VCS County Court Cases

CathyCats

I got the impression that we should not say anything that might disclose who we were etc especially if there’s an upcoming trial. I would gladly give it if this is advisable? Thanks

Le_Kirk

The claimant will receive a copy of your defence anyway. Just make sure your defence (or anything else you post) makes no mention of who was driving if you are going to defend as keeper.

CathyCats

Please correct me if I’m wrong. Thanks in advance for your input.

CathyCats

Too late Le Kirk as I already told them that I was driving ☹️ In my defence I’ve been nothing but honest throughout so hopefully everything that I say, will be believed, as it is true. I’m not smart enough to be dishonest.

CathyCats

Everything is irrelevant as I didn’t receive the original PCN within the stipulated 14 day notice period and my documents provided by VCS actually prove this (issued on day 13 but probably posted the next day). Received 3 days late. That’s my strongest complaint but not my only one ��

Quentin

You can safely post your defence as long as you remove your personal details

Coupon-mad

CathyCats wrote: »

Everything is irrelevant as I didn’t receive the original PCN within the stipulated 14 day notice period and my documents provided by VCS actually prove this (issued on day 13 but probably posted the next day). Received 3 days late. That’s my strongest complaint but not my only one

Sorry but that is irrelevant to an admitted driver, which is why you shouldn't have said who parked the car.

The POFA 14 days rule only protects a keeper. Drop that argument at WS stage. You will have to go with dissing the contract/signs, and if it was a residential site, maybe primacy of contract from your lease if you are the resident.

Which car park? Please tell us more. We know stuff about some of them (e.g. Albert Street B'ham has a decent defence point about the signs).

CathyCats

I have just spent over an hour and a half typing my defence but it was too long and it won’t let me post it! �� Should I post it in small parts or is there another way?

Le_Kirk

You can post it in parts but how long is it? A standard defence (including the Abuse of Process) will be about 18 points long.

CathyCats

17 points.
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed or to any at all.

2. The Claimant has failed to follow the Code of Practice (COP) of their Trade Body, as regards where land is subject to Byelaws in which the access road is one.