VCS Letter Before Claim, Flora St.

KeithP

You need to send 'copies of all the documents I will rely on'.
Seems quite clear to me.

However, do not print all the 228 pages of POFA2012. The eleven pages of Schedule 4 is enough.

sensai

The claimant must pay the £25 court fee before a certain date; can you please tell me if this will be clearly flagged up (whether it is paid or not) on my MCOL Status Summary?

KeithP

sensai wrote: »

The claimant must pay the £25 court fee before a certain date; can you please tell me if this will be clearly flagged up (whether it is paid or not) on my MCOL Status Summary?

No it will not be flagged on MCOL.

MCOL plays no part in the process once a case hase been transferred to your local court.

Phone, email or visit your local court for the answer to that sort of question.

Coupon-mad

You have to assume they WILL pay it, because they will. They are after your money.

Did you get those photos? Can you show us?

sensai

Apologies Coupon-mad, I haven't been checking the thread as often as I should due to the quiet period prior to sending my WS in. I'll post up the photos shortly, I presume it's the ones about the aforementioned poor markings.

In my Notice of Allocation from the court it says in bold type if the £25 fee hasn't been paid by a certain date, the claim will be struck out. That date is now past. I contacted the court 2 days before the fee deadline and it hadn't been paid. I am ringing on Monday for an update.

On my first query to the court, I was advised rather vaguely about the striking out of the claim, although I have read somewhere on MSE that the court staff might not have a full grasp of the rules.


UPDATE: Court tells me that fee has been paid, so back to finalising WS and photos.

sensai

First image taken on 11 feb, and second image taken on 23 feb. I can't confirm who did it. Seems to have faded away of late.

Coupon-mad

Weird. Never seen anything so crappy! Drawn on with yellow chalk by hand?!

sensai

Must have been chalk as it's now been washed away!

sensai

The court hearing is only a few days away. My WSs have been sent, the one I have received from VCS contains many paragaphs of waffle by their para-legal. However he/she has disputed all the PoFA assertions in my Defence Statement. This statement is slightly altered from the one posted earlier only for the reason of clarity and the addition of the advised amendments, but it is substantially the same.

1. He refers to the ticket as a "windscreen warning card", and claims it is not a CN although my Particulars of Claim notice states clearly that they have issued a Charge Notice (CN).
2. One para refers to Vine v Waltham Forest (2002) which is about trespass.
3. He has submitted a copy of the contract.
4.He emphasises that it was not a NTD attached, so Para 9 applies.


As mentioned he has challenged all the PoFA paragraphs, I could upload a scan of the relevant section if required. Note that some para numbering on my final (Defence) version will be different; I could also post a scan of that (if desired) to avoid confusion.

Coupon-mad

Search the forum for the winning case the other week, where a poster convinced a doubting Judge into finding in the end, that VCS can't say a document that looks like a duck and quacks like a duck, isn't a duck.

Refer to that case in your own WS and quote what the Judge said in the end.

Sorry I can't recall the username this time, you'll have to search VCS Judge or a similar couple of punchy keywords.