VCS Court claim without LBC

mjg79

To try to keep things brief -VCS sent me a claim form because the driver allegedly paused on the road near Doncaster Airport in 2015 (seems they are dredging up a lot fo 2015 cases - seems clever tactics as I have been planning a family holiday and this really is throwing a spanner into the works).

Anyway I've read the newbies and done the AOS. But I have a question - I never received a "letter before claim" - the last I heard was from bwlegal over 3 years ago. Should I have received one?

Also is it worth me doing the SAR since I don't have much time? I read they can take a month to divulge information yet I must obviously file my defence well before then, When I read the newbies thread it seemed to say that on receiving a letter before claim one could ask them to pause proceedings while waiting for the information. In particular I want to know how they got my data from DVLA given they are not saying I parked.

I'll do the standard letter tonight for the SAR anyway but I wondered if I can make a fuss about having got all this with no warning letter before - if I had gone on holiday nobody would have been here to open the mail - and if I am likely to get anywhere with an SAR on short notice or if I can ask the court to pause things while I wait even though I already received the claim form.

Any help gratefully received and apologies if I have missed something obvious!

MonkeyRum

Change your sentence to this.

VCS have sent me a claim form because the driver allegedly paused on the road near Doncaster Airport in 2015

VCS have sent me a claim form

What is the issue date printed on the claim form?

Also is it worth me doing the SAR

Yes. Even if you don't get it in time for the defence it will be useful for documents you will submit later on.

Edit: is this the same PCN from your other thread? If so you should post there instead.

mjg79

Thanks for the suggested edit, have done so.

The date printed was the 25th June, I have been travelling for work and thankfully have managed to get the AOS in (online) before the deadline to get the extra 14 days.

I will do the SAR. I am also writing to Doncaster Airport - I realise it will likely be a waste of time but I will put some pressure on them to see what happens.

So I guess a 'letter before claim' isn't mandatory for these cases?

MonkeyRum

As far as I know the lbc is mandatory but you've got a claim form in front of you and you can't just ignore it. Someone more knowledgeable than myself will be able to advise what to do about it.

Is this the same PCN as your other thread? If so you should post on there. One event, one thread. Keeps all of the info in one place.

KeithP

mjg79 wrote: »

The date printed was the 25th June, I have been travelling for work and thankfully have managed to get the AOS in (online) before the deadline to get the extra 14 days.

With a Claim Issue Date of 25th June, and having done the Acknowledgement of Service in a timely manner (you actually had until Monday 15th July so plenty of time), you have until 4pm on Monday 29th July 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

mjg79

Ok thanks, will see if anyone else knows about the letter before but as you say I have to deal with things as they stand.

I had written on another thread but that was a thread someone else started and I was asked to let their thread be about their case. Looking through this forum there seem to have been a lot of VCS cases from 2015 being brought up.

mjg79

Thanks Keith, yes I read that the clock doesn't start ticking until so many days after that first date, I have lots of free time this week so going to throw myself into this and produce a detailed defence, I'll post it on here in case others are interested in seeing it or making suggestions.

It's quite daunting, so much of it seems convoluted and often tedious to read but I'll give it a go.

KeithP

mjg79 wrote: »

Looking through this forum there seem to have been a lot of VCS cases from 2015 being brought up.

Absolutely right.

There have been dozens of new VCS cases posted in the last week or so.

It is good to see that you are looking at other threads and hopefully learning from them.

mjg79

Yes, as I said it's hard to avoid concluding it's a strategy, to catch people some years later, memories becoming hazy, just pay it to make it go away so they can go on holiday etc. I have no experience in anything legal so it's an eye opener really, how these cowboys can turn a person's life upside down and use all these mechanisms and institutions (that are supposed to be there to redress loss and seek justice) to apply pressure for their scam. I'm up for the fight, thanks for your encouragement.

Egbert_Nobacon

Go to advanced search using keywords Doncaster Airport defence.
Change the show results button from threads to posts.

Adapt one of these to suit your circumstances.

HTH

mjg79

Thank you, that sounds sensible as I'll find it easier to have some kind of template I can then amend, I'll try the search engine