VCS PCN - Help Needed

AB_Express

Thanks for the pointers.


I did remove the arguments regarding 'no keeper liability' from my defence as it is clearly me you can see in the photos looking under my car.


Will be working on my WS over the weekend and will post it up on Sunday for advice.

AB_Express

I have photos of the gearbox when it was taken out of the car, should I include these as evidence? I could also get a report from the garage that did the work on the car along with all of my receipts, should I include this?

Coupon-mad

Yes indeedy.

One main hurdle is to get a cynical Judge to see it from your side, see you as the wronged party.

AB_Express

My WS was hand delivered to the court on Friday. I emailed and sent a copy of my WS to BW Legal (they received the copy in the post before the deadline).


Am I right in thinking that I should have received a copy of BW Legal's WS? They are due to supply a court bundle a week before the hearing date.

AB_Express

So they submitted the DQ late and now the WS.

yotmon

And don't forget to bring up the link provide by RedX in post #16

http://parking-prankster.blogspot.co.uk/2014/01/vcs-spanked-in-court-as-motorist-and.html

This was VCS at Liverpool with a broken down vehicle.


At the hearing the judge asked the VCS representative what he would do if he accepted the vehicle had broken down. The VCS representative said that he would drop the case.

"Well I do accept the motorist broke down," said the Judge. "Case dismissed!"

AB_Express

Received the WS from BW today, was posted yesterday and the deadline for submission was last Friday. Have had a good read through.

What happens now? See them in court?

Coupon-mad

You can show us the WS from BW Legal and we'll help you pull it apart. Lamilad showed his BW Legal WS and I assisted in demolishing it piece by piece, which was amusing...

AB_Express

Ok, I will scan it in at work tomorrow and post it here.

Coupon-mad

Oh, and look at this post, giving you some more case law to cite, re frustration of contract:

https://forums.moneysavingexpert.com/discussion/comment/71652404#Comment_71652404

and look at the transcript of the recent 'Jopson' Appeal case:

https://bmpa.zendesk.com/hc/en-us/articles/213077149-Milton-Keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute

The bit about stopping for a minor 'vicissitude' (like you did) and His Honour Judge Harris QC's definition of 'parking' is worth you highlighting because that's an appeal case and a Senior Circuit Judge's findings of fact (and he did make those findings as facts) are persuasive on the lower courts.

You do need to show the court and BW Legal your exhibits so if adding any case law (see bargepole's post) or the Appeal case transcript now you would have to submit it quickly and hope the Judge allows it in court (especially worth a try this week, as BW Legal were late with their WS - what's sauce for the goose is sauce for the gander...!).