VCS Parking - CCCF Letter Received - Defence helped needed

[Deleted User]

I've now read this. There are things that I might have done differently, but I think it'll do. The only last thing that does occur is whether your colleague would be willing to give a statement in support as corroborative evidence? They may be of the view that it is better to drop the case if you can serve 2x witness statements.

In the meantime, yours is fine as things stand, whatever happens.

It's a bit late, you may be able to turn something around if your colleague is only too happy to sign a
1 para statement saying his job role, that he has regularly contacted the Highways Agency and the Council and that it remains his understanding that VCS may be applying tickets on public land as the roads are public to the best of his knowledge.

There is time enough for him to sign it if you can sort out e-signatures via mobile phone camera or scanner. If not, just get yours in.

Best, Johnersh

saarchy

Johnersh wrote: »

I've now read this. There are things that I might have done differently, but I think it'll do. The only last thing that does occur is whether your colleague would be willing to give a statement in support as corroborative evidence? They may be of the view that it is better to drop the case if you can serve 2x witness statements.

In the meantime, yours is fine as things stand, whatever happens.

It's a bit late, you may be able to turn something around if your colleague is only too happy to sign a
1 para statement saying his job role, that he has regularly contacted the Highways Agency and the Council and that it remains his understanding that VCS may be applying tickets on public land as the roads are public to the best of his knowledge.

There is time enough for him to sign it if you can sort out e-signatures via mobile phone camera or scanner. If not, just get yours in.

Best, Johnersh

Does the e-mail not suffice as proof of what you say above? Or would I need to provide a seperate Witness Statement for him? I can type one up quickly and whip it over to him for approval/esignature. Assuming this would need to be submitted by 4PM as well, in the same bundle as my documents?

saarchy

Is the below dropbox link suitable for him to sign and return to me?

https://www.dropbox.com/s/qt1k8vsgoxf7uz8/Witness%20Statement%20-%20FM%20-%20D0QZ924M.docx?dl=0

[Deleted User]

Tweak the last sentence.
...To the best of MY knowledge and as I advised all staff in my email dated xxxxx.

Nearer the time you may want to try and agree the statement with the defendant to avoid the need to drag him/her to your hearing. The hope gas to be that the claimant won't want to do battle with you both.

saarchy

Johnersh wrote: »

Tweak the last sentence.
...To the best of MY knowledge and as I advised all staff in my email dated xxxxx.

Nearer the time you may want to try and agree the statement with the defendant to avoid the need to drag him/her to your hearing. The hope gas to be that the claimant won't want to do battle with you both.

Ah, I had assumed a short written statement would suffice and therefore they would be no need for this chap to join me in Nottingham on the day (given it's a circa 4 hour round trip for him). If there's any chance that he might be called to court on that date, I don't think I'm going to submit his WS as I don't want to inflict that pain upon him.

Given I've included his e-mail in full in my Witness Statement, wouldn't a follow up WS from him directly just be corroborating what I've put in my WS....?

[Deleted User]

Technically a witness statement should always be from someone willing to attend. That said, claimant witnesses often seem to be absent.

Youre clearly not going to compel him to attend. But this case may not proceed if the weight of evidence is against them.

The court can disregard or give less weight to the statement as it sees fit if he does not attend. There's also a possibility the court will excuse his attendance if you seem permission in advance from the court.

The key thing is to get your statement as a minimum in the post before that goes at 4pm!

saarchy

Johnersh wrote: »

Technically a witness statement should always be from someone willing to attend. That said, claimant witnesses often seem to be absent.

Youre clearly not going to compel him to attend. But this case may not proceed if the weight of evidence is against them.

The court can disregard or give less weight to the statement as it sees fit if he does not attend. There's also a possibility the court will excuse his attendance if you seem permission in advance from the court.

The key thing is to get your statement as a minimum in the post before that goes at 4pm!

Thank you Johnersh for your excellent last minute help! I've just got back from dropping off both letters in the postbox (to VCS and Notts CC) and will fire the WS over via e-mail to Notts CC now for redundancy.

So I'm guessing the next step is me receiving VCS Witness Statement tomorrow? 2nd August is the deadline so if I don't get it tomorrow, I'll be on the phone to the court first thing chasing.

Presuming it does land tomorrow, I'll post it up here for review. Interesting to see what they think they have against me, given I feel my defence is pretty bullet proof...

nosferatu1001

Is there a reason you are still communicating with the processing centre?
If your case has been allocated to High Wycombe, send the bundle to High Wycombe.

saarchy

nosferatu1001 wrote: »

Is there a reason you are still communicating with the processing centre?
If your case has been allocated to High Wycombe, send the bundle to High Wycombe.

My case has been assigned to Nottingham, not High Wycombe. Nottingham is my local court and hence why my documents are all directed for their attention.

Nothing from VCS today, currently on hold with the court to try and find out what's going on. Will update asap

saarchy

saarchy wrote: »

My case has been assigned to Nottingham, not High Wycombe. Nottingham is my local court and hence why my documents are all directed for their attention.

Nothing from VCS today, currently on hold with the court to try and find out what's going on. Will update asap

Am I missing something here?

EVERY single number on the Notts CC contact page just rings out. There's no mailbox/queue feature. It's 2PM on a bloody Wednesday and I've called the place over 200 times, on all extensions, and no-ones answered.

http://justclaim.co.uk/county-courts/nottingham-county-court.html

Do I have to go there in person?

E: Just spoke to someone in the Notts Crown Court who says the Notts Civil Court all turn their phones off after 2PM! This is tragic...