VCS Court Case

structures

Hi Guys,

Just a note, I did previously have a thread on here several months ago but lost access to my email, so I've created a new account.

I have already submitted my DQ and defence, followed all the steps. It has been transferred to the small claims court of my choice. Due to unforeseen events, I will not be able to attend the court date which is mid next month.

What would your advice be in my position?

If you need more particulars of the claim itself, I can provide it, it is a fairly normal type situation as appears in this forum. Driver was not parked in a marked bay, the keeper did not receive the NTK and the NTD was not legible (windscreen ticket with actions to go to the website).

Kind Regards,
Structures

Umkomaas

What would your advice be in my position?

Get your chequebook ready for action!

Every case we've seen of late where the Defendant has elected (for whatever reason) not to attend the hearing in person has been lost and hefty add-on charges which the Defendant was unable to discuss with the Judge on the day, have been awarded to the Claimant.

Have you phoned the court to discuss a postponement?

Le_Kirk

Apart from the advice above, have you submitted your Witness Statement (WS) yet? If not and you cannot secure a postponement from the court and you have to have the case heard "on papers" you will need a mighty fine WS to try to counteract the claimant attempting to claim (and be awarded) spurious add-on amounts as suggested by Umkomaas.

structures

Thanks for the replies

No I haven't contacted the court (was trying to resolve things to be able to attend). In the same manner, witness statement is not completed.

So the consensus would be to settle before court? Could try and reduce the amount to avoid us both having to go.

Structures

Umkomaas

So the consensus would be to settle before court? Could try and reduce the amount to avoid us both having to go.

There have only been two of us inputting, and neither of us have said that.

beamerguy

Contact the court and tell them. They cannot deny you justice

Coupon-mad

So the consensus would be to settle before court?

Errrm, not a single person said that, or would have said that!

OBVIOUSLY get a decent WS & shedloads of evidence in, to try to win it, and cover the abuse of process of the added £60.

Include THIS recent NEW 'abuse of process, they can't add sums to the parking charge' VCS judgment from Caernarfon (thanks to softwaremad for this):

https://www.dropbox.com/s/gexc6psfmi8y6d8/VCS%20Claim%20Struck%20Out%20-%20Abuse%20of%20Process.jpg?dl=0&m=

And DJ Grand's Judgment from Newport IOW this year:

https://www.dropbox.com/s/ndl5rf4urx02gtj/UKCPM%20v%20Esplanade%20Ltd%20-%20judgment.jpg_large.jpg?dl=0&m=

You must attack the costs. That will at least be damage limitation if you lose.

As for the rest of your WS; this has all been done before in any VCS WS thread so copy any one of them, saves us time. Their WS is generic and you MUST attack it.

Umkomaas

Include THIS recent NEW 'abuse of process, they can't add sums to the parking charge' VCS judgment from Caernarfon (thanks to softwaremad for this):

https://www.dropbox.com/s/gexc6psfmi8y6d8/VCS%20Claim%20Struck%20Out%20-%20Abuse%20of%20Process.jpg?dl=0&m=

Nice one CM - did this come to you via PM (or another forum) as doing a member search on 'softwaremad doesn't bring up any related posts of theirs on MSE?

Good bit of information for use in other £160 cases. Very clear decision from the Judge.

Coupon-mad

She is here:

https://forums.moneysavingexpert.com/member.php?u=362415

She's one of those who you may have seen on TV in Parking wars, etc.

Umkomaas

Coupon-mad wrote: »

She is here:

https://forums.moneysavingexpert.com/member.php?u=362415

She's one of those who you may have seen on TV in Parking wars, etc.

Yep, I certainly found her via member search, and well recognise her username and who she is, but the last post showing (for me) from her under her username was last February.

Coupon-mad

Oh yes, sorry, I meant she shared that with me/bargepole etc by email. She is not a prolific poster here due to a busy life.