Vehicle Control Services County Court Claim Form Received

jennifergriffin

thanks so much Coupon-mad, will get this put in and send it off tomorrow! can I send the packs via email to the court and VCS or do they have to be posted?

jennifergriffin

also I don't have that from my ex, if I get it will they then go after him as well as me potentially losing the case? confused

pappa_golf

jennifergriffin wrote: »

also I don't have that from my ex, if I get it will they then go after him as well as me potentially losing the case? confused

he has not been included in the cc claim , they would have to start again ,

Coupon-mad

jennifergriffin wrote: »

thanks so much Coupon-mad, will get this put in and send it off tomorrow! can I send the packs via email to the court and VCS or do they have to be posted?

Posted - and you will have to use Special 'next day' Delivery now. DO NOT drop this ball but get it right, get the defence together and the witness statements by tomorrow.

Keep a copy of the proof of postage and tracking in case VCS pretend it was served late. Are you saying you ALREADY have a signed witness statement dated and completed in full by your ex, with his name and address at the bottom and ALL details in it as I suggested, then?

will they then go after him as well as me potentially losing the case?

Quite possibly. But as pappa golf says, they'd really have to wind their necks in and write to him, back to £100 stage. Because he has never even had a letter or a Letter before Action, no chance to respond before any claim (except to the PCN, ages ago).

I tend to agree with salmosalaris, by asking questions like can you email the defence (as if it's short and sweet, which it is not) you are in danger of losing this if you don't get your ducks lined up in time. I hope you do win! Salmosalaris listed some things to ensure you do properly.

jennifergriffin

Many thanks all, I will keep you updated

Coupon-mad

Good, print everything you wish to rely upon off, including POFA Schedule 4, photos, other evidence (check what salmosalaris advised you along the way and revist your original defence now). Also witness statements etc. (have the signed/dated/with his home address original statement from your ex, with you at the hearing and make sure it identifies the car time, place, date, all of it - and that he was driving).

You can't be held liable in law if this argued properly and allowed to be submitted by comparing the Notice to keeper (first posted letter from VCS) with the appropriate paragraph of the schedule (8 if there was a windscreen PCN, 9 if it was a posted PCN with no windscren PCN first).

The_Deep

Indeed, if anything therein references Eliot v Loake, shoot then down in flames.

Herzlos

You should be able to shoot down pretty much everything they say.

Coupon-mad wrote: »

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.

Does it even need to be that comprehensive? The aim here is to prove that the OP wasn't the driver, not to prove who was the driver.

Would something like "on xxx day at xxx I dropped xxx off at xxx train station in vehicle xxxxxx, so she could not have been the driver at the time of this alleged incident".

That should sink VCS's case, without them starting the whole farce up again with the driver.

salmosalaris

The more evidence the better . However as VCS have no evidence who was driving then a simple "I was not driving" should tip the balance in favour of the defendant . Remember if this were untrue it would constitute perjury therefore a DJ should give such a statement of truth considerable weight . There is also an argument , why dob your ex in ? Simply use a witness statement from him or someone else that you were not driving . You do not need to build their case for them.
But I cannot express too strongly that the "i was not driving defence " will only work in conjunction with demonstrating precisely how they have failed to comply with paragraph 8 of schedule 4 on their NtK and therefore hold you liable as keeper . Point out that they even admit they are not using POFA and that their reliance on Elliott v Loake is misplaced as it is completely irrelevant

And don't forget the other arguments just in case you get a bad DJ or DDJ

salmosalaris

@OP
Can you post up a pic of the sign from their bundle that they are relying on as the alleged contract ?