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Defense needed in 2 days- urgent help

Hi all,

Returned today after working away for 2 months to receive a court letter from VCS Ltd. I only have 3 days to file my defence so need to work quickly. Apparently in December 2016 my wife parked on some old private land for a couple of hours to go to work. I was the registered keeper of the car at the time so they are holding me responsible.

Now we never received a ticket on the vehicle, nor the PCN or reminder they claim to have sent. I then moved house in March 2018 and all further documentation was sent to my old address. I was forwarded the court letter by redirection but never received any other communications so this is the first I know of it all.

I have a witness statement saying I was in another place at work and a letter from my old property confirming the date I moved house. There is no proof of postage on any of the documents in their evidence pack but clearly state my old address for all legal letters.

Whats the deal now regarding me having to give over the drivers details and how do I appeal for the fact I never had any paperwork anyway?

Can anyone advise.....
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Comments

  • If you plan on defending then take a deep breath and read the newbie sticky thread they are most helpful,
    I know it's very long and I am in the same boat, but just got to spend the time to read up on these things and hopefully write a defence if thats what you intend to do as registered keeper of the vehicle..
    What is the issue date on your letter>
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    There is no legal mandatory reason for divulging driver's details , so normally you don't do it

    It's far too late for any appeals

    A SAR to the DPO at VCS will get your data , so email it with a copy of the claim form attached

    There is no S in defence

    Find recently approved VCS defences and adapt one

    What is the issue date from the claim form ?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gingerkitty, what is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
  • Le_Kirk
    Le_Kirk Posts: 26,325 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you have 2 days left to file a defence, when did you submit the AoS? If it really is only 2 days, best read one of the 17 pre-written defence examples HERE and scroll down to here: -
    Here are some cases won or in progress:

    Here is a defence
  • The AoS was sent in before I went to work away at the end of July. However I told them I was working away 2 months so thought I would have more time...
    The case has come from the Mansfield county court scheduled for October. I have to file all paperwork before the 7th September.
    Will do a defence now and post
  • Le_Kirk
    Le_Kirk Posts: 26,325 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    7th September is a Saturday so are you sure you have your dates right?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if you have a court date , then your defence has already been filed

    the court would have asked for your WS + Exhibits for that deadline date , not a defence

    what was the defence you filed ? post it below
  • OMG Im soo confused. I have responded to some paperwork in July stating that I was defending the claim.
    I have until the 6th September to "deliver to the other party and court offices copies of all documents on which the party intends to rely on at the hearing.....
  • Le_Kirk
    Le_Kirk Posts: 26,325 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    That will be, as Redx states, your witness statement and evidence.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as above , whatever you filed was deemed your defence , even if it was rubbish

    you are at the WS + EXHIBITS stage now , not the defence stage

    you cannot file a defence unless you paid a lot of money to alter your original defence , you are definitely NOT at the defence stage in this saga
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