Help, got until 24th November to submit Defence for VCS

Leviathan747

Coupon-mad said:

Why are they hiding behind the POFA, are there no other solid points that are stronger, such as unlit signs?

Just doing various scenarios CM.  Abuse of process, inadequate signage, questioning validity of VCS to sue on Excel's behalf... will be main focus.

Redx

then do not get sidetracked about who was the driver , if the defendant was the driver and is asked that direct question, the answer must be truthful , so either YES , NO , or NO COMMENT , or I CANNOT REMEMBER YOUR HONOUR

a driver defendant is usually the only witness who was there on the day, who has first hand knowledge of what happened

POFA only protects a keeper who was not the driver, POFA IS OUT OF THE WINDOW AS SOON AS THE DRIVER IS ADMITTED , JUDGES DO NOT LIKE EVASIVE ANSWERS so they work on the balance of probablities OTBP, meaning if they are more sure than not the defendant was the driver, that is one point to the claimant and -1 to the defendant

Coupon-mad

Don't use the phrase abuse of process...it's not some magic phrase.   It isn't something to say in court.

Better to call the attempt to collect the costs of admin//letters twice 'double recovery'.

Leviathan747

Aye aye Captains   

Leviathan747

CLAIM STRUCK OUT, WOOT!! 

Fruitcake

Leviathan747 said:

CLAIM STRUCK OUT, WOOT!! 

That's really good news. Well done!

When you have calmed down, please give us as detailed a report of the hearing as possible.

Jenni_D

\o/ Congratulations!

When you've floated down from cloud  9 can you give us a blow-by-blow account please? (Or at least as much as you can remember). Did you ask for and get any costs?

Le_Kirk

Absolutely brilliant news for you - as others have written, we would love a court report.

Leviathan747

That was HILARIOUS.  So, hours and hours of work.  Been prepping since Sunday.  We were both waiting in the living room, paperwork & laptop to hand, his mobile turned on and ready.....then the landline rings in the bedroom!!!!! How did they have that number???  Panic stations as we had to scramble everything into the bedroom!!  Deep breaths....

District Judge Rose confirmed that my partner was present.  Then absolutely went for the jugular at VCS rep.
Judge: "You seem to be having some difficulty.  Where's your notice of assignment?"
VCS: "I thought this might be an issue"
Judge: "How are you going to get round this?  The quality of the paperwork is appalling.  Companies are distinct legal persons.  Sending out misleading documents has criminal consequences. VCS HAS NO STANDING TO BRING A CLAIM. There is no signed agreement between the landowner and Excel to transfer duties to VCS"
VCS: "Well that's a difficult argument"
Judge: "I'd say it was an impossibility! Unless you have that signed agreement, this is dead in the water"
VCS: "Can't show signed document"
Judge: "Striking out claim.  Claimant has no standing"
Judge: "Does the Defendant have anything further to add?"
Me: A bit shell-shocked "No. Apart from this Claimant is a scourge on this community with it's attempts at double recovery"
Judge: "I am well aware of this, but this isn't the arena for this discussion.  Take it up with your MP"

WE WON GUYS!!  The Judge was on the phone for less than 10mins lol!! 

Leviathan747

Jenni_D said:

Did you ask for and get any costs?

It didn't occur to me until the Judge had rung off.  He seemed to be pretty grumpy & in a super rush!  It was literally a garbled 5 minutes of him poking the VCS rep.  He'd clearly already decided what the outcome was, from the start.  My focus was on trying to raise awareness of what this company are doing. Wish I'd asked for it now though!