Urgent help please VCS Claim form received

Bellaandme

Hi

Firstly thanks so much to all the posters who have offered advice to get me to this stage. Brief summary of events;

We received a PCN on the windscreen (7 Oct 2017). I said don't worry I will deal with it using advice on MSE.;) So, we ignored all letters until we received the Letter Before Claim in May. This was responded to using advice on here about non compliance. We didn't receive a response from them with the info we requested as expected (basis of the claim, summary of events, advise regarding how charges were broken down, list of docs on which they intended to rely on...)

So my question is now that we have received the Claim form do we need to include information regarding who was the driver? My OH won't be happy if he has to go to court to defend himself and he really isn't patient with paperwork etc so I've been doing all the research. I understand that I need to start compiling our defence and will do this using others' examples, but just need to be sure I don't say anything I shouldn't...

Many thanks for your help with this

p.s. issue date on claim form is 3 September 2018. I've just received it from my tenant as we have moved recently so need to compile a response asap

Umkomaas

If the case has now reached the stage of a formal claim being issued against your OH, then I'm afraid he will have to deal with it (obviously you can do the work, but he will have to attend any court hearing). It is now too late to transfer liability to the driver.

As he is the registered keeper, you/he will need to closely examine the VCS Notice to Keeper to see if it complies with PoFA requirements (PoFA warning paragraph, dates of issue and receipt, other details required by PoFA Schedule 4). This is his/your first angle to tackle.

If there are errors in the VCS PoFA approach then he will have to argue this strongly at any hearing. Check the NtK out here - pedantically! Assess it on the basis that 'near enough' isn't good enough.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Bellaandme

Many thanks for your speedy response. Unfortunately i'm not sure the Notice to Keeper was kept so we may be screwed. This may be a very expensive lesson learned for me as it looks like i'll just have to pay the charge.

I will get digging through our moving boxes to see if the Notice turns up! Daren't tell the OH yet....

Umkomaas

You're at least 4-6 months away from any court hearing (but you must deal with the Claim form now - please read the NEWBIES FAQ sticky, post # 2 very carefully about acknowledgement of service and submission of the Defence), so you could send VCS a formal SAR asking for all the information you require and on which they intend to rely.

Make a list of what you require, including a copy of the original NtK. They have a month to comply. The more they don't comply with legitimate requests, the more unreasonable they will appear at any hearing.

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

KeithP

What is the Date of Issue on your Claim Form?

Bellaandme

Hi KeithP

The date of issue is 3 September 18. I understand that I need to file an AOS online so that I get some extra time to prepare my defence. I'm just researching to see if I need to provide any facts in the AOS or if I just acknowledge it before I submit.

UPDATE: I've just submitted an AOS, so i'm now trying to prepare an SAR letter to VCS as advised by Umkomass. I'm guessing I won't receive a reply as they didn't reply to my non compliance letter, so should I just start compiling my defence straight away based on other examples?

Many thanks

Redx

edit post #1 and remove any hint of who was driving, be careful what you write on here etc , no names , no pack drill , zip it !! lol


its not "your" defence , its the defence for the person named on the claim form , which they may be questioned about in court


POFA2012 non-compliance and the keeper not being the driver are the major legal points here


the time to name the driver has long gone , so in theory you are only assisting the defendant here, nothing more

Bellaandme

Thanks Redx

I've edited the post and the AOS has now been filed. I'm just hoping I can compile such a good defence that the OH doesn't have to go to court....otherwise I'll be well and truly in the doghouse

bargepole

Bellaandme wrote: »

Thanks Redx

I've edited the post and the AOS has now been filed. I'm just hoping I can compile such a good defence that the OH doesn't have to go to court....otherwise I'll be well and truly in the doghouse

There is no such thing as a defence which will stop them going to court. They generally don't even read your defence, they just carry on with the roboclaim process, hoping that defendants will cave in and pay up at some point.

Your OH, if he is the named defendant in the claim, WILL have to appear before a Judge within the next few months. It may be advisable to warn him now, and get yourself a supply of Pedigree Chum and Bonios.

KeithP

With a Claim Issue Date of 3rd September, and having done the AoS in a timely manner, you have until 4pm on Monday 8th October 2018 to file your Defence.

That's four weeks away. Plenty of time to hone the Defence to perfection.


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

1) Print your 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 chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

System

I'm guessing I won't receive a reply

You will get a reply as they must or run the risk of being closed down. They have 30 days so chase them up. You may get delaying letters like send us proof of identity etc, but come back if they do and we'll comment on it. But chase it up.