellent points made by dx & BN, if for a second we accept the debt actually existed, what the hell did it have to do with you?  VCS were suing the wrong person!

 

Anyway, well done in getting at least a reduced amount and of course your CCJ removed.

 

It'd be funny if Elms didn't supply any payment details 🤣

We could do with some help from you.

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Wonder if they are now daft enough to try to sue the Driver as a maybe  unlawful second attempt to cash in?

We could do with some help from you.

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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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I would be very surprised if they tried to sue the driver now!

The main point against me what’s that VCS and Bristol Airport had a legal signed contract - that’s where my defence fell down - without that maybe i would have stood a chance. 

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It’s been a long journey - i am sure it has been a worth while experience trying to defend myself - sadly i think i was a bit of an amateur and possibly did not know my pointers well enough to be that convincing in my arguments - i wasn’t totally aware i would have to present my arguments so i think to be honest i was a little under prepared.  However if there is a next time I will be that much more experienced and know what is expected of me.

I have given a donation - would have been more if i had won, but i feel comfortable with the donation i have left. 

Once again many thanks.

BTW i think another son has a bit of an issue so might get some advice from u all once he has filled me in.   This is not the naughty youngest but the second son.  So i will be back!

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Thanks for the donation   it helps keep CAG runningmain thig as CCJ gone, but the Judge was remiss confusing  what VCS contract permitted as it was plain from the evidence that POFA not applicable and you are Keeper NOT driver, so should never have been sued in the first place,  so should have been dismissed on that point alone potentially, you were a victim of Judge Lottery.

 

 get your son to create a thread once you have the details of his issue.

We could do with some help from you.

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As per Post#270 lookedinforinfo

 

"Ok the judge started the proceedings saying that she was satisfied that VCS had a contract with Bristol Airport as shown in their evidence.

 

Also reiterated that the airport is well signed posted and said 10 minute grace period was not applicable because we were not in a car park.

 

She was most sympathetic but could not find any legal mitigating circumstances ie. Accident on the road, stopping to assist someone, etc etc. 

 

Sadly the roads were well signed and two red lines indicating no stopping, even for 37 seconds!"

 

I think the Judge grabbed wrong end of stick and completely missed out on fact VCS sued the wrong person as Zimbird NOT driver, and no POFA to transfer any liability, her wibbling over the contact etc was not even considering the correct point of law, as in wrong person sued.

 

What do other's think?

 

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

 

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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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