VCS County Court Business Centre!

moochmenswear

Hi, help / advice would be greatly appreciated. I have received a County Court Business Centre Claim form - the Claimant is VCS Sheffield, I'm sure people know them!

This is in relation to a company vehicle that has been photographed at Liverpool International Business Park.

I have logged on to Money claim and to AoS. Please can anyone offer advice re my defence asap?

Redx

same as this one lower down the page you seem to have missed


https://forums.moneysavingexpert.com/discussion/5848936

also read post #2 of the NEWBIES FAQ sticky thread as well

moochmenswear

Hi, thanks. Although I'm not seeing which is the best defence to go with? I have a claim form from the County Court Business Centre, i need to enter a defence?

nosferatu1001

Yes, we know you need to enter a defence

WHat is the ISSUE DATE of your claim form? Havign done the acknowlwegdemnt you have 33 days for the court to receive your defence.

Have you read post 2, or the defence linked?
You wont be told "this is the best defence in all cases" because no such thing exists. YOu need to READ the threads properly, understand the defences presented and make up YOUR OWN MIND as to what is best. You can ask questions, of course, but the more general they are, the less help we can be. Especially as you have provided absolutely zero information on exactly what thtye are claiming happened, what you claim happened on the day, etc. s

Redx

do the above, draft your own bespoke defence, post it for critique
there is no one size fits all defence , they are all bespoke

moochmenswear

Thanks. The issue date is 07 Dec 2018. The particulars state the sum claimed £160 in respect of a CN for a contravention date, time and location etc. Terms of the CN allowed the defendant 28 days from issue to pay but failed and failed to settle their outstanding liability. Claimant seeks recovery of the CN and interest under section 69 of the County Courts Act 1984 at the rate of 8%.

The vehicle it relates to is a company vehicle that has now been sold on. At the time it was attending a pre arranged business meeting on the Liverpool Int Business Park (the facility is 200 metres away from the alleged offence). The vehicle was not parked but stopped to check the address and turn around in an area off the main road where no signs were clearly visible and without yellow lines are not painted on a certain section. Also, when there is heavy rain, the yellow lines can not be seen. The original photo evidence sent to the resisted keeper (the company) lasts a minute at most.

Castle

So who is the defendant; the company or an individual?

moochmenswear

The individual, the company must have supplied a name.

Redx

email the VCS DPO a SAR and get all their evidence , NTK, hire docs , pictures etc

the first thing to decide is if the defence is in the name of the KEEPER on the day (you) , or the driver on the day (no need to name them here, it could have been anyone)

a drivers defence would focus on exactly what happened that day, witness statements about the signs etc, plus the events


a keeper defence hides behing POFA2012 and their failure to comply


I assume you have read that link I posted in the other thread ?

moochmenswear

Apologies, what does DPO a SAR and NTK stand for? Doesn't say in the abbreviation section.

The Claim form is addressed to the individual so does that not mean it will be a drivers defence? as the keeper is a company anyway?

Thanks.

Redx

moochmenswear wrote: »

Apologies, what does DPO a SAR and NTK stand for? Doesn't say in the abbreviation section.

The Claim form is addressed to the individual so does that not mean it will be a drivers defence? as the keeper is a company anyway?

Thanks.

OH YES IT DOES , in post #5

the keeper is the day to day keeper, as in hirer/lessee in this case , that person is in charge of the vehicle but not the owner or the RK so is the day to day keeper, or KEEPER for short

doesnt mean they were driving, could have been me , a chauffeur , or one of millions of insured drivers in this country like a mechanic or mot tester or courtesy car driver (or even an uninsured driver) -

you havent thought this through properly , so read posts by edna basher (our resident exxpert) of vehicles that are lease or hire or company vehicles as opposed to private vehicles, dont assume (ie:- its more complex when its these company or hire or lease vehicles , especially with POFA2012 which specifically mentions them)