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

[Sojacob]

here

N244 and witness statement.pdf

[FTMDave]

Points 1.4, 1.5, 1.6 & 1.8 are waffle and need to be cut out.  They have nothing whatsoever to do with why you didn't defend in time.

 

You say you have a realistic chance of defending but we can't see any defence

 

On 11/03/2022 at 10:06, FTMDave said:

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).   

 

[FTMDave]

Also in 1.3 give exhibit numbers to the copies of your air tickets and your passport, and mark them as such, so the judge knows what he/she is looking at.

 

The meat of your application is all prepared.

 

Get on with the defence and draft application now.

 

 

[dx100uk]

thread tidied.

 

that needs alot of work.

 

dx

 

[lookinforinfo]

You have probably convinced the Judge that you merit a hearing. However you haven't shown why the Judge should think you have a possibility of winning the case were it to be reheard. 

You have to give some reasons why you have chances of winning. For instance you can copy winning cases showing at  the top of the Stickies. Look at a number of Witness statements especially where VCS have lost when charging motorists with No stopping.

 

 

 

 

 

[FTMDave]

LFI is spot on as usual.

 

It's unclear if you have already prepared a draft defence.  If not, have a look at Zimbird's thread  -

There is a draft set aside WS in post 103 (if you can't find the attachment look a couple of posts above or below, sometimes the post count goes wonky).

 

The Section "Defence 7-13" is an excellent starting point as yours too is a no stopping-VCS-airport case.

 

Obviously you would have to tweak it, especially (9), you can't state you weren't the driver if you were, and you can't use POFA to defend yourself it you were daft enough to admit you were the driver during your appeal (after we specifically said not to appeal).

[Sojacob]

Thank you for your advice. I have emailed them the N244, draft order, witness statement and evidence of my travel.

 

I made the payment today. The lady was sure about the payment, If someone applying for set aside and stay of writ together in N244 then it's £14. If it's just set aside then it would be £275. 

I called CCBC support service and cried (I was/ am really worried and stressed). She told me they have not received the application and it can take 2-3 days. I asked if it is possible to fast track for me and explained that I am pregnant and all. But she can't do anything until she get the application form. Once received it can take upto 6 weeks for judge to make a decision. 

She also told me it is likely to affect my credit records for 6 years if the judgement not set aside by 18/3/22 (today is the 15/3/22). Should I make the payment? Please advise

[FTMDave]

5 minutes ago, Sojacob said:

Please advise

Why?  You won't follow the advice.

 

The whole reason you're in this mess is because you ask for advice on multiple forums and then mix it all up and get your strategy wrong.  We said not to appeal - so you appealed.  Had you told us you'd received a Letter of Claim we could have dealt with the imminent legal action but you were elsewhere talking about the Letter of Claim.

 

Everyone on CAG is an unpaid volunteer, we have lots of people to help and not much time to do it in.  On Sunday evening late at night tired Caggers were looking up defences and draft orders previously used in set aside cases and lookinforinfo went to the trouble of explaining the importance of including the draft defence, and all along you had no intention whosoever of following any of that advice as you were working out a different strategy elsewhere.

 

You need to choose one site and stick to it. 

[Sojacob]

I am so sorry. It is very difficult to express how I feel and I probably have choose wrong decisions

 

. I appealed as advised by the citizen adv b. And a person in another forum seems helping lot, including looking into my application at midnight and early mornings.

 

The CAG obviously has been very helpful, I feel reassured when I get advises from different people. I am sorry that I see it caused you distress and I have a feeling that you are hesitated to help me further.  

[honeybee13]

What has the other forum advised you to do?

 

HB

[Sojacob]

I am waiting for their reply. 

[brassnecked]

One place that is not much use with Private parking is the Citizens Advice, they will oftem just advise asking for a payment by installments and not look at the legality or otherwise.of the invoice. But yeas it makes things worse if you try to mix and match strategies from different places.

[Sojacob]

What should I do now.. Please please help!! 

 

Should I call the claimant to pay? I am really worried about this credit score risk as we are looking for a mortgage soon. Can still continue with my n244 application once i paid (or since this already applied). 

[lookinforinfo]

Why would you pay their inflated unlawful demand.

If it ever does end up in Court and against the odds you lose, you have 30 days in which to pay off the amount the Court decides and nothing appears on your credit score.

[honeybee13]

It's already been to court, LFI, it was a default judgement.

 

HB

[lookinforinfo]

Thank you Honeybee. 

My apologies Sojacobs I have obviously answered too many threads today.

[Sojacob]

I am considering paying as we are looking for a mortgage soon and even if I get chance to pay in 30 days this would say in my credit record as 'satisfied'. Which is can risk me getting mortgage. I am so so worried about this. 

[whitelist]

If you pay off a CCJ in full within 30 days of receiving the judgment, it will be removed. Though you have to contact the court to send proof of payment as they instruct registry trust in removal of the CCJ.

Edited March 16, 2022 by whitelist

[Sojacob]

I see this online link on the DCBlegal to make payment. 

 

Pay Online | DCB Legal

DCBLEGAL.CO.UK

 

 

I have contacted VCS again today. The lady told me that I can only make the payment to DCBLegal. But I called them yesterday DCBLegal wanted me to contact the DCBltd. 

What should I do now? Should I just make the payment with them? 

[whitelist]

You pay the solicitors who instigated the claim on behalf of the creditor and get a receipt

 

This needs to be all done within 30 days of judgement

[brassnecked]

Have DCBL added any extra fees  to the judgment amount?

[brassnecked]

AND what happened?

[FTMDave]

BN, from what the OP wrote on the other forum, they paid Simple Simon his whole judgement amount.

 

That's after shelling out £275 to apply for a set aside.

 

The OP also paid £190 on top of the judgement sum that Simon's solicitors just made up, despite being told by advisers on the other forum not to.

[brassnecked]

Yes absolutely so FTMDave and on another Forum OP was advised to challengene the judgment and demand Set Aside and repay as DCBL added Bailiff fees BEFORE 30 days to pay up kill judgment as in not register  as paidand complain about the Solicitor arm of DCBL to SRA for adding enforcement fees to the Judgment sum.  Don't know how that bit will play out/.

[AndyOrch]

You cant enforce a CCJ by way of Bailiff's until the allotted time to pay the judgment has expired. ...MCOL wont let it happen if a judgment claimant requested it ?