Pcn small claim but no defence

nosferatu1001

Why is anything in their rubbish worrying you?
They're trying to claim that an agent:principal relationship extends to a private individual. This is complete !!!!!!!! and they know it
They're trying to claim that as they're not using pofa this suddenly helps them. But you point out that parliament CLEARLY wanted THIS to be the only way to hold a keeper liable - so the fact they're not using this is telling.

SophS

D-day today. will update after hearing. Does anyone know if Judges are to be addressed as Your Honor, sorry if its a stupid question. Ive never been to court before.

KeithP

Sir or Madam is good enough.

System

And good luck too. A win on their home turf would be excellent.

SophS

I literally cannot believe how quick it all happened but will try and summarise below.

The hearing was at 2 pm and we were called in at 2.22pm. I was by myself.

District Judge Daniels dismissed the case and I was out by 2.26pm. I didn't even have the chance to open my mouth.

We did not get passed the first point of my defence. The judge found the claimant VCS having no cause for action due to evidence THEY submitted that I picked up on straight away and used in my WS. eg the invalid contract between VCS and the landowner.

BWL rep (was really nice actually, she approached me beforehand and was really helpful and kind, she give me a run through of how proceedings work, what to expect etc) told the judge that they had requested from VCS a upto date contract but it was not forthcoming.

The judge said in that case, theres no claim to answer to and the case is dismissed.

So we didnt get passed point one, didnt have to use PoFA arguments (although that was my 2nd argument), nothing on signage, charges or anything else for that matter.

My only regret was not submitting a statement of costs prior to court hearing so the judge limited my prepared one to just travel and parking on the day. I cant complain though, its way better than having to pay a £460 fine.

Many many thanks to RedX, KeithP and Coupon Mad for helping from the start, IamEmanresu, Umkomaas, Claxtome, Bargepole, castle and nosferatu1 too and finally that wealth of knowledge with invaluable hints and tips that is Jonersh.
:j

Redx

well , all I can say is , WELL DONE


its a shame you have to go through all of this when they failed at hurdle number one !! lol , but had we known all this at the start then a one point defence would suffice, but as we always throw the kitchen sink at them its good to know it cost them a lot of money that was wasted due to intransigence and a lack of due diligence


this thread will also serve to help others with all the contributions made by yourself and others, hopefully you will also help others in the same boat on here, as the voice of experience


meanwhile , have a sherbert or two tonight (raise a glass)

System

Well done - and another court BWL/VCS can forget. What a waste of everyone's time and effort.

Castle

SophS wrote: »

We did not get passed the first point of my defence. The judge found the claimant VCS having no cause for action due to evidence THEY submitted that I picked up on straight away and used in my WS. eg the invalid contract between VCS and the landowner.

Well done on your win.

When you have time you should consider making a formal complaint to DVLA because without a valid contract VCS have unlawfully obtained your details.

SophS

What a waste of everyone's time and effort.

Completely agree, I was anxious as hell and completely out of my depth never having stepped foot in a court before, I found it very intimidating and really hard going with at one point 15 tabs open trying to research how to answer to this case.

without a valid contract VCS have unlawfully obtained your details.

True, the contract in their defence had expired 3 years prior to alleged contravention, I cannot say if they have an up to date one now though so do you think its worth a try? BWL rep today said they requested one but VCS didn't provide it.

[Deleted User]

Chapeau!

3 years out of date?! Probably ripe for a costs order, but the main thing is you extracted yourself from the unwarranted charges and cost them money for good measure.

A glass or two is merited