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

[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

[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).   

[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.

 

 

[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).

[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. 

[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.

[FTMDave]

Spot on Andy.

 

I think DCBL just produced a hugely-inflated bill and the OP paid it, despite being told on the other forum to ignore the made-up fees.