VCS Letter Before Claim Clarification Request

nosferatu1001

I would do 7 days, given this is simply you remidning them of requests you already made, and they are directly involved ie not a solicitor having to get info from their client. 

LordHorrendous

Hello again all.  
I've now received a court date letter.  VCS, unsurprisingly, have not responded to the letter I last discussed sending.  I am now working my way through the advice in the big thread to put together the evidence pack.  Is that something I should run past you guys before sending?

Also, the letter states that our case is 'suitable for mediation' and asks me to confirm by email if I wish to go ahead with it.  I wondered if there's any point?  My position is that the claim should be dropped, and I'm not going to budge from that, but is there any sort of advantage I could gain by engaging with mediation?
Grateful, as always, for your help and advice.

Umkomaas

LordHorrendous said:

Hello again all.  
I've now received a court date letter.  VCS, unsurprisingly, have not responded to the letter I last discussed sending.  I am now working my way through the advice in the big thread to put together the evidence pack.  Is that something I should run past you guys before sending?

Also, the letter states that our case is 'suitable for mediation' and asks me to confirm by email if I wish to go ahead with it.  I wondered if there's any point?  My position is that the claim should be dropped, and I'm not going to budge from that, but is there any sort of advantage I could gain by engaging with mediation?
Grateful, as always, for your help and advice.

Always worth letting forum regulars view your draft WS. 

To save us having to re-type the answers to every question that every newbie has about the same processes, legally qualified forum contributor wrote a very detailed, step by step walkthrough in the 'big thread' (aka the NEWBIES FAQ sticky, second post). It's headed, in red font:

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Coupon-mad

LordHorrendous said:
Hello again all.  
I've now received a court date letter.  VCS, unsurprisingly, have not responded to the letter I last discussed sending.  I am now working my way through the advice in the big thread to put together the evidence pack.  Is that something I should run past you guys before sending?

Yes please, but there is an easily adaptable new example in the NEWBIES thread now.  But also:

 

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK: An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

LordHorrendous

Hi all
My draft witness statement is attached.  I'd be hugely grateful to anyone who can give feedback.  I haven't included the evidence exhibits to avoid a massive file.  I know I've got the court transcripts to add too.  Work has been so intense lately (I have a role working with hospitals and care homes so you can imagine what it's like) that I've had to do this in bits here and there - it's in next week.  I've tried to follow the example witness statement as much as possible.
Quick Questions:

1. I have a witness as well as myself - do they include their witness statement in this document too, or separately?  Do they need to replicate the evidence or is their statement enough?
2. The evidence is numbered (xx - 01) etc.  Should the 'xx' be replaced with something? 
3. Does a witness apply for costs separately or does it all go on the same form?

Thanks so much again to all of you for helping.  

LordHorrendous

Bumping this in case it slipped through yesterday. Hope that's ok!

Le_Kirk

Looks OK to me.

Umkomaas

I have a witness as well as myself - do they include their witness statement in this document too, or separately?  Do they need to replicate the evidence or is their statement enough?

Separately. In what context/capacity is the witness acting (sorry haven't trawled back through the entire thread if you've already explained that). 

The evidence is numbered (xx - 01) etc.  Should the 'xx' be replaced with something? 

xx = the Defendant's initials.  Fred J Bloggs (Defendant) would mark his exhibits FJB 01, and so on. 

Does a witness apply for costs separately or does it all go on the same form?

I don't think the witness is entitled to any costs. 

1505grandad

Just a thought  -  is it ok to say this?:-

Para 2  -  ".................The driver has not been disclosed"

but then under "Sequence of events" paras 8 onwards state the actions of the D and husband.

Should "husband" is substituted by "driver"?

Apparently the Defence stated:-

"Whilst it is admitted that the Defendant was the keeper, they were not the driver of the vehicle at the time.  Further, the mandatory requirements to establish 'keeper liability' have not been met and the Defendant is not liable in law."

Presumably the NTK was not POFA compliant?

LordHorrendous

1505grandad said:

Just a thought  -  is it ok to say this?:-

Para 2  -  ".................The driver has not been disclosed"

but then under "Sequence of events" paras 8 onwards state the actions of the D and husband.

Should "husband" is substituted by "driver"?

Apparently the Defence stated:-

"Whilst it is admitted that the Defendant was the keeper, they were not the driver of the vehicle at the time.  Further, the mandatory requirements to establish 'keeper liability' have not been met and the Defendant is not liable in law."

Presumably the NTK was not POFA compliant?

An excellent point - I wouldn't want anyone thinking they can draw conclusions from that.  I'll change the wording.