BW Legal for VCS county court claim

Djdamo

Recieved a letter today from BW Legal regarding their intention to continue with the claim and have notified the court also.

Now I wait for the directions questionnaire. At what point do I get to see their evidence or lack of for that matter?

Coupon-mad

With their WS.

The NEWBIES thread post #2 tells you 'what happens when' with two links.

Djdamo

I have read it but found some aspects slightly confusing. I'll read through it again tonight to refresh my memory.

Djdamo

The directions questionnaire came today and I've read the post regarding how to fill it in from the newbies post. I have a few questions however.

1. The keeper wishes to deal with the case via the papers only. I've informed them of the advise on here however I couldn't get them to change their mind. I'm unable to see where this can be requested on the form received.

2. I'm assuming dates available would not be required for dealing with this on paper?

3. Am I correct in thinking there will be 3 witnesses, the keeper, the driver and the person whom the driver was meeting?

4. As I'm 100% sure there will be no evidence of the vehicle parked in their car park as stated in their NTK how would they try to prove their claim? There has been no information or proof received after the appeal letter was sent or the SAR which was acknowledged on 28th March. Is there much chance that the keeper can successfully defend this via papers only with a lack of their evidence? (Appreciate this would just be opinion)

5. Ive so far been unable to locate documentation or information for a post made by Coupon-mad regarding the TMA 2004 and where a TRO is in place the road can only be enforced by proper penalty notices issued via the council.

6. I spoke with a representative at the highway department who said that the Welsh Government, who are the road owners, may have had a contract with VCS to control parking on the road. If this is so and the vehicle was parked against their conditions does the fact that the wording on their NTK being incorrect help the keeper defend the case? The original NTK was ignored as the vehicle had not been where they claim. An appeal was sent regarding this but ignored.

Any help with the above questions would be greatfully received.

Quentin

Djdamo wrote: »

The directions questionnaire came today and I've read the post regarding how to fill it in from the newbies post. I have a few questions however.

1. The keeper wishes to deal with the case via the papers only......

Why do you want this done on papers only?


Not advised here!!

nosferatu1001

1) Form N159 i believe
2) Dealt with by N159
3) Only i fyou want to out the driver. If its on papers tehre will be no witnesses present
4) Well you need to get the info from the SAR to be sure, but you would point out your evidence that teh car wasnt there - and your evidece to support it. You would need as much as possible. Witnesses ARE evidence.
5) If it is a real road then of couse they have no rights to enforce there. It isnt private land.

Djdamo

Thanks, does N159 replace the directions questionnaire or is it as well as?

Is there anything wrong with outing the driver at this stage, especially as they are the main witness to where the vehicle was parked. The keeper was not with the vehicle at the time. The other witness is the person the driver was meeting.

The road is indeed a real road, and according to the highway department it's privately owned by the Welsh Government and as of yet has not been adopted by the council, however there is TRO which covers the road.

KeithP

Djdamo wrote: »

Thanks, does N159 replace the directions questionnaire or is it as well as?

Just sticking N159 into google will get you an answer much quicker than asking that question here.

Coupon-mad

Is there much chance that the keeper can successfully defend this via papers only with a lack of their evidence? (Appreciate this would just be opinion)

Yes it could be if the Judge is good, but which court is their local one?

does N159 replace the directions questionnaire or is it as well as?

Read the form, download it online, it will tell you what it's for.

Is there anything wrong with outing the driver at this stage, especially as they are the main witness to where the vehicle was parked. The keeper was not with the vehicle at the time. The other witness is the person the driver was meeting.

What, you mean the keeper says they were not the driver and nor have VCS complied with the POFA, and the driver was in fact xxxx xxxxx. Trouble with outing the driver is, VCS could move on to the driver if they fail to get the keeper.

Ive so far been unable to locate documentation or information for a post made by Coupon-mad regarding the TMA 2004 and where a TRO is in place the road can only be enforced by proper penalty notices issued via the council.

http://notomob.co.uk/discussions/index.php?topic=4512.0

Quentin

Djdamo wrote: »

Thanks, does N159 replace the directions questionnaire or is it as well as? ........

N159 is the notice to both parties that the case is allocated to small claims and that unless anyone objects it will be dealt with by papers alone ( no hearing)