Vehicle Control Services County Court Claim Form Received

Herzlos

The sad thing is that it works; a lot of people will be totally put off my a 140 page legal document.

Remember that when you win, you can claim for your costs & time, and it takes a hell of a lot of time to read 140 pages carefully enough, at £19/hour.

jennifergriffin

I've got to have a day off work which is more than the £90 I've heard I can claim for lost work!

I've spent hours researching/reading how many hours is the max I can claim?

And do I need a sheet of these costs before going to court or not?

I've managed to persuade my ex to admit he was driving as I just don't want to lose a days work plus potentially lose the case, I called them up and said if I get him to call in can he just pay the initial fine, they now want £150, not sure he'll agree to that. grrrrr

beamerguy

jennifergriffin wrote: »

I've got to have a day off work which is more than the £90 I've heard I can claim for lost work!

I've spent hours researching/reading how many hours is the max I can claim?

And do I need a sheet of these costs before going to court or not?

I've managed to persuade my ex to admit he was driving as I just don't want to lose a days work plus potentially lose the case, I called them up and said if I get him to call in can he just pay the initial fine, they now want £150, not sure he'll agree to that. grrrrr

Jennifer, you should not be phoning these cretins, of course they will still want the scam charge. Currently they are taking you to court with no knowledge of the driver. I stand to be corrected but if you name him as the driver, they must then approach him directly and I assume not persue you. Sure someone here will tell you

The_Slithy_Tove

jennifergriffin wrote: »

Thank you Herzlos and The Deep, having read more and more of it, a lot is just filler - 4 cases they've referred to take up about 50 pages and and 35 pages is my initial defence with pictures etc.

Try to segregate the information they've sent into relevant/irrelevant. The more that can go into the latter, the better. But for each irrelevant chunk, you need to say why it's irrelevant. Hopefully you can dismiss large swathes of bumpf with just a few sentences.

jennifergriffin

i just asked that and they said that it's gone too far for me to name him and they've incurred court charges so will accept £150, it's like they plucked the number out of thin air as first she asked me 'what my offer was' !!!!!!

beamerguy

jennifergriffin wrote: »

i just asked that and they said that it's gone too far for me to name him and they've incurred court charges so will accept £150, it's like they plucked the number out of thin air as first she asked me 'what my offer was' !!!!!!

The hint is THEY have asked you for "an offer" ????

Right now it's 50/50 if they win or lose, will they take the risk.

If they are told in writing who the driver was, even if it is last minute, its difficult to know who they are suing for the parking ticket.

Please just wait for those with the knowledge on here to reply to you

pappa_golf

beamerguy wrote: »

The hint is THEY have asked you for "an offer" ????

Right now it's 50/50 if they win or lose, will they take the risk.

If they are told in writing who the driver was, even if it is last minute, its difficult to know who they are suing for the parking ticket.

Please just wait for those with the knowledge on here to reply to you

post one , Elliot vs Loake fixation

Herzlos

jennifergriffin wrote: »

i just asked that and they said that it's gone too far for me to name him and they've incurred court charges so will accept £150, it's like they plucked the number out of thin air as first she asked me 'what my offer was' !!!!!!

Bear in mind that they loose money even if they win, they'll settle for an awful lot less than £150. They'd probably settle for £25 but I'd refuse any more than that. You stand a pretty good chance of walking away with expenses anyway, so I wouldn't cave particularly easily.

Normally I'd say never to phone, but you don't have time to play royal mail ping-pong if you need to file papers by Friday.

jennifergriffin

Ok thank you, not going to cave, my ex said he 'doesn't have a spare £150 lying around' anyway

I said he wont pay more than £100 and they said no they wouldn't accept that and it will have to go to court

even if I lose surely the judge won't make me pay more than that anyway, it's just the time off work that's annoying!

Coupon-mad

If you lose you are likely to pay about £150 - £190 as you will be liable for the court fees (not other costs though). However, as registered keeper (non driver) you are not liable in law but the Judge won't know that unless you evidence the fact.

But have you yet got a signed and dated original witness statement from your ex, stating that on xxx day at xxx time he was the driver who parked VRN xxxxxx at xxxx location? Get that NOW.

And one of your exhibits will be Schedule 4 of the POFA. Read it to understand why you cannot be liable because VCS do not use that legislation and can only ever hold drivers liable. If you come armed with evidence you weren't driving, including your witness statements (submitted to all parties in good time before that 14 day deadline, SO NOW!!) then cross your fingers that the Judge will allow that evidence to be heard.

Show how the NTK doesn't meet the second condition for keeper liability. Be clear and concise, using the Act and quoting it.

And also read the bit in Schedule 4 that says a keeper can only be pursued for the £ sum on the Notice to keeper, not added costs (but court fees are also your liability if you lose).

You should not lose if you can prove the 'no keeper liability' issue because it is a fact VCS do not follow the statutory wording needed. Don't ask us to point out how, it is very obvious when you play 'spot the difference' between the Notice to Keeper and the applicable paragraph (8 or 9).