VCS claim form - Flora St Sheffield - please help!

Idevans

Thanks for the advice!

Number plate redacted, apologies.

Will submit the defence now and be sure to do some reading over the weekend.

Idevans

Hi all, hope everyone is keeping safe.
I've now got my hearing date for this claim - 23 June.
Another user who was ticketed for the same reason and won in court has kindly provided me with the materials they used to fight this claim.
However, I have just received a letter from the claimant offering to accept a reduced settlement of £125 on the basis that they "are confident that we have a strong claim". I assume this is standard practice?
Although I'm relatively confident with the evidence I've been given and with precedence on my side that I could also win, I'm also conscious that getting to this point would require a significant time investment into preparation, a day's annual leave and the stress that comes with it all. I'm now debating if taking this to court is a false economy.
Would really appreciate your thoughts/expertise on this!
Thanks in advance

Redx

Standard letter , template letter , don't be fooled

Your court may not be using face to face hearings , so check

Read the telephone hearings thread by coupon mad , not forgetting that if necessary you could opt to have it heard on papers , so no day off work

KeithP

However, I have just received a letter from the claimant offering to accept a reduced settlement of £125 on the basis that they "are confident that we have a strong claim".

If they were that confident, why would they offer you a reduced settlement?

I would suggest that they are far from confident and are just hoping to get something from you.

Idevans

Thanks for the quick response Red.
The letter from the Sheffield courts suggests it is a face to face hearing. It does say I don't have to attend but that it could harm my defence if I don't, although no suggestion of alternatives (telephone etc).
I've read the thread's section on pulling together my evidence/witness statement which is very helpful.
What I don't understand is quite how decisive case law is, so please forgive my ignorance with this question.
If, as in this case, there is a precedent which favoured the defendant (and this defendant has provided me with their evidence used in that case). Is my defence not as simple as referring to this and it being struck out on that basis?

Idevans

Thanks Keith, I thought the same thing and actually laughed a bit when I read the letter!
My consideration of the settlement was never influenced by their hubris, more by the practicalities of having to see the process through to its conclusion.
That said, I do feel I should do my bit for the cause!

KeithP

Idevans said:

What I don't understand is quite how decisive case law is, so please forgive my ignorance with this question.
If, as in this case, there is a precedent which favoured the defendant (and this defendant has provided me with their evidence used in that case). Is my defence not as simple as referring to this and it being struck out on that basis?

Sort of.

However, County Court cases do not set a precedent. At best they may be 'considered'.

Higher court judgments do carry more weight though.

Which court decisions are you thinking about?

Umkomaas

What I don't understand is quite how decisive case law is, so please forgive my ignorance with this question.
If, as in this case, there is a precedent which favoured the defendant (and this defendant has provided me with their evidence used in that case). Is my defence not as simple as referring to this and it being struck out on that basis?

A case in the small claims court will not set any precedent, in fact the same case dealt with by a different Judge might have the opposite result, it's just the way it is. 'Precedents' aren't set until cases work their way a good deal further up the court food chain. 

Did your contact purchase a court transcript of their case?  If so, it would do no harm to include that in your documents, but generally speaking, most don't purchase them as they are expensive and possibly cost more than the sum the PPC was trying to claim.

Idevans

Thanks both, understood. Sounds a bit inefficient but I'm not surprised!
The case I'm referring to is the thread below:
Flora Street Carpark Restricted area next to Iceland. I WON!!!

The author kindly provided the document they took with them and explained the Judge's reasoning for their verdict but I'd assume no transcript. It's the same court so fingers crossed I get the same Judge!

nosferatu1001

No precedent

its not inefficient, it's that precedent is binding so is only set at higher courts by more senior judges.