VCS Claim received, defence help please

Coupon-mad

I have had nothing from BW Legal, is that unusual ? The claim form has VCS on it.

Yes, we do see some claims direct by VCS and Excel. We still see them beaten.

I will be emailing it off this week with the heading and footer on.

And your signature/date - a scanned version. Making sure it goes to the ccbcaq justice email addy for the CCBC that's in several threads.

KeithP

Coupon-mad wrote: »

Making sure it goes to the ccbcaq justice email addy for the CCBC that's in several threads.

And now in this thread...


Rob800, when you are happy with the content, the Defence should be filed via email as described here:

1) Print the Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

rob800

Hi, Quick question guys. I am preparing my witness statement and have noticed that they did not send me an LBC. In their WS they state they did in May but I didn't get a copy and there is no copy of it in the corespondance evidence they have attached (everything else is there). Looks like they messed up and didn't send one. How am I best hammering them with this ? what have they breeched by not sending one ?


Thanks

Le_Kirk

Others will correct me if I am wrong but I think that would have gone in the defence as part of failure to comply with CPR. I don't think you can include it in WS unless you show a timeline of starting with the parking events, PCN, debt collector letters, MCOL and showing a gap where you would normally expect to see a LBC.

rob800

So I went to court on Friday and won. VCS made so many mistakes it was a joke. In their WS they called it a pay and display car park several times, which it isn't. They also said it had 21 spaces when even their own contract from the landowner confirmed it was 100 spaces.


On the day they sent someone to rep for them who was only instructed 90 minutes before the hearing and only just got there in time, he had none of the documents and they were too big to email him, some karma in there somewhere. He tried to have a 'little chat' before the hearing and tried to get me to cut a deal and pay part of it - no chance.


The judge spent an hour reading all the documents before calling us in. She amusingly asked if I was a solicitor or just done a lot of research. It didn't proceed how I expected, she narrowed the list of issues down to only a few, rather than hearing points from both sides. She didn't want to consider the POFA issue, even though that was one of my main points, also pre action protocol and the lack of independents appeals process were considered not relevant.


In the end I won because of a signage issue on site, which they failed to explain or address in their evidence. Also the photos of the number plate were partly obscured so didn't prove it was my vehicle. She also was not impressed with the errors in their evidence or lack of evidence from the attendant either.


A very time consuming and stressful thing to do but won in the end, even if I only get the £95 for having a day off work. It has at least given them a black eye and cost them a few quid.


Thank you to Coupon Mad and everyone else that has helped on here.

Umkomaas

Well done and thanks for the comprehensive feedback.

Yours is the second court case report in the past few days where the Judge decided not to consider PoFA. All a bit worrying that our judiciary feel able to disregard a law of the land.

rob800

Yes, I had a strong argument that they had not complied with their windscreen notice that they claim isn't a CN but then claim later it is the CN in question. They clearly didn't comply with paragraph 7 and 8 in that instance.

SMARTY77

Great that you won! Really pleased you took it all the way and left victorious. I’m in process of filing a defence for a VCS claim. Your post, and defence detail has given me some good pointers. :rotfl:

beamerguy

rob800

Very well done to you :beer:

Interesting that the judge took an hour to read first.

Highly possible the judge was looking for flaws and the quickest way to dismiss was for the signs

VCS and their ex clamper boss did themselves no favours when he went on a rant about a judge ........ nuff said:rotfl::rotfl:

rob800

Smarty - If you would like a copy of my Witness statement or anything just let me know.