Civil Enforcements / Norwich Pharmacal Order

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
252 replies 30.1K views
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  • kahlenbkahlenb Forumite
    12 Posts
    yes i posted regarding the original case. i posted here for the NPO today. i have asked for advice. i take it that i have comitted some grand faux pas by asking for advice from a cross section of people?
  • SirdanSirdan Forumite
    1.3K Posts
    vax2002 wrote: »
    Passed this on to our Local news agency who cover Yorkshire, as the company is in Yorkshire they are to send a photographer and reporter down to cover the case as they have said this would be a ground breaking court decision.


    Yes a ground breaking court decision where a company is prepared to spend hundreds to get an unenforceable penalty in to court and lose ....and this (the NPO) has been allocated a whole 10 mins in court ..
  • esmerobboesmerobbo Forumite
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    kahlenb wrote: »
    yes i posted regarding the original case. i posted here for the NPO today. i have asked for advice. i take it that i have comitted some grand faux pas by asking for advice from a cross section of people?


    No but your posts are cryptic.
    Pepipoo would have been your best place for a defence but as you are in court on the 4th July. It is probably too late now.

    However as I and others have pointed out, a NPO is an order to produce information. If you have none to offer then you can not offer any.

    The only information is to disclose everybody who could have been the driver. This would not help the court or VCS/excel!
  • vax2002vax2002
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    Sirdan wrote: »
    Yes a ground breaking court decision where a company is prepared to spend hundreds to get an unenforceable penalty in to court and lose ....and this (the NPO) has been allocated a whole 10 mins in court ..
    It will get the sharksters pcn Mug in the Daily mail if nothing else .
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  • Coupon-madCoupon-mad
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    Hmmmm...interesting.

    But the fact that kahlenb has posted on Bitterwallet in April is not really surprising as the Court papers were served in March I think? I give them the benefit of the doubt that VCS are having a punt because the person as 3 tickets and they are hoping for a stupid judge and a bad defence.

    Also, I see that the 18th July hearing is provisional only so I guess that will tie in with what happens on 4th July.

    Kahlenb, when have you told VCS or the Court that you do not know who was driving? Did you put it in your Allocation Questionnaire, or did you write at all to VCS earlier to say you didn't know who was driving?

    Do not pay for legal advice, you cannot claim the cost back. But first check to see if your household insurance policy, car insurance or a credit card or bank account covers you for legal cover. Check now because if so then you can ask your insurer to pay for legal representation which would be useful if they press ahead with a claim against you.

    Can you prove you were at work? You should take that proof with you, even if it's just a letter from your boss confirming the hours you were at work on those days.

    You need to come across as a credible witness if questioned by a judge, clearly if you were not driving you cannot have entered into any contract with VCS - but you need to convince the judge you were not the driver. Be ready to explain what action you have taken - e.g. be clear and ready to say confidently that you spoke to all family members and they cannot possibly recall who was driving on which day as it's a family car and this is a car park you all use (if true)...

    Turn the tables back on VCS and suggest in front of the judge, if you can, that it is for VCS to provide the evidence against you, and that you intend to claim your costs as they are wasting the Court's time and your own with this witch-hunt with no evidence. Show your proof you were at work and ask what proof VCS think they may have?

    Has Alexis pm'd you on pepipoo or on here yet, he can make available a defence.
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  • kahlenbkahlenb Forumite
    12 Posts
    I have never written to VCS. I only replied to the application questionnaire. I asked that evidence be supplied to prove i was driving, and denied that i was, explainig about work etc. the NPO syas in it's witness statement that they accept, if the court accepts, that' if i wasn't the driver I cannot be held liable, but i have to give details of who was, hence the NPO. Nobody has pm'd me.
  • notts_philnotts_phil Forumite
    1.1K Posts
    Will be interesting to see the outcome of this, do keep us posted etc
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  • peter_the_piperpeter_the_piper Forumite
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    There is still time to post on pepipoo and run your defence past Alexis by PM. I suggest that its definitely worth doing if only for peace of mind, it costs nowt.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • notts_philnotts_phil Forumite
    1.1K Posts
    I think the OP is going to need some serious help here, we dont want vcs/excel getting any where with this
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  • edited 29 June 2011 at 5:45PM
    Coupon-madCoupon-mad
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    edited 29 June 2011 at 5:45PM
    kahlenb wrote: »
    I have never written to VCS. I only replied to the application questionnaire. I asked that evidence be supplied to prove i was driving, and denied that i was, explainig about work etc. the NPO syas in it's witness statement that they accept, if the court accepts, that' if i wasn't the driver I cannot be held liable, but i have to give details of who was, hence the NPO. Nobody has pm'd me.



    Where is your thread on pepipoo please, I cannot see it? Or have you not posted there yet?

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

    Alexis is the poster with the pepipoo defence so start a thread first, showing pictures of the Court documents (hosted as per the forum rules 'how to post pictures' sticky top thread on there).

    Then if you don't get a pm on pepipoo within 24 hours, send one to Alexis asking if he can help you at all. If you were not driving and cannot tell who was, and you can prove you were at work, then I suspect the 18th July hearing will never happen.

    I do wonder if they have tried this with a few people with more than one fake ticket, and are just hoping for ONE victim who the judge thinks was driving, on the balance of probabilities...I wonder if you are the first person to come here over this matter. I doubt you are the only one.
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