VCS - County Court Claim

lloydie.t

Well that was quick. Received letter from court same day as email,


"Please be advised that your case has been referred to a district judge for directions on how to proceed as it has been discovered that your defence was submitted in time.
Please accept our sincere apologies......"


or something similar

lloydie.t

This Morning, a General Form of Judgement or Order has been received.

IT IS ORDER THAT
The Judgement entered against the Defendant in default of the filing of a defence be set aside.
The Defence file shall stand as the Defendants defence.
Parties to file Directions Questionnaires - see attached.

lloydie.t

The claimant has been asked to for particulars. Could someone outline the following requests from the court and what it may mean for my defence.



1. Is the land 'relevant'

2. A breakdown of the sum claimed and legal basis re Consumer Rights
3. Whether claim is contract or damages for trespass
4. several other PFA 2012 questions

Redx

well


1) is asking if POFA applies or not because if the land is not relevant land for POFA then POFA would not apply


the defence can use POFA if the defendant and driver are not the same person, a driver has no protection under POFA


2) the CRA 2015 covers consumer rights, see the thread by CEC16 where coupon mad won on it recently, the details are in the abuse of process thread by beamerguy , so keep up at the back, dont disappear for months on end, things change regularly


3) only a landowner can sue for trespass, for a nominal sum , whereas a parking contract is just that , a contract between a parking company and the driver, so not trespass


5) clearly the court or judge wishes to know more answers to POFA questions , especially because VCS never used to follow POFA even though its been in force for 7 years


seems to me the judge has it sussed and is putting searching questions to the claimant

lloydie.t

One more thing I have noticed that the NTK was issued exactly 56 days after issue of the ticket. This does not included time for delivery.

What are my options?

Redx

if they did not follow wording and timescales according to POFA, then a keeper can use POFA to their own benefit as no keeper liability

but an admitted driver has no protection and the 56 days isnt relevant to any driver, the 7 month rule by the DVLA is what matters to a driver , because the pcn has to be issued within 7 months, which it was

so the 56 day rule means the NTK arrived late under POFA, if POFA applies on relevant land, so as I said , VCS pcn,s tend to be non POFA compliant , especially no POFA warnings etc

lloydie.t

Driver has not been admitted.
Would you consider a road that provides access to council properties 'relevant land'
https://goo.gl/maps/W5Jjgs9tCK66EFLr9

KeithP

lloydie.t wrote: »

Would you consider a road that provides access to council properties 'relevant land'
https://goo.gl/maps/W5Jjgs9tCK66EFLr9

From that image, I would consider that to be 'relevant land' as defined in POFA.

But that's just my opinion. You need a definitive answer. Speak to the Highways Authority.

Coupon-mad

lloydie.t wrote: »

The claimant has been asked to for particulars. Could someone outline the following requests from the court and what it may mean for my defence.



1. Is the land 'relevant'
2. A breakdown of the sum claimed and legal basis re Consumer Rights
3. Whether claim is contract or damages for trespass
4. several other PFA 2012 questions

What, a Judge asked about the Consumer Rights Act?! Hooray!

Is this the IOW, Hants, Dorset and Wiltshire? If not, where?

lloydie.t

Letter fron Council.
Uncoloured areas (of which this is) are not publicly maintained and we hold no records of private ownership.


They have not confirmed either way if relevant land.
I am to assume it is relevant land?