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HELP - Court letter Received from VCS - Advice needed

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Comments

  • Nsmila07
    Nsmila07 Posts: 80 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Thanks for coming back to me.

    I sent a SAR Request back in June and received a screen shot of my data held. This didn’t include letters or photographic evidence. It came in a ZIP folder.

    So what do I need to say in my new email?

    Can I send my witness statement anytime? My hearing isn’t until next year. Can I also send a skeleton statement?

    Thanks again
  • Nsmila07
    Nsmila07 Posts: 80 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Hello All,

    Thank you for all your advice with this so far.

    To give you an update - court hearing is in April - havent heard anything else since receiving the Notice of Allocation to the small claims track (Hearing)

    I shall now start preparing my WS and Skeleton statement - i know these have to be received no less than 14 days before the hearing but am i ok to send these when ever or would you advice to leave it until beginning of March?

    Thanks again
  • Le_Kirk
    Le_Kirk Posts: 25,031 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    On your notice from the court giving the date, did it state a date by which they required the WS etc.? Sometimes it states 14* days before the hearing.


    *Insert number here
  • Nsmila07
    Nsmila07 Posts: 80 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Hello, thanks for coming back to me. It doesnt confirm a date - just that all documents that are going to be used need to be submitted 14 days before the hearing which I was aware of.

    My question is, is there a best time to do this? Is earlier the better?

    Ive started pulling everything together :)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    lets say 16 days before that hearing date, just to be sure the post arrives in time at 2 days later, plus hand deliver to your local court

    the claimant will try to deliver as late as possible , or possibly late
  • Umkomaas
    Umkomaas Posts: 43,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you submit too early you never know whether it might get lost slopping around the system somewhere for months on end.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Nsmila07
    Nsmila07 Posts: 80 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Ok, thanks all - i shall be in touch once I have everything ready for some critiquing :)

    Thanks again
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As well as the points above...

    If you leave it as late as possible you may have the opportunity to challenge points in the Claimant's WS in yours.

    Conversely, by filing your WS early you give the Claimant the opportunity to tear apart your WS in theirs.

    As in all good games... don't show your hand too early.
  • Coupon-mad
    Coupon-mad Posts: 155,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    in the meantime, you may have missed a trick due to your absence, hope I am wrong.

    You've not been here since August, so unless you've been keeping up with the forum (I hope you have) you maybe missed what happened at Southampton court, that you can use in your own case (read the thread by CEC16) and you may have also missed that we always now tell people to file & serve their costs schedule in advance, too.

    Also read wins, by keyword search: ANOTHER VCS ONE BITES THE DUST
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nsmila07
    Nsmila07 Posts: 80 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Hello All,
    I have been reading some other threads, particularly on Newbies and I've noticed less is more to be successful -  Does the below witness statement look ok?

     (Claimant)

    v

    ******** (defendant)

     

    Claim no:

     

    Witness statement of Mr *******, defendant

    I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

    In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

     

    1. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

    2. The Defendant denies being the driver at the time of the supposed event, and therefore puts VCS to strict proof that any contract can exist between the Claimant and themselves.

    3. At the time of the incident, the insurance covered more than one family member, who I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case.

    4. There was no requirement upon me as keeper to respond to what appeared to be junk mail, and in any event was not a matter where a registered keeper could be in any way legally liable. No adverse inference can be drawn from my lawful decision to ignore the colourful letter, impersonating a parking ticket yet with no basis in law.

    I believe that the facts stated in this Witness Statement are true.

    Signed xxxxxxxxxxxxxxxx

    Dated xxxxxxxxxxx

    Any thoughts would be very much appreciated.

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