Backdoor CCJ VCS PCN - stopping in a bus stop (marked with red line) - Southend airport

[Sojacob]

Unfortunately Yes !!! 

[dx100uk]

well that's good news then.

they cant do anything then.

 

pers until or unless you get a letter of claim from one of the fake/tame paperwork only solicitors

i'd be ignoring everything.

 

 

 

 

[Mrs O'Frog]

4 times at one airport! are you a cabbie? Don't they have designated drop off / pick-up points?

[Sojacob]

 

No I’m not a cabbie.

I went to drop off and pick up family front the station. 

 

They used have it but just recently they do not have drop off and pick up. Also they used to offer free short stay parking for 10 minutes but this is now £3.

 

If you have to drop off or pick up for free then you will have to use the long stay 3 car park which is nearly 10 minutes walk to the station and the airport not practicable for people who has less mobility / disabled. 

 

Why good news ? 

Edited August 15, 2019 by Sojacob

[dx100uk]

its just not sinking in is it Sojacob …...

[lookinforinfo]

Wht would they take you to Court? Even if they win, the money does not go to them.

 

[dx100uk]

[brassnecked]

Last gasp,  they will take you to court because they can using dodgy Particulars Of Claim that won't stand up to scrutiny if defended, they do it to panic people into paying up money they don't owe with the threat of a CCJ and all that grief it brings with it.  At an Airport governed by Byelaws, they have no Locus Standi to sue anyone for a Parking Event that is stopping,  stopping to drop someone off  or pick someone up isn't parking of itself.

 

Now as you have conflicting advice, and have done the rounds, its your choice.

[ericsbrother]

the usual form is to sue and then drop the claim at the very last moment as they know it has no legs. They use court claims to bully people into paying up rather than as a genuine attempt to recover monies owed. They know you dont owe them any money, they ahve been there doen that thousands of times before and even tried to get the law changed so they could sue people so no chance they think they are right or just plain ignorant, it is essentially abuse of process and fraud.

[Sojacob]

The situation now- 
I travelled abroad on 23/1/22 and returned back to the country on 18/2/22
I got the claim form - issue date 27/1/22
i saw this when I came back from my holiday 
The form is asking for a total amount of £726.08
obviously I could not respond on time as I was not in the country 
therefore judgement made against me on 18/02/2022 of £726.08 and which also the same on the moneyclaim.gov.uk till now 

I got another letter headed as ‘judgement for claimant (in default)’ saying I must pay the claimant a total of £750.28 forthwith.

I recently found out that I am 9 weeks pregnant. I had a traumatic miscarriage last year and strongly believe this was due to stress. Because I want to protect this baby and do not want to go through a hassle, I contacted the the DCB to settle the amount. 

They told me I have now pay £940.04 this was done on the 21/2/22. They told me the claimant have the right to do this in the 30 days from the judgement. 

 

I was so upset and now not sure if I should pay this amount. 

 

As mentioned in my previous posts, I have got some advise from free legal services including citizen advice b. I got different advices 
- it’s fine to pay the amount and then set aside to protect your credit record 
-once you paid that means you accepted that the claimant owe this money and therefore you cannot then request for set aside 
- once you set aside and do not pay the amount before 18/03/22 and the judgement came after the date and not on your wishes- then your credit record will be affected from 18/03/22

I really appreciate your input!! Please give me an advice, what should I do now? 

Should I just give up and pay what ever they asks me!! I cannot accept the fact that the total amount has gone up to £940 over the weekend! 

 

 

[honeybee13]

I see you're still on the site.

 

If you want our help with this, we need you to answer questions about what happened. Can you tell us what's happened since you last posted in August 2019? I'd have thought there would have been other correspondence.

 

ETA: I see from your thread on another forum that this is about the tickets from Southend airport, threads merged.

 

HB

[dx100uk]

You have 2 choices

Pay the judgement in full by 1 month after its date.. ccj goes away .

 

Set aside with proof you were abroad @£275. So you Get it reset back to before and then are allowed to file a  defence  and possibly win 

 

There is a very slim outside chance dx legal might agree it was unfair as you were abroad and do this for free for you, ring them and ask   can't hurt

 

dx

 

 

[AndyOrch]

Quote

I got another letter headed as ‘judgement for claimant (in default)’ saying I must pay the claimant a total of £750.28 forthwith.

 

Quote

Pay the judgement in full by 1 month after its date.. ccj goes away .

 

Its a forthwith Judgment DX...immediate payment.

[brassnecked]

"I recently found out that I am 9 weeks pregnant. I had a traumatic miscarriage last year and strongly believe this was due to stress. Because I want to protect this baby and do not want to go through a hassle, I contacted the the DCB to settle the amount. 

They told me I have now pay £940.04 this was done on the 21/2/22. They told me the claimant have the right to do this in the 30 days from the judgement. 

