My Defence / VCS Simon Renshaw-Smith

bargepole

leftandfred wrote: »

I am a limited company, is bargepole saying that the case files will be sent to myself ?
or if you are a limited company can you not ask for your local court to be used ?

The rule is, that if both Claimant and Defendant are limited companies, the case is usually transferred to the court nearest to the Claimant.

If one of the parties is a private individual, it goes to the court nearest to that person.

If both are private individuals, it goes to the Defendant's nearest court.

leftandfred

ok thanks for all advise,
I will put down my local court but expect a trip over the pennines, lol

Why does a copy of the DQ have to go to the claiment ?

Thanks

Edna_Basher

Our company once managed to get a ParkingEye case transferred to our local Court. PE had left the box blank against the question "how many witnesses, including yourself, will give evidence on your behalf at the hearing?".

We argued successfully that because the Claimant had indicated that it would be sending no witnesses to the hearing, in order to minimise costs it was more appropriate for the hearing to take place at our local Court.

Redx

leftandfred wrote: »

Thanks Coupon-mad,
Tameside court was what i was going to put down, but manchester is also ok.
shefield is 30 miles away from tameside court, and 38 from manchester.
but both courts are 3 and 7 miles for myself.

Tameside county court closed some time ago and I believe the cases now go to Manchester County Court anyway


so assuming that I am right, then Manchester could well be my nearest court ( or it seems to be Stockport using this page https://courttribunalfinder.service.gov.uk/courts/tameside-county-court-and-family-court )

this is probably a moot point given that Sheffield is the more likely venue for this, but I thought I better mention it

leftandfred

Thanks for that RedX, i never knew that Shameside had closed.
I will add stockport and hope for the best.

Cheers

Coupon-mad

Just put Manchester, saying that this seems to be very local for the Claimant and for your company, no more than 30 miles to travel for each side.

State that and cross your fingers. The Judges at Manchester are onside!

Redx

leftandfred wrote: »

Thanks for that RedX, i never knew that Shameside had closed.
I will add stockport and hope for the best.

Cheers

its all a part of this cost cutting excercise and condensing down to fewer but larger courts

I believe that Stockport was also earmarked for closure but got a reprieve

any suitable county court mentions MCOL (money claim on line) in its business dealings, whereas some just say CRIME (like Tameside)

leftandfred

Just an update guys and gals,
Battle shall be fought in their backyard (sheffield)
No date yet.


Thanks

System

You might want to check the daily lists for Sheffield as VCS are quite busy there between now and Xmas. They seem to have tumbled to the fact that suing companies is cheap and easier for them.

https://www.courtserve.net/courtlists/current/county/indexv2county.php

How else is Simon going to pay for his Xmas pressies. See if you can learn a few tricks too.

polarbear19642

VCS lost E7QZ5X87 their case on 6 Nov 2018

VCS had failed to follow POFA in that the parking fine was issued at 13 days but received after 14 days , VCS argued that it was due to a delay with DVLA however the judge ruled that there was no allowance in the POFA to compensate for delays and 14 days was it .
VCS then not being able to prosecute the registered keeper of the vehicle tried to argue that on the balance of probiblility the Driver was the Registered keeper and quoted a case .
However the case they quoted the Vehicle keeper had stated he often gave permission to others to drive , but in this case no such admission had been made and therefore he needed proof of who the driver was.
As their lawyer couldent provide proof of the identity of the driver the judge ruled against VCS.
Hope thats a help as it seems that if you dont follow POFA to the letter and ensure delivery in 14 days the case then rests on VCS proving the identity of the driver .
Good luck