ccj set aside defence needed

[jayhayes]

worried now

[Amethyst]

Don't be worrying- you have the CCJ set aside ( have you got the order from court yet?) so it'll come off your file and credit report. You don't want the CCJ back and the amount is something like £250 ? If you don't want to defend you could negotiate settlement with VCS to pay monthly and they withdraw the claim - or you can file a defence and negotiate afterwards - or simply proceed with defending- but if there isn't a strong defence Id try to settle as the credit file and mortgage is far more important than the principle of the parking charge.

Btw - Have you been been back to the airport hotel since and got photos of the signs ?

[Amethyst]

Quick look on google maps ... quite heavy signage and a pay machine

[jayhayes]

hi ive not got anything from the courts yet. should I ring vcs and set up a payment plan or should I try to defend myself if you defend your self and fail what happens does the ccj reappear? I emailed the land owner but got this reply.... also it does not mention blue badges needs to pay?

RS

Retail Customer Services <retail.customerservices@frederic-robinson.co.uk>
Tue 09/10/2018, 11:19

Dear Mr Hayes

Thank you for your email regarding your parking fine and subsequent court action following your visit to The Airport Pub, Ringway Road in February 2017.

We are sorry to hear about your CCJ but note that this is the first instance that it has been brought to our attention.

If you had contacted us earlier, and indeed before the court case, we could have tried to have this cancelled, but unfortunately, we cannot reverse a CCJ.

We have extensive signage around the outside of our pub that goes above the legal requirements and have a waiting time of over 10 minutes before any fines at issued.

Yours sincerely,

[Amethyst]

Yes if you defended and the other side took it through a hearing and won, then the CCJ would be reapplied ( you would have 28 days to pay before it got stuck on the register for 6 years )

Personally, I think you're better talking to VCS and sorting out settling the debt but I don't know your circumstances other than that you were trying to get a mortgage, if you can manage to just pay it, although it will be annoying, you won't have to worry about it further.... but I'd prefer to wait until you get the order from the court to be absolutely sure the judgment is set aside - normally takes a month before it is removed from the register and credit file. You could put the defence in to give yourself a bit more time to raise the money to pay it off …..

Not sure if ostell 's looked back in since you uploaded the NTK - so I don't know if you would have a defence that has any legs at all.

[jayhayes]

spoken to VCS its 180 paying 50 a month

[MIKE770]

better it went to charity

[Amethyst]

spoken to VCS its 180 paying 50 a month

£60 a month be better else it's 3 months £50 and 1 month £30 .... lol

And the claim discontinued ?

Any sign of order from court yet ? ( May be worth chasing them up )

[ostell]

Sorry I didn't get back. I couldn't read the NTK.

Just a longshot but what is the name of the company on the parking sign? There have been a few cases where the name on the sign, ie the contract, has been Excel parking but VCS have made the claim despite being a stranger to the contract. There is currently one in Birmingham in dispute.

Edit: Had another look at the sign and I couldn't actually see a name, or a hint, on it at all.

[jayhayes]

Hi not sure but I do have letters from excel yano

[ostell]

So excel have appeared ! If the sign and the the original paperwork were from excel then VCS are a stranger to the contract (the contract for parking) and cannot have any rights to take this matter to court. They are the wring claimant. Go back and get a good picture of that sign to see what it says in the hope that it has not been changed. You could point this out to VCS before accepting their offer of payment in installments or let it go to court with a defence that it is the wrong claimant. Hope you find those Excel documents.

Even no name on the sign is a good thing.

The landowner can tell his subcontractor to cancel even if the matter has gone to court.

[jayhayes]

Yes I have one from excel when I first appealed theb the rest is vcs