Vehicle Control Services County Court Claim Form Received

salmosalaris

@OP
Correct the typos in the defence ( I typed it on a phone ) and get it submitted before the deadline . (Ive sent you a pm . I'd like to see the particulars of claim in the claim form if possible before you send it ). You can expand in detail on those points later . Don't miss the deadline . It could be better but with 24 hours to go time's a bit tight !

Who issued the claim , VCS or Gladstones ?

Coupon-mad

You can trust salmosalaris to help you by private message. A generous offer from him.

jennifergriffin

salmosalaris wrote: »

@OP
Correct the typos in the defence ( I typed it on a phone ) and get it submitted before the deadline . (Ive sent you a pm . I'd like to see the particulars of claim in the claim form if possible before you send it ). You can expand in detail on those points later . Don't miss the deadline . It could be better but with 24 hours to go time's a bit tight !

Who issued the claim , VCS or Gladstones ?

thank you so much, I've done this and had a 'notice of proposed allocation to the small claims track' sent back to me. should I agree to this?

jennifergriffin

pappa_golf wrote: »

sorry , page 2 and 40 poste , do you own or rent the garage ? did you find out OFFICIALLY who owned the spare area of land that you drive over to get access (and parked on) , just silly things but if owned/leased then you could have legal right of way by AN OTHER person , and VCS may not have rights to patrol there , sorry if its been covered , please reply

I owe the garage and have right of way to the rear (through my garage)

jennifergriffin

Hi All,

After some more advice please...

I've got a date for my court hearing next month and have to submit any more information I wish to 2 weeks before so basically I need to send this week.

I feel I have enough information already submitted, however, by the looks of the info they've sent through to me they're relying on proving I was the driver, which I 100% was not. I was in London at the time with work and although I have my train tickets I currently don't have a witness statement in my pack to back this up. My office manager is willing to write a witness statement to say I was in London however if she does think would she need to come into court with me too? Or can I just submit a signed letter from her.

Thanks

Coupon-mad

I feel I have enough information already submitted,

No, you do need a full defence with 'exhibits' (numbered evidence such as signage photos and printouts of case law like paragraphs from the Beavis case which might show your case is actually different) and your own witness statement as well as any other one.

Put it together in a way that makes it easy for the Judge to see what each point relates to and the 'exhibits' that support it.

Bargepole's summary here tells you what to do at each stage and this is point #6, your 'full witness statement, skeleton argument and court bundle' :

https://forums.moneysavingexpert.com/discussion/comment/61084955#Comment_61084955

If a poster here helped with your initial defence then ask again now but basically, your first defence statement was shorter, bullet points only but THIS is the evidence you want to stand and produce on the day, so when you talk about signs you want to be able to grab from your well-ordered file, three copies of the photos you intend to rely upon (one for the Judge and one for the Claimant's solicitor). And so on, with case law & evidence throughout that you can find easily.

salmosalaris

@OP
Send me an e mail

jennifergriffin

thanks Coupon-mad

salmosalaris many thanks I will

jennifergriffin

I've also read if I win I can claim costs for having the day off work plus travel to the court and £18 an hour for the time spent on working on the case. Do you know how much I can claim as I've read up to £90 which doesn't even cover my day off at work. If I bring in a P60 can I claim my daily rate back or is it capped at £90? Thanks

salmosalaris

@OP
I've just seen your other thread , why have you left it until now to post this , I'm sorry but there is no way I can prepare you a court bundle for Friday ! I thought you may have learned your lesson , seemingly not .
You need to serve your court bundle on VCS and file one with court . Keep another indexed copy to take with you . It needs to contain :
1. your original defence statement ,
2. a witness statement from you ( in which I would simoly state who you are , where you live and that you were the registered keeper of vehicle xxxx on the day of the alleged infringement but not rhe driver) . Complete it with a statement of truth and sign it )
3. Any supporting documents . I would suggest
a. schedule 4 of POFA , highlight paragraphs 7 and 8 to show what statutory requirements are missing on their NtD and NtK . If they have not complied with POFA you cannot be held liable as keeper . You must understand this , simply staring you were not driving is not enough
b. Some evidence that you were not driving
c. A copy of the sign that shows the terms and conditions were not breached by this act of parking and that it is a forbidding sign that doesn't make a genuine offer of parking hence there is no valid contract by which the driver could be bound .
d. A photo of the hatched area in front of your garage
e . The e mail correspondence with both VCS and the landowner where the landowner instructs VCS to cancel and VCS's reason for refusing


Word of warning , if you don't put some effort into this you will lose