VCS Claim

sogu

Double recovery and price increase

34. The sum exceeds the maximum amount which can be recovered from a registered keeper, as prescribed in Schedule 4, Section 4(5) of the Protection of Freedoms Act 2012 (‘the POFA’).  It is worth noting that in the Beavis case where the driver was known, the Supreme Court considered and referred more than once to the POFA.

 

 

35. Claims pleaded on this basis by multiple parking firms have routinely been struck out ab initio in various County Court areas in England and Wales since 2019.  Recent examples are appended; a February 2020 Order from District Judge Fay Wright, sitting at Skipton County Court (Appendix A)  and a similar Order from Deputy District Judge Josephs, sitting at Warwick County Court (Appendix .

36. The Judge found that the claims - both trying to claim £160, with some ten or more similar cases stayed - represented an abuse of process that ‘tainted’ each claim.  It was held to be not in the public interest for a court to let such claims proceed and merely disallow £60 in a case-by-case basis, thus restricting and reserving the proper application of the relevant consumer rights legislation only for those relatively few consumers who reach hearing stage.  That Judgment is appended (Appendix C).

 37. Vehicle Control Serviced Limited have added an extra £60 onto this County Court claim, that wasn’t part of the original invoice amount.

 38. VCS are claiming it as cost for debt recovery. This is classed as Double recovery which is strictly forbidden under POFA regulations. On top of that, POFA Regulations (POFA SCHEDULE 4, paragraph 4) limits the amount that can be recovered to the sum stated at the NTK stage, and no more.

 

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Fruitcake

You need to explain what your initials and acronyms mean the first time you use them.
For example, the Protection of Freedoms Act 2012 (the PoFA) the first time you mention it, then the PoFA thereafter.

Coupon-mad

You won't be doing any printing off because it's likely to be a telephone hearing; more likely the court will now want submissions by email which saves you printing costs.   But yes, Adam's transcript would be one of your numbered exhibits with your WS, attached to an email you send to the local court and VCS (or solicitor if they are using one this time, which I can't recall).

Also, get rid of this intro, not needed and repetitive:

Introduction
I am the Defendant in this matter. I am unrepresented, with no experience of Court procedures. If the contents of this Witness Statement or the evidence and exhibits that accompany it are set out in a manner to which the Court is not accustomed, I trust that the Court will excuse my inexperience.

And remove the stuff about abuse of process into a separate Supplementary WS (or not needed at all as a WS if your defence was the template one that already says all of this stuff?).  You'd need the attachments that illustrate the point of course, but if your defence was a long version then don't repeat it now.

Read the 'telephone hearings' thread now, as this depends if a telephone hearing is right for you now.

Then ring your court and ask what the current requirements are, bearing in mind you don;t want to print off 40 pages if the court would now prefer this electronically in readiness for a remote hearing.

sogu

Thank you for the responses above. Coupon - my defence was lacking in substance so I'll make a supplementary WS.

I've just received a letter from the court re-listing the hearing for October due to Covid. They have also asked if an oral hearing is actually required, which of course it is, so I'll respond to them via email. Is there anything in particular I should put in there?

Also, I've received WS from VCS which I'll read through.

Coupon-mad

I've just received a letter from the court re-listing the hearing for October due to Covid. They have also asked if an oral hearing is actually required, which of course it is, so I'll respond to them via email. Is there anything in particular I should put in there?

Yes, the words in the thread I told you to read! 
That's what it is all about, not just how to cope but also ideas for good reasons NOT to have a telephone hearing.

sogu

Sorry, I misread that bit. 
I'll contact the court to establish if I can send everything via email.

Coupon-mad

And to give your reasons as to why a telephone hearing, or a hearing on the papers, is NOT suitable!

sogu

I've had a read through of that thread.  It's very comprehensive. 
Coupon - you have clearly put a lot of time into this, so credit where credit is due. 
I'm just thinking that because it happened outside a hospital, I'll likely be implicating myself by admitting to be an NHS worker. However, this is the only reason I have to avoid a telephone hearing. Any thoughts?

Coupon-mad

You are not implicating yourself. 

Someone who is an NHS worker may or may not have been a driver.  Could have been a passenger.

sogu

You are right, thank you. 
I've sent off the email, I will update when I have a response.