My Defence / VCS Simon Renshaw-Smith

leftandfred

Yes I will definitely do that this week just too tired now as not finished work long ago, it’s been a long day �� thank you
P.s not sure why my first defence (the one not used gets quoted at the top of a new page ?

Redx

You must be using the new forum skin which lists post #1 at the top of the page , to remind people of the topic , in your case it's the initial draft defence that you posted in the first post

Most regulars here prefer the classic skin , like me , so we don't see page 1 post #1 unless we actually go to page 1

Well done on your win , looking forward to your summary

beamerguy

Well done ....... VCS still working on "fake news" then

Could you please tell us how this panned out

nosferatu1001

WEll done! Indeed if we can have some detail that woudl eb great

leftandfred

Hi everyone sorry for the delay, just had so much to do with work and the kid’s football team.

So like I said we WON.

I arrived at Manchester civil justice centre for 9.20am my hearing was apparently 10am.
I was surprised how big this building actually is and how many internal court rooms it has.

Also I was surprised that it's very much like checking into an Airport terminal, you have to empty all your belongings, jewellery, phones, money, keys etc into a tray to be inspected.
Then you have to step through a scanner, then you step forward to a security officer and get frisked with a hand held scanner (safe place to work ;-).

After finally passing through all the security checks I made my way to a reception desk, I gave my company name and case number. The receptionist then informs you which level to go to and which court room number.

In my case it was level 4 court room 17.
On arrival at level 4 there is yet another reception desk where you have to book in (I noted that the lady took down my name and time of arrival).
The lady then informed me that I should take a seat in the waiting area outside court 17 as I could be here some time.

I sat there for about 20 minutes just reading over my defence, when a guy in his 30's came over and asked if I was David

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. I said I was to which he replied that he was the Solicitor Agent for VCS.

To be fair he seemed quite a nice chap, he asked if I had been here before (I said no) he then began to explain how it works and that we could be here for some time as there was I think he said 20 cases to be heard and only 4 judges. So he thought we would be heard around 11.30.

The VCS solicitor then asked if I had prepared a witness statement as he didn’t have a copy.
I explained the situation about not having received the court letter, so told him I had my WS with me and copies had been emailed to the court the day before. The solicitor asked for a copy and said the judge may allow it in or he may not. He then went off and sat down to read my WS.
After 10 minutes he came back over to me and asked if I was the Director or the owner of the company, to which I replied the owner and then thought to myself, should I even have told him anything.
He then went back to his seat.
Five minutes later the lady from the reception desk called out our names and said our case was now to be heard and guided us both into court 17 explaining that two students were going to sit in on the hearing.

I was surprised how big the court room was with rows of desks 4 deep before the judge’s bench.
The judge introduced himself as Judge Iyer and explained more to myself why we were here today.
He explained that he had received my witness statement but wasn’t allowing it to be used. At this point I tried to explain the reason why it was late, but the judge very quickly shut me up :-) I think I got one word out of my mouth, lol
The Judge then said there was something in the WS that could go against me.

Judge Iyer then began to question the VCS solicitor, unfortunately most of this I didn’t really understand or absorb, but he was asking the solicitor about POFA and who exactly they were making a claim against as they have stated the company name and also my personal name. The solicitor then informed the Judge that they were not pursuing this under POFA. But were pursuing it under the law of Agency.

Judge Iyer then began to explain the law of agency (again more to myself than the claimant).
He then began to really drill the solicitor as to how they could be pursuing under the law of Agency when the Defendant was a ltd company and a ltd company couldn’t possibly be a driver of a vehicle and that they had not made it clear who exactly they were making a claim against.



Some arguing began at this point between Judge and solicitor as the solicitor was asking the judge to look at his exhibit “registered keeper details” the solicitor argued that the vehicle was registered to the company and also to David

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who they presume, was the driver. The judge told him that the vehicle can’t possibly be registered in two different names and that it clearly states in his exhibit FAO David

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and that the company is the registered keeper.
At this point I think the judge said something like “a contract can’t possibly of existed”
The judge then slammed something down on his bench and shouted the claim was to be dismissed, and we could now leave.


I asked the judge if I could claim costs, he said he was not allowing any costs as I was late with my witness statement.


Me and the VCS solicitor both thanked the Judge and left the court room.

I took the lift to the ground floor with the solicitor, he began to explain to me that if the Judge had allowed my witness statement then he would have argued that the passenger child surname was the same as the defendant and as stated in dvla’s registered keeper details (as I never blanked it out). He did also say that because I didn’t blank it out the judge possibly realises that I was being honest.
The solicitor also said that VCS could try to pursue the case in my personal name but it wouldn’t be worth it as to the now length of time that has passed, over two years.

I asked the solicitor if he worked for VCS, he said no he worked for a legal firm some 15 miles away and he was here just to represent them. I explained that my whole intention of dragging this out was in the hope that it cost VCS more than it was worth and that I hope his legal firm put a fair size invoice into VCS.
He laughed and said believe me it will have cost them much more that the £160 they wanted from you.

To sum up the day all in all I have to say that it was a fascinating experience especially the court room experience which lasted around 25 minutes. It’s hard to believe how so much time and effort are put into something as trivial as a 19 minute parking stay, lol. You just can’t imagine how much money the government must burn through on this sort of crap day in day out, week in week out.

One thing I would like to ask.
I would like to put my case on social media and link the famous Stockport brewery’s face book site into it that owns the pub and car park.
Is that advisable or should I just abstain from ever drinking there beer again?

Again thank you so much to all the people that helped me with this, you really are a great knowledgeable bunch.

Kind Regards
Dave

Redx

which pub/restaurant was it ? a Robbies house ?


we agree its hard to believe sometimes, plus the costs involved


Judge Iyer is well known for chucking parking cases out, well done

leftandfred

Redx wrote: »

which pub/restaurant was it ? a Robbies house ?


The Airport Pub & Grill, Ringway road, yes Robinsons Brewery

Umkomaas

The judge introduced himself as Judge Iyer

That was good enough for me! Seems that J I has a pathological dislike for PPCs, and provided everything has been done correctly by the Defendant, (which clearly you hadn't), this was going to be a slam dunk. You winged it, and won. Well done you.

I bet the shoulders of PPCs, suing through the Manchester Court, must sink on seeing the name of J I on their paperwork.

Great result.

Umkomaas

Robinsons Brewery

Remember that from when I was a kid! Einhorn lager. Bleugh!

Coupon-mad

One thing I would like to ask.
I would like to put my case on social media and link the famous Stockport brewery’s face book site into it that owns the pub and car park.

Yes, do it!

I love the way the (lauded on this forum) DJ Iyer rescued you by disallowing the WS because it was late (but really because something in it didn't help you!). He is a legend.

:T