Free Traffic Legal Advice

Please show us this “CCJ” that “they” have sent you so that we can better understand what is going on.

Show us a screenshot of what you see on your MCOL history.

Please show us the aforementioned things.

I have attached the letters.

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Did you receive 2 separate claims? How do you know this? Did you call the CNBC to clarify?

What does your MCOL history say? I don't know how many times I have to ask you to show us?

Call the CNBC and ask them if there were 2 separate claims. If there weren't and it is an error on their part, they need to sort this out immediately. You do not want to have to apply for a set aside if it is there problem.

If you did receive a separate claim and didn't respond to it, you my have difficulty getting it set aside and that is going to cause you untold financial pain for the next 6 years unless the CCJ is paid in full within 28 days of the judgment.

I will ask one more time... what does your MCOL history say?

But did you receive the claim form for the other case? If you did and you mixed up, you can apply for a set aside.

If you log into MCOL with the other claim number, does it appear there? You should be able to see al claims against you when you log into MCOL.

Why would you not respond to a claim if you have already done so for a separate one against the same claimant?

We need an answer to that if you want to avoid paying out to this nasty vexatious operator.

Did you ask for a copy of the PoC of the other claim to determine what the date of the alleged contravention was?

Well, that's unfortunate. Are you saying that your car is registered to your father's address? Do you receive any mail addressed to you at that address within a day or so?

Does you father have a copy of the other claim form?

It will depend on why the other claim was not responded to. If there is a possibility that it was mistaken as a duplicate of the other claim, you'd have to convince a judge of that. A single digit difference in the claim number from the same claimant could be an excuse.

The point is, you have already defended a claim by the same claimant, so why would you not defend a second claim. The Overriding Objective is that you would have a reasonable prospect of successfully defending the claim and would have defended it.

The only issue is that it will cost you £303 to apply for the set aside with no guarantee that it would be successful. It would be applied for under CPR 13.3 and there is case law that supports any claim being set aside as part of the Overriding Objective should be granted.

You could ask that the application fee costs be reserved pending the outcome of the claim being successfully defended which means that if you are subsequently successful with your defence, the application fee would be paid by the claimant. They are likely to try and resist because they have done nothing wrong by applying for a default CCJ as the claim was not even acknowledged or defended and they sent all the correspondence to the correct address (as you have stated, you are using your fathers address for service).

There is a possibility that the court would grant the set aside but that the claim has to be defended and they do not award the application fee against the claimant. So, you'd already be £303 down and still having to defend the claim.

Whilst the claim is easily defended and has a very good prospect of being successful, it is not guaranteed. By paying the CCJ in full before 18th December, it will be expunged from the record and that will be the end of it.

Can you please confirm that we are definitely discussing two separate incidents? Did you by chance make the same mistake when dropping off and then again when picking up at the airport

This needs clarifying before you pay this CCJ.

That's a pity. Because of the failure to respond to a claim, you have enriched the claimant with not only the £100 charge but also the fake added £70 and their fixed fees.

You now have to hope that the current claim is successful. I am confident that the defence should do the job. However, knowing how vexatious VCS are, the may go all the way to a hearing.

Your job is not finished, as you will have to provide a Witness Statement (WS) if the case is not discontinued or struck out. Normally, once the claim is allotted to your local county court, you and the claimant will receive orders from the court with a hearing date and a deadline to submit relevant paperwork (bundles). Usually, the deadline is 14 days before the hearing. My advice is not to submit your WS until the last possible moment or at least until you've had a chance to see the claimants WS.

When you receive the claimants WS, show us here so that we can prepare your WS which will hopefully contain enough points that can be easily rebutted.