VCS - False Claim

nosferatu1001

You point that out in your WS - state that despite the claimants assertions otherwise, signed under penalty of perjury, the claimants own exhibits (give their numbers) show otherwise. You ask the court to draw the obvious conclusion - that the "witness statement" is not reliable.

Octavian771

They even spelt the name of the street incorrectly.

Coupon-mad

Search the forum for VCS Roch and learn from how other people have torn apart that template WS already, and do the same in your WS.

It will end up longer than your draft.

What evidence are you filing & serving with your WS?

Octavian771

Unfortunately I had to get it in before leaving the UK for work, and have only just logged into here and seen your message. My WS included an updated version of the draft, but attached to that, a short 8 page stripping down /tearing apart of the Claimants WS, based on my own understanding and research.


Having come back on here now, I have just tried to find the VCS Roch link but had no luck. My (extended)WS included reference to case precedence, photos and other extracts from publications/information in the public realm.

Octavian771

I think I've found it. Some points I had covered some I hadn't. A few good links throughout that thread though - so more reading and burning the midnight oil it is!

Octavian771

Update - Looking for some advice....


In the interim to sending in m y WS I have tried to make contact with the managing agent urging them to request that VCS drop the claim. I only found out their details from the Claimants WS provided recently, which included their names on the "Agreement to Manage" contract that VCS presented as evidence.


The response today confirmed that they "ceased managing all properties at that location in ....2017 and all contracts and liabilities transferred to the new agent" and that I should contact the new agent directly.


Now my questions are:
a) Should I contact this other agent who has not been named by VCS, and say the same to them
b) Should I correspond with VCS advising that the contract evidence supplied in their WS is further invalidated - might not be if transferred but they provided no evidence
c) do I copy the court in such correspondence
d) do I hold out until the hearing and present the email as later evidence?

Redx

a) ONLY if the new agent was the correct one for the date of the incident pcn

NO if they are not the agent at the time, its crucial to contact the agent who actually had the contract at the time of the pcn

b) save it for the WS + EXHIBITS stage

c) your court paperwork tells you what to submit and the deadline date so only correspond with the court but copy in the claimant too, as per the directions on your court papers

d) no , you cannot ambush the court and claimant and judge on the day of the hearing

The_Deep

The response today confirmed that they "ceased managing all properties at that location in ....2017

Who are "they"? Are they the MA or the PPC. If the former contact the new MA.

Octavian771

The_Deep wrote: »

The response today confirmed that they "ceased managing all properties at that location in ....2017

Who are "they"? Are they the MA or the PPC. If the former contact the new MA.

They being the Managing Agent VCS said their contract was with. That Agent has said they handed it over to another agent in 2017, I assume the new agent may or may not have been responsible at the time of the pcn.

Redx

Octavian771 wrote: »

They being the Managing Agent VCS said their contract was with. That Agent has said they handed it over to another agent in 2017, I assume the new agent may or may not have been responsible at the time of the pcn.

if the new MA had a contract with VCS at the time of the incident, then yes its relevant , so send them a letter or email


for this court case, there has to be a clear path from PPC through the MA at the time to the landowner themselves, meaning 2 contracts in force on that day of this incident