Defence to VCS - please help and advice/proof read

KeithP

jonesthebones wrote: »

Just thought it was worth mentioning that I never received any debt collector letters, yet my 'Debt' went up from £100 to £160. Was wondering what thoughts people had on this and if it strengthen my defense at all.

That's covered by para 9 in your Defence, isn't it?

They don't have to send debt collector's letters.

jonesthebones

Ah yes so it does, thank you Keith P.
I've just received VCS's response to my SAR and I have reason to believe they know that I'm the driver due to a newspaper article that names me which they noted in the response. Do you guys think this will hurt my defense at all? Or do I need to alter my defense to account for this.
Thanks in advance

Coupon-mad

Nope. I wrote the defence to suit either a keeper or driver appearing at a hearing.

Nowhere does it deny you were driving and nor does it attempt to confuse matters on that issue, and you can expand as driver, in your later WS.

And IMHO it's fine in #9 to talk about the POFA setting the ceiling at the sum in the NTK, even in cases where the driver is known and the POFA doesn't apply - purely because that Act assists the court by setting out the will of Parliament about the cost of parking on private land and is a useful benchmark.

And it's supported by the Beavis case where only the parking charge was recoverable.

jonesthebones

Coupon-mad wrote: »

Nope. I wrote the defence to suit either a keeper or driver appearing at a hearing.

Nowhere does it deny you were driving and nor does it attempt to confuse matters on that issue, and you can expand as driver, in your later WS.

And IMHO it's fine in #9 to talk about the POFA setting the ceiling at the sum in the NTK, even in cases where the driver is known and the POFA doesn't apply - purely because that Act assists the court by setting out the will of Parliament about the cost of parking on private land and is a useful benchmark.

And it's supported by the Beavis case where only the parking charge was recoverable.

okay thank you Coupon Mad.... I wanted to mention the newspaper articles we mentioned on AllCingeyes thread, within my defence so that I can definitely bring them up in court. I'm just struggling to find a good place to incorporate them and make it look professional like the rest of the defence you wrote for me.? any ideas, thanks in advance!!

Coupon-mad

Leave them till the Witness Statement stage and they will be part of your evidence.

jonesthebones

UPDATE:
Hi all,
I'm posting my completed DQ tomorrow.
I sent my defence by email, got an automated acceptance email. I am also sending a paper copy to court along with the DQ.
Also gifting VCS a copy to look at, maybe they will back off after seeing the defence.
Thanks all who have helped me so far, specifically Coupon for the well structured defence. If there's anything I need to know or do let me know!

KeithP

Send your completed DQ to the CCBC in the same manner and to the same email address that you sent your Defence.

The Claimant will have been sent a copy of your Defence by the CCBC.

Send a copy of your completed DQ to the Claimant - address on your Claim Form.

jonesthebones

Hi all,
A little update.
I received my court date in the post (late October) and I need to get started on my WS. I've got two that I've read through as a bit of an idea but if I'm honest, I don't know much about these things and I was wondering if anyone had some tips or a WS closer to my situation that I can alter to suit me my case.
Sorry if I sound like a moaning teenager, I don't want anyone to do the work for me, I just need a push in the right direction.
I appreciate any help that people bring forward.
As an estimate, I probably need to have it written up and ready to send off in about 3 weeks ( I'm keeping the exact dates off of here for anonymity, kind of)

Again thanks in advance,
JonesTheBones

nosferatu1001

A WS is easy as it is the events of the day and afterward, with evidence to back up what you are saying

WRite down, in chrono. order, the events and insert evidence - so if you assert there were no signs, then photos showing the lack of signs would go in at that point.

Le_Kirk

Go to the NEWBIE sticky post # 2 (you must have been directed there before) and scroll down until you see this: -

Once allocated to your local court, PLEASE DO NOT NOTE THE HEARING DATE AND FAIL TO ACTUALLY READ THE LETTER!

keep reading and scrolling and you will see some WS examples.