Received a Letter Before Claim from Vehicle Control Services - help

Chucky1234

Many thanks for everyones help. I have my court case in an hour. I will update everyone when I come out.

Chucky1234

Hi all, so the case has been adjourned today at some point after December for a three hour hearing.

COURT REPORT:

I arrived at the court at 9:55 and spoke to the Usher to confirm my attendance. A solicitor then called me aside and asked if I wanted a chat and he explained he was representing Vehicle Control Services.

I was feeling confident so went and had a chat with him. He asked me if I had filed anything after my defence to which I replied yes, my Witness Statement, Evidence, Cost Schedule etc. He said he hadn't received those but I printed off email's where I had sent them to the Claimant. I then provided him copies of everything. I also printed off an email from the Claimant's email address confirming the Directors Questionnaire was received. He went off to make phone calls to see if they had received it and they said they do not accept evidence by email. The solicitor then said he would be looking to have the matter adjourned because he had only just received my documents. He did however compliment me on my comprehensive defence and he said it was refreshing to see.

He was then outside making a few phone calls and he came in and the usher confirmed we were next. I cheekily asked him if he would consider settling out of court, to which he said we can discuss it. I then said 'I would be looking for half my costs' and he just said no.

We were then called into the court around half 10. The first thing the judge said was that if we are going to fight tooth and nail he would have to adjourn the matter for a longer hearing. He then said in any case he would only be allowing £100 not £160. He then started speaking to me and said that he deals with this day in day out and the majority of the evidence was taken from the internet.

He then said provisions are in place and the legislation is there to hold the keeper liable if I don't tell them who the driver is. I said would that be the POFA? He said yes. I told him the POFA don't apply to this site as it is not relevant land. I then directed him towards my evidence showing firstly the POFA, then the Railway Byelaws sign on this site, and then the POPLA report.

He asked if there was anything else I would like him to look at and I pointed him towards my insurance document showing 4 people were insured to drive. He asked me if I was willing to say I wasn't the driver and I said I can't remember because it was two years ago. He said I should be able to look in my diary and confirm who was driving, to which I said I don't keep a diary. He then asked who uses the train station and I said all four of us two, it is our local station and trains run to two main city centres near here. He asked if I get the train to work and I said no, I drive.

He then went through the signage pictures and finally through the abuse of process court ruling.

He said he doesn't have enough time to settle the matter today as there are a lot of points from both sides and he suggested we come to an agreement. I then said I told the Claimant outside I would be looking for half my costs. The Claimant said my costs are nearing £600 to which the judge stated I could only claim £95. I said I would like to argue that the Claimant has been unreasonable, which the judge shut down straight away.

He then said how it wouldn't be cost effective for the Claimant to have the matter adjourned as it would cost a lot for the solicitor again for three hours and told us to try and settle it amongst ourselves. He said we can step outside for a while. I then said to the Claimant I would be willing for us to both drop hands and walk away. The judge said the solicitor has to make a call first.

So we stepped out and shortly after the solicitor approached me saying the Claimant would accept £85. I said no chance and then the solicitor told the court we are ready to go back in.

The judge then said he would be adjourning the matter for some point after December and he recommended a 3 hour hearing. The Claimant then suggested it is not in a block booking and we have an allocated time, which the judge noted down.

We then came out and the solicitor told me to post my witness statement and evidence to the Claimant and it would be adjourned. I then asked him how he thought the argument went because I feel like he doesn't have a leg to stand on. He said it was arguable and he said he was trying to ask his office whether they would walk away but the office were adamant Railway Byelaws do not apply to this land and they recently had a case where they won so that's why they were not willing to walk away.

So all in all, it looks like I have to go back - great. Any further advice/feedback? Thank you for everyones help.
I then said well how do you feel about the argument because I feel like you don't have a leg to stand on.

beamerguy

He then said in any case he would only be allowing £100 not £160

Not £160 meaning VCS lost about 40% of their claim. With their costs today, they are already on a loser.

With a 3 hour hearing next time, VCS losses will be much greater especially when you win.

Silly VCS, a drop hands offer where both walk away was the logical one but if they want to throw more money at a lost cause, it's up to them

What it does confirm is that yet another judge will not allow the £60 scam that VCS applies

Snakes_Belly

Sorry that the case was not concluded today but at least the £60.00 add on has been deducted. Three hours of rep's time is going to be very expensive for VCS as they have already knocked up costs of £600.00. I do wonder if the judge allocated a three hour hearing to put the Claimant off.

Whatever the outcome VCS will be the biggest loser. They are not having a good week. I wonder how the other VCS case that was being heard in the same court got on?

beamerguy

Snakes_Belly wrote: »

Whatever the outcome VCS will be the biggest loser. They are not having a good week. I wonder how the other VCS case that was being heard in the same court got on?

Especially when they were told at their Caernarfon appeal that they cannot add on the fake £60 ??

Chucky1234

Thanks all. I am expecting to receive a letter shortly confirming that they are dropping the case as it doesn't seem logical for them to appoint a solicitor for three hours when they can't claim his costs?

There was another VCS after my case with the same solicitor, which the judge asked about. The solicitor said it wasn't regarding land under statutory control and the defence was nowhere near as comprehensive as mine.

Snakes_Belly

[QUOTE There was another VCS after my case with the same solicitor, which the judge asked about. The solicitor said it wasn't regarding land under statutory control and the defence was nowhere near as comprehensive as mine.[/QUOTE]

At least the £60.00 would have not been allowed. Even if they lost they would have only been in for £125.00 assuming it was just one transgression. Again VCS would be the biggest loser.

RobinofLoxley

Disappointing for you that you have to go through it all again.
I think your offer to drop hands was very generous and VCS were foolish not to take it. Even if they win the amount they get from you (ca. £175) would be far less than 3 hours reps fees. If you win and get your costs the whole saga will have cost them a fair amount.

Snakes_Belly

”Especially when they were told at their Caernarfon appeal that they cannot add on the fake £60 ??

I wondered how that appeal had panned out? Is there a link?

beamerguy

Snakes_Belly wrote: »

I wondered how that appeal had panned out? Is there a link?

Not as yet Sir, not as yet ?