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  • FIRST POST
    • The Painter
    • By The Painter 26th Sep 16, 12:26 PM
    • 8Posts
    • 7Thanks
    The Painter
    Another one about B W Legal
    • #1
    • 26th Sep 16, 12:26 PM
    Another one about B W Legal 26th Sep 16 at 12:26 PM
    Hi, I hope someone can help me here.
    Sorry to start another new thread but couldnít find anything quite like this one.

    I have been served Court papers a couple of weeks ago. Iíve replied saying Iím going to defend it. Problem is I donít know what my defence is.
    Iíve read loads of stuff on here but seem to be getting more confused and my defence has to be in before Friday

    Briefly, I received a letter back in 2015, a NTK I think for parking in the Broomfield area of Sheffield. At first I thought it was a scam as Iíve not been to Sheffield recently so I just ignored it.
    The letters kept coming so I checked the date of the alleged offence and it turns out I was on holiday abroad at the time and my vehicle should have been at home on my drive. Iíve asked everyone who had access to my house while I was away and no one is owning up to using it while I was away so I couldnít fill in the NTK even if I wanted to
    The company involved is VCS and being dealt with by BW Legal.

    Iíve read on here that VCS cannot pursue the registered keeper but the more I read the more Iím not sure.
    Itís a works vehicle, the registered keeper being a company, which is basically me. (same address etc) I am the sole user of the vehicle and am the only person on the insurance.

    As I donít know where it was parked I canít argue about signage. On the NTK it says it was either parked while failing to display a valid ticket or a permit and it either had a ticket put on the vehicle or it was Caught using cameras ( not exact wording) so I canít check whether they sent stuff on time etc.
    I have had no contact with either VCS or BW
    So my question is, is being abroad at the time of the alleged offence enough of a defence or do I need more?
    Iím confused
    Thanks in advance for any help given
Page 2
    • Ne5555
    • By Ne5555 12th Oct 16, 2:00 PM
    • 125 Posts
    • 721 Thanks
    Ne5555
    Hi. just jumping in becuse I didnt want to open up new thread.

    I did receive court claim and I acknowledged, now preparing my defence.

    VCS has taken me to court on 2 tickets.26/04/2015 and 14/05/2016.

    I can prove that I was not the driver at 14/05/2016 but I cant prove that I was not the driver at 26/04/2015.
    I am just preparing my defence.
    as registered keeper they have taken me to court.
    I remember receiving one of the PCN with picture on it(Completely different person than me)
    I dont remember receiving the other one. Because it is more than 18 months I cant find details whereabouts I was at the time.

    How should I prepare my defence?
    I just need help but couldnt find a draft to write at searching forums(looking for the last 3 days everywhere)
    Thanks in advance
    • Coupon-mad
    • By Coupon-mad 12th Oct 16, 5:14 PM
    • 40,322 Posts
    • 52,165 Thanks
    Coupon-mad
    Search here and pepipoo forum for 'VCS defence' or 'Excel defence'. There are literally dozens of defences shown on this forum and pepipoo, all pretty much alike for BW Legal claims and very easy to find on threads on both forums IMHO:

    http://forums.pepipoo.com/index.php?showforum=60

    It should take you about three minutes to find defence threads, not 3 days! Really it is easy, there are sooo many. Maybe you are using the wrong search terms of search box (here, choose to search 'this board' in the search just above the sticky threads. On pepipoo I use the search box bottom left).

    The burden is not yours to prove who was driving, the burden is on the claimant. You do need to start your own thread and read the links under the heading 'Small Claim?' in the NEWBIES thread, especially bargepole's summary of what to do when...you need to do Acknowledgement of Service online via MCOL (using the Govt Gateway).

    New thread please once you've had another search or six, and also once you've read the NEWBIES heading/links relevant to Small claims.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

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