VCS Parking Charges (3) - Resulted In County Court Claim Form

Coupon-mad

In regards to keeper liability, isn't that only if they have NOT followed the POFA in regards to the time frames and the NTK?

Yes! VCS never do. They don't even pretend to, neither Excel nor VCS have tried to establish 'keeper liability' since mid 2014 when they changed their paperwork (it was not compliant before that either but it made a bad attempt in 2012 and 2013).

Read Lamilad's full account including his hearing where the Excel rep got tied up by the POFA.

KimmyHrunt

Hi All,

Apologies for lack of update, been a mad couple of weeks.

I have my court hearing in Mid-Feb, Currently still waiting on copy of lease agreement from Land Registry, escalating to them tomorrow as nothing has come through yet, even though we had to pay £7 for it.

I'm going to prep my defence case in the meantime.

The_Deep

I hope that at the end of this OP will sue them for her time travel and materiel. Or better still, has put in a counter claim lest the chicken out.

Coupon-mad

KimmyHrunt wrote: »

Hi All,

Apologies for lack of update, been a mad couple of weeks.

I have my court hearing in Mid-Feb, Currently still waiting on copy of lease agreement from Land Registry, escalating to them tomorrow as nothing has come through yet, even though we had to pay £7 for it.

I'm going to prep my defence case in the meantime.

Right so you must have an impending date by which you had to file your Witness Statement and evidence...have you met that deadline? Check the Court paperwork when it was allocated to your local court and where the court hearing date was given. At the very least it's ''no later than 14 days before'' the hearing.

If you are late GET IT IN ANYWAY TO THE COURT AND THE OTHER SIDE.

Look at other threads with WS posted up, like hopsfield's thread, Gin and Milk's thread, spaceman8's thread, Stuart Hamilton's thread, bigsej's thread...

This is your chance to file the evidence you will be relying on (photos, case law). You don't just turn up with it.

KimmyHrunt

Thanks Coupon.

Question, will VCS have to supply me with a copy of their document/evidence as well as the courts? Today is the day in which i need to submit mine by :-(

Also, i can only supply evidence around my previously submitted defence online cant i?

Do i have to post it or can i hand deliver it or email? Its not very clear from the letter?

Can i email to VCS?

I'm walking distance away from the court.

I've had nothing through the post from VCS either (as far as this morning).

Coupon-mad

Can i email to VCS?

I'm walking distance away from the court.

Yes, email a signed/dated scanned copy of your WS and evidence to VCS using their email addy shown on their letters/PCN.

Take a nicely numbered and organised file or folder in person to the Court before 4.30 today, or maybe a day late to them if it means you'd organise it better with another 24 hours to make it look good. Times New Roman, 1.5 line-speced, with evidence appended and numbered (and all pages numbered too).

will VCS have to supply me with a copy of their document/evidence as well as the courts?

Yes and BW Legal are often very late which is good, because it means you can write a quick objecting letter to your 'presiding Judge' for your claim number, pointing out they missed the deadline and have caused you significant disadvantage (and you could also wallop in a late skeleton argument rebutting their late efforts).

At this moment what you need to meet is this deadline, just for a WS, not for legal arguments. A simple WS is shown in post #13 here but remove point #4 and change all the details about what you do admit to/can confirm as true:

https://forums.moneysavingexpert.com/discussion/5583580

His other posts show his planned case law, photos, other evidence and legal arguments (skeleton argument) but as you have not had VCS' WS, that can wait in your case until next week. Let us know by then if you do/don't have their WS and what your court date is, and we can then help with the skeleton & evidence.

KimmyHrunt

Coupon-mad wrote: »

Yes, email a signed/dated scanned copy of your WS and evidence to VCS using their email addy shown on their letters/PCN.

Thanks i will do

Coupon-mad wrote: »

Take a nicely numbered and organised file or folder in person to the Court before 4.30 today, or maybe a day late to them if it means you;d organise it better with another 24 hours to make it look good. Times New Roman, 1.5 line-speced, with evidence appended and numbered (and all pages numbered too).

I have spoken to the court, they advised i can email them a copy.

Coupon-mad wrote: »

Yes and BW Legal are often very laet which is good, because it means you can write a quick objecting letter to your 'presiding Judge' for your claim number, pointing out they missed the deadline and have caused you significant disadvantage (and you could also wallop in a late skeleton argument rebutting their late efforts).

Coupon-mad wrote: »

At this moment what you need to meet is this deadline, just for a WS, not for legal arguments. A simple WS is shown in post #13 here but remove point #4 and change all the details about what you do admit to/can confirm as true:

https://forums.moneysavingexpert.com/discussion/5583580

His other posts show his planned eveidence and legal arguments (skeleton argument) but as you have not had VCS' WS, that can wait in your case until next week. Let us know by then if you do/don't have their WS and what your court date is, and we can then help with the skeleton & evidence.

Sorry i'm being really numb here - but i thought this was my entire legal argument i was having to submit? I have already submitted a defence/witness statement at the point of the AOS, are these two different things? I thought i had to sumit my legal arguement in advance and then take a copy with me to court?

Whats the difference in the mentioned witness statement and the evidence/legal argument?

Thanks for your help here, much appreciated.

Coupon-mad

I have spoken to the court, they advised i can email them a copy.

You can if it's just one page, but when it comes to your skeleton argument & evidence, that should be presented in a folder or file, including a copy of the WS in case the court clerks lose it.

Coupon-mad

Sorry i'm being really numb here - but i thought this was my entire legal argument i was having to submit? I have already submitted a defence/witness statement at the point of the AOS, are these two different things?

Two different things.

Take time to re-read the links under 'Small Claim?' in the NEWBIES thread. At this point you have shown no evidence, case law etc. You need that in response to their WS, in support of your initial defence.

Right now you need to send your Witness statement - look at the link I just showed you, I explained to him the WS is just 'the facts'.

KimmyHrunt

Coupon-mad wrote: »

Two different things.

Take time to re-read the links under 'Small Claim?' in the NEWBIES thread. At this point you have shown no evidence, case law etc. You need that in response to their WS, in support of your initial defence.

Right now you need to send your Witness statement - look at the link I just showed you, I explained to him the WS is just 'the facts'.

Thank you.

Does this mean becuase they are the claimant, i need to provide me legal arguement after viewing their facts evidence?

I'm readng the 'Notice of Allocation to the Small Claims Track (Hearing)' letter i have and it states:

"2) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing.
3) The original documents must be brought to the hearing
4) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this order.
5) The documents to be sent to the parties and the court must include the statements of all witnesses (including the parties themselves).
6) A witness statement must:
c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages

7) The judge may refuse to hear the evidence or consider any statement or any witness whose statement has not been prepared and copied to all parties and the court in accordance with the paragraphs above."

That contradicts the example witness statement which i'm looking at (in post #13 from the link) doesnt it?