VCS Letter Before Claim - CASE DISMISSED

nosferatu1001

If the judge asks you, you must truthfully answer. 
Did you get that doc stating they never gave the company authority to pursue charges to court, and dont want them to pursue this one? Pretyt helpful doc to have

Turnip00

Unfortunately I didn't. Haven't been able to contact him since. 
He did provide an unsigned contract but the dates don't match up, it was also for Excel if I remember correctly. 

So would I have to tell the judge who was driving?

My thought is that as the notice to keeper was sent out later than described in pofa2012 for anpr, then anything that has happened since is all irrelevant,  therefore no liability.....please share any thoughts on that. 

nosferatu1001

7 months on you should have had something
Also it being EXCEL is somethign you should know is a problem for them! VCS and Excel are "sister" companies but if they gave Excel permission then only Excel can sue. Noone else. 

What part of you must tell the truth is a problem here? If you know who the driver was, you must say if directly asked. If you are unsure, then you state as such. 

It isnt irrelevant, IF the driver is found or the court finds as fact that the keeper is the driver, then POFA is of no help to the defendant. 

Turnip00

I've just phone the landlord, he's going to call me back later. Still adamant they never gave permission to take people to court. 
I need to look at the contract he provided me again, I think it had expired before the contravention date on my NTK.  
Something that I did read in it was that they would abide by the provisions of pofa 2012 and also their governing body's code of practice.  If they have not done those things then would that be enough to make the contract null and void?
It's a hypothetical question but I'm assuming that these contracts will all be worded similarly. I've asked VCS to provide one on a number of occasions but they ignored me. Surely one will have to be produced as evidence? 

D_P_Dance

 Still adamant they never gave permission to take people to court. 

J am sure that a judge would like to see this in writing.

 Surely one will have to be produced as evidence? 

Dozens, possibly hundreds, but YOU will have to look for them.  

Turnip00

 Surely one will have to be produced as evidence? 

Dozens, possibly hundreds, but YOU will have to look for them.  

I was meaning that surely VCS will have to produce a contract as evidence in this court case. 

I appreciate you all being patient with my. Thankyou.  

D_P_Dance

They may heavily redact it.  In any case, you want to see it now, so get searching. 

Turnip00

D_P_Dance said:

They may heavily redact it.  In any case, you want to see it now, so get searching. 

Could you possibly point me in the direction of where to start my search please.....will it be on the court website or similar? 

D_P_Dance

Previous threads, peppipoo, Parking Cowboys,  Legal Beagles, the Notomob. CAG,  Google, or a search engine of your choice.  You are six pages in, you should not be asking such questions.  

Redx

Turnip00 said:

I've now received my trial date for this matter and have a question for whoever may be able to advise. 
The PCN was a notice to keeper.  The driver of the vehicle has never been established and I believe I do not have to divulge that information anyway. 
What I'd like to know is the appropriate legal term/phrase to explain that. 

Thanks in advance.  

Read this thread

https://forums.moneysavingexpert.com/discussion/5692572/pcn-from-vcs-gallagher-retail-park-scun-thorpe#latest

That is what happens when a driver tries to hide behind POFA as a keeper where both entities are the same person

The claimant has to prove their case , so the claimant will proceed on the balance of probabilities that the keeper and driver are the same person , so 51% or higher

So refusing to answer , or lying , will not go down well , even a No Comment will not go down well

Once they prove that is the case , POFA is irrelevant because it doesn't protect a Driver and VCS do not bring cases under POFA , they assume that the keeper and driver are one and the same person

Sometimes hiding behind POFA works against you , it's better to use POFA when the keeper and driver are different people

So it doesn't matter what the phrase is when a claimant or a judge says

Were you the driver ? Yes or no ?