County Court Claim BW Legal/VCS

looking2save

My court date is 19 Dec 17.

I am looking to complete my WS.

My main issue is that I simply can't work out if this is my NtK and if it follows PoFA schedule 4.....

http://s38.photobucket.com/user/Haydonias/story

If someone could let me know either way it would be appreciated.

Lamilad

Don't use photobucket, it's packed with ads. Try something like Dropbox, Google drive etc

Umkomaas

As a (former) photobucket app user, I can’t access any of the links from them now unless (it seems) I pay some sort of fee.

Keep getting error messages that I don’t understand (‘parse error’, whatever that is!), so won’t spend any time trying to find work-arounds when there are plenty of free alternatives!

Please use tinypic, imgur or Dropbox - no problems with any of them (as yet!).

looking2save

As requested, hope this helps...

https://imgur.com/8D2Qlqj

and

https://imgur.com/LUvaYTn

Umkomaas

looking2save wrote: »

As requested, hope this helps...

https://imgur.com/8D2Qlqj

and

https://imgur.com/LUvaYTn

They are not pursuing the keeper under the Protection of Freedoms Act 2012 - there’s no mention of PoFA in the NtK. They can only pursue the driver.

looking2save

So it has to state that it complies to PoFA and not just simply comply?

I really don't want to go down a route I don't understand/can't get my head around as I will struggle with it on the day.

If someone could clarify this in leymans terms it would be appreciated.

System

So it has to state that it complies to PoFA and not just simply comply?

I was in America at this time (passport stamp 23/10/2014) and have a parachuting log book showing me jumping in California over the 26 Oct 2014.

Wouldn't get too worried. In court POFA appears to be "optional" in that judges will use it to swing a case if the defendant is taking the ..... Where there is genuinely someone not driving and evidenced by flights, they tend to find one of the many other reasons to throw it out.

Use your WS to have more of a go at the idiocy of BW bringing the claim in the first place and see if you can get "unreasonable" costs as well as standard costs.

They are wide open for costs if you have already sent details of your flights.

looking2save

UPDATE - Just received a letter from BW Legal stating that their client (VCS) has instructed them to cancel proceedings!

This was post them offering a £150 discount a week earlier, kinda gutted tbh.


Thank you to everyone who has assisted me to reach this point.

Let me know if you want me to upload the letter.

System

Seems BW were looking to save something.... perhaps it was your costs when they read your WS.

Can't say this enough now - get the costs in a few days before. Since the law is a two way street, then play DJ lottery with them. They are hoping they get away with not paying for their idiocy if we allow them to. So costs should go in along with any WS or Skeleton.

looking2save

Update - received a letter yesterday from BW Legal stating that they were giving notice of discontinuance to the court!

This was a few days after they kindly offered to reduce the sum being claimed by £150.

Part of me is gutted as I was all prepared to attend court, but the remainder is also glad it's over (for now at least!).

Many thanks to all who helped along the way.