Claim form Vehicle control services

nosferatu1001

WOw, a month and nothihg then a full defence. Are you hoping for much critique??

If there was a Notice to Driver on the windscreen they can only access the DVLA database after 28 days
If this is the usual "not a Notice to Driver" "myparkingcharge" notice, then the DVLA do not consider this a NtD and a court may or may not. It isnt the stongest POFA non-compliance point.

Franky2301

I have been working behind the scenes as I know how busy you guys are answering lots of posts, Any critique would have been good however my deadline is Monday!

I am unsure of what type of ticket was on the windscreen as I was not the driver �� I have however recieved SAR info back now, and there are no images and/or evidence to prove who the driver was

Franky2301

Hi All,

Quick update .. I have recently recieved a court date and are trying to work on what I need to do next, I have read the sticky threads but am struggling to get my head around it all!! As I was not the driver of the vehicle and was actually at work at the time of the alleged offence I am able to get this in writing from my employer .. would this be acceptable defence evidence? Would it also be worth noting that the parking enforcement is no longer in force and the contravention site has reverted to parking bays again. I have severe anxiety and are really dreading the thought of going to court I have had a traumatic experience in the past of attending a crown court as a witness and even the thought of attending court again is making me feel sick to my stomach!! Is there possibilities of people attending on my behalf other than a solicitor as this is something I cannot afford for such a petty claim!

KeithP

It is nothing like a Crown Court experience.

It will be worth you watching this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Redx

if you are being represented in court then you physically have to be there

the alternative is to tell the court you are not attending and to hear it on papers (not recommended)

we always advise people top be there, even if you have a lay rep or McKenzie friend with you to help you

and as mentioned above, its not like crown court, its like a job interview with only a few people sat around a table in a small room (usually)


the court letter you received tells you what to do next, plus the NEWBIES thread post #2 also has advice and guides, especially by BARGEPOLE and LOC123

Franky2301

Thank you, that video was very helpful.

Have there been many cases where they have been won on papers?? The court fee has not yet been paid so I am hoping that the claim is struck out on this reason! It is very wishful thinking though!

Are you able to provide any answers to my other questions re: the letters from employers etc, and I am unsure what to do regarding signage as they are currently not visible?

Redx

always gather your evidence, so photos , witness statements , everything asap, including a SAR to the DPO at the PPC by email if this hasnt been done already

no need to ask, get it all, all data , all pictures , all witness statements , employer statements , everything , no need to even ask, just DO

Coupon-mad

As I was not the driver of the vehicle and was actually at work at the time of the alleged offence I am able to get this in writing from my employer .. would this be acceptable defence evidence?

Yes, definitely get that and refer to it in your Witness Statement (see the NEWBIES thread post #2 for examples of this stage, and the sort of evidence to include).

Would it also be worth noting that the parking enforcement is no longer in force and the contravention site has reverted to parking bays again.

Yes, if only to say that you believe VCS' contract was ended due to this sort of predatory ticketing and complaints (we all know it's likely, so say you believe so, from local knowledge...).

What date do you have to get your WS and evidence in? Prepare it, and show us your draft, but wait till close to the cu off data in the hope of seeing VCS' evidence first, so you can tear it apart in your own WS. For example they will admit they are not relying on the POFA for keeper liability but are assuming you were the driver (which they can't, but hey, they do...). your employer's signed and dated statement, giving dates and details that match the date of the parking event, will disprove that.

Is there possibilities of people attending on my behalf other than a solicitor

No, unless you ask for the case to be heard on the papers. Some courts are better than others at dealing well v VCS, so which court is it?

Franky2301

Great thank you!

GOOD NEWS I have this morning spoken to the Landowners/management company of the site and they have advised that VCS ARE NOT legally contracted to enforce on the site, they will be putting this into writing for me shortly! What happens now?

Franky2301

I am guessing this also means that thy have illegally obtained driver details from the DVLA?