 

I was so upset and now not sure if I should pay this amount. "

 

Looks like as was over the magic £600 DCB are they actually DCBL?  have added £220 to the amount payable, so have they visited, as in knocked on the door? This will also affect further advice, as Set Aside might be realistic option

[Sojacob]

Thank you all. 
I wish to set aside and defence but I am so worried about the credit record issues. We are looking for a mortgage. 
 

can some one please advice

 

- if I apply for set aside what happens if it’s not granted? 
- if the case set aside and I didn’t win the case, what would happen then? 
- do I still get a month notice to pay the amount to the claimant (at present I will have to pay the amount by 18/3/22 to avoid bad credit record for 6 years)? 
- or does it affect my credit record straightway after the new judgement if this is after the 18/3/22??? 
 

thank you 

[AndyOrch]

Quote

- if I apply for set aside what happens if it’s not granted? The Judgment stands
- if the case set aside and I didn’t win the case, what would happen then? The Judgment stands
- do I still get a month notice to pay the amount to the claimant (at present I will have to pay the amount by 18/3/22 to avoid bad credit record for 6 years)?  I thought you said it was a forthwith judgment ?
- or does it affect my credit record straightway after the new judgement if this is after the 18/3/22???  If your set a side is allowed and you fail  to defend it then a new date is set for payment if your set a side application is denied the original judgment payment date stands,

 

[brassnecked]

If you want help with a set aside the team are here for you.

[Sojacob]

 This is what I’ve got. 
 

 

but when I contacted the DCBL they saying I should be paying £940 not the amount on the default judgement. 
 

I am considering apply for set aside but not sure if the judge agree for setting aside the case purely I was not in the country and also my chances of winning this case.

 

 Thank you for confirming that I get a new date for payment. I was so worried about my credit history more than loosing money. 

 

have converted linked image to pdf and uploaded removed the link, not good to link posts to external sites (BN)

judgement for claimant.pdf

Edited March 3, 2022 by dx100uk
Converted linked image to pdf a d uploaded.

[honeybee13]

I can't read your image because when I can't zoom in on it. Would you be able to repost it as a pdf please?

 

Also, could you answer what Andyorch asked about the judgement being forthwith.

 

HB

[AndyOrch]

Okay so it is forthwith but if you pay within one month (18th March) of the date of judgment 18th Feb you can cancel the entry to your credit files. 

[Sojacob]

Hi,

can someone please advice.

 

Nearly 2.5years ago I’ve got the parking charge notice from a private company VCS.

This is for dropping/picking from a red route at the southend airport.

I initially appealed however did not win.

I then ignored all letters.

 

Finally I got a ccj and judgement was made while I was abroad.

I am considering applying for set aside.

 

What is my chances of winning?

The road was clearly marked and at the time they had a paid drop off point.

Really appreciate your advice.

 

Thanks

[FTMDave]

Yes, we know your story (or most of it) from your thread.

 

You have a choice.  Pay £750 before 18 March, no CCJ, matter closed.  Or pay £270 for the set aside, get rid of the CCJ, then battle VCS in court.  Your choice.

 

You ask about the odds of a set aside being granted.  I would say about 95%.  I've never known a Cagger who has applied for a set aside to be refused.

 

However, you have been going about this case all the wrong way.  You ask for information from lots of different sources, mix the advice up, and never get the legal strategy right.  You need to stick to one source, either here or another site.  For example we specifically said not to appeal - yet you appealed.  We underlined the importance of replying to a Letter of Claim, yet presumably you didn't do so (we don't actually know as you haven't replied to HB's request to know what happened after August 2019).

 

 

Edited March 3, 2022 by FTMDave
Typo

[honeybee13]

What's the plan Sojacob, are you going for the set aside?

 

HB

[Sojacob]

Sorry, all your advise taken to consideration. Sorry that I have missed to reply HB. 
since 2019 I have originally appealed to VCS but I they didn’t accept my appeal and following this I ignored all letters and finally this year I got the default judgement. 
 

I have drafted my N244 and witness statement. Can I sent it via online? Or is it got to be posted? Should I include anything else ie my draft defence ? 
 

my deadline to settle the default judgement is the 18th March. 

Sorry HB for the delay in responding. I am considering to apply Set aside. 

[FTMDave]

2 hours ago, Sojacob said:

I have drafted my N244 and witness statement.

So post them up so we can have a look at them.

 

Yes, you should also post up your draft defence.

 

You also need to include a draft of the order you would like the court to make.  Look at Andyorch's post 67 here  https://www.consumeractiongroup.co.uk/topic/439264-unknown-vcs-ccj-bristol-airport-stopping-in-a-zone-where-stopping-is-prohibited-was-abroad/page/3/#comments  (if you can't find it in post 67 look a couple of posts above and below, sometimes the post count goes wonky).