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Backdoor VCS CCJ - issued for parking in my own space. JET CENTRO RESIDENTIAL CAR PARK - N244 filed to set side


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Thanks in advance for advice!

I was shocked to find out when doing a credit score search this weekend that I have a CCJ in my name.

I've spoken to the courts today and have been told Vehicle control services have taken me to court for parking without a permit in my own allocated parking bay that came with my flat rental.

The CCJ appears to be to the right apartment block but the wrong address. 

It dates back to 2017.

The judgement was passed in April 2021 without my knowledge of the ticket or the case ( presumably fine charge information was sent to the wrong address)

I had already been taken to court by VCS previously for parking in my own bay and I won.

It seems to me that this is underhanded behaviour from VCS as they had my address from previous interactions and had tried taken me to court for something that a judge had previously ruled on.

I'm seeking advice on next steps.

I was told by court that i can raise a dispute on the CCJ but I also want to appeal the case altogether.

Should I be filing an  N244 Application Notice with an N161?

I was told I should pay the court £303.

Now that I've got home and had a look, there is a long list of court fees so I'm not sure which is applicable. I was also told the £303 is not refundable.

Should I be filing a counterclaim or is that something that can be done at a later date.

Ultimately I feel disgusted at having a ccj and then having to pay for the privilege of getting it removed.

Any advice on how to make VCS pay for this would be appreciated!

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  • dx100uk changed the title to Backdoor VCS CCJ - issued for parking in my own space. ( correspondence sent to the wrong address)

Just do the n244 no counterclaim

Plenty of examples upon what to put already here. 

Dx

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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There are two things to immediately clarify.

Firstly, why did court papers go to the wrong address?  In 99% of backdoor CCJ cases here the person moves and doesn't update the vehicle log book address.  Or they move and they don't inform the parties who they are in legal dispute with of the new address.  Does either of these apply to you?

Secondly, given this has been going on for over three years without presumably any ill effects on you, how important is it for you to have a clean credit file?  I ask as, if you do absolutely nothing, the CCJ will disappear in April 2027.

We could do with some help from you.

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4 hours ago, pawilso said:

I had already been taken to court by VCS previously for parking in my own bay and I won.

It seems to me that this is underhanded behaviour from VCS as they had my address from previous interactions and had tried taken me to court for something that a judge had previously ruled on.

you could have moved within that time in the same complex.

4 hours ago, pawilso said:

The CCJ appears to be to the right apartment block but the wrong address. 

have you this in writing - did you request a copy of the judgement CCJ AND Claimform from northants bulk?

 

4 hours ago, pawilso said:

( presumably fine charge information was sent to the wrong address)

it is NOT A FINE.....this is an extremely important point to understand

no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything.

Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter

hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do).

Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS.

Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves.

10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either.

the more people read the above the less income this shark industry get.

where your post said fine it now says charge

dx

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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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Unfortunately I could do with some credit at this point in time.

That's the only reason I found out about it.

I'm going to get onto the courts again today and request the additional info and confirm where the charge was sent.

Thanks for pointing me in the right direction. 👍

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make sure you get a copy of the particulars of claim from the original claimform.

dx

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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the courts have told me they haven't got the particulars of claim details.

What they have produced is the judgement claim with the wrong address on it. 

Would I be right to assume that if I can send proof of my actual address at the time with this form, that would suffice to dispute the judgement.

I was thinking of including information re the previous case I won in 2017 for the same alleged offence.

Unfortunately because it was so long ago the courts apparently dont keep the records but I've got a photo of the court judgement and a letter from my letting agent stating I had my own space.

Would you recommend adding this to my dispute.

I want to ask the judge to order VCS to pay my expenses.

Figured this might help.

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they do hold particulars of claim and MUST for 6yrs.

they might not have a copy of the claimform to send you but can copy and paste the POC from their screen to an email pdf or read it out to you. thats why we say record your calls

sadly paperwork wriggles this old wont help you get it set aside. i very much doubt.

and it will cost £275 

probably cheaper to contact VCS and pay it and get it marked as settled. 

it'll still show on your credit file but at least as settled.

dx

 

 

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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Before you decide what to do it might be an idea to get as much info as possible first.

Like sending an sar to Vicious Clods and Sods [aka VCS ].

Then follow up finding out from the DVLA what was your address when VCS applied for it three years ago, and what address did they give to VCS . And is that address the same as the one you still have.

If they sent the Court papers to the wrong address you would appear to have a good case against them for breaching your GDPR and as you had already beaten them when parking in your own spot you may well have a good case to win an appeal against your ccj.

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Sorry what I posted  last night wasn't accurate. 

They've sent the particulars of claim but couldn't provide the address to which the PCN was sent.

The particulars of claim.

1. the claim is for a breach of contract for breaching the terms and conditions set on private land.

2. the defendant's vehicle, xxx, was identified in the jet centro residential car park on the 15/09/2017 in breach of the advertised terms and conditions; namely parked without displaying a valid ticket/permit.

3. at all material times the defendant was the registered keeper and/or driver.

4. the terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

5. the sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.

6. the signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued,

7. and the defendant has failed to settle the outstanding liability.

8. the claimant seeks the recovery of the parking charge notice, contractual costs and interest.

..........................................

I've actually paid the dispute charge already and it's gone up to £303.

The court said that the judgement address shows that the charges would have been sent to the same address. 

Aside from having paid already (more than the judgement), I wouldn't want to pay VCS on principal.

Surely common sense would prevail if I can show my address at the time.

They've clearly sent it to the wrong address and furthermore have no case because their signage does not trump my tenancy agreement? I

 * they couldn't provide the address to which the particulars of claim were sent.

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  • dx100uk changed the title to Backdoor VCS CCJ - issued for parking in my own space. JET CENTRO RESIDENTIAL CAR PARK
3 hours ago, pawilso said:

I've actually paid the dispute charge already and it's gone up to £303

who did you pay and when?

dx

 

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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you should have paid the claimant.

have you told VCS its been paid >
DX

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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i have you didnt say what you'd paid for.

why was it £303?? 

N244 full hearing fee is £275?

 

 

thread title updated

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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  • dx100uk changed the title to Backdoor VCS CCJ - issued for parking in my own space. JET CENTRO RESIDENTIAL CAR PARK - N244 filed to set side

oh new to us...not seen any such on .gov.uk yet..

dx

 

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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Thanks for telling us about the court fee changes.

However, you've rushed into this without telling us what you've written in your N244 application.  Set asides are generally easy to obtain but you have to make the right arguments.  Can you please upload what you wrote.

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

If you want advice on your thread please PM me a link to your thread

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