Witness Statement VCS

KeithP

nosferatu1001 wrote: »

Keith - para 11 seems to strongly indicate the drivers identity to me.

Yes, I agree.

Lawpmany1 wrote: »

...I should just put in my witness statement which is relying on POFA

Not a good idea in the light of nosferatu1001's most recent post.

Coupon-mad

You can't rely on the POFA if you have admitted to driving (which is OK to do, BTW!).

Why not search the forum for a surname from one of the cases that the VCS template WS refers to, and read all the dozens of other threads where people have ALREADY done what you are trying to do?

For example your keywords using the usual tedious case law from their usual tedious WS that we've seen a hundred times and have helped people rebut time and again already in 2019 (you just haven't done the right searches yet!), might be:

VCS Kumari
VCS Roch Vine

I didn't see that you answered my question re what VCS put on the windscreen:

Was it actually a red card (not a PCN), or a PCN?

Lawpmany1

It was just a red card with the registration number and date asking driver to make contact. It was not a penalty charge notice.

I couldnt upload the Notice to Keeper and photo of the card attached to car that the driver took.

The date of the alleged contravention is 29/11/2018 and the NTK was issued on the 08/02/2019.

Thank you.

Coupon-mad

OK so they can't hold you liable as keeper, then. The NTK was far too late and the red card is now banned (it's called soft ticketing and the DVLA stopped VCS doing this soon after).

Read the thread by adambuzz14 as he did some sterling work alerting a Judge to why he could not be held liable when the POFA was not complied with, and his transcript is linked in his thread.

Use as evidence, the POFA, Adam's transcript, also EXCEL V SMITH (an appeal case that has clout where this has already been tested - see the Parking Prankster's case law pages for that one) AND Henry Greenslade's words about UNDERSTANDING KEEPER LIABILITY from the POPLA Annual Report 2015.

All of the above are usable, as long as you NEVER said who was driving...did you? Think hard as you must be certain that you never did, in appeals or other comms up until now.

We know what you posted above, but does the CLAIMANT know who was driving? If they do, you threw all of the above stuff in the bin, and will only have the signage and other evidence, and the abuse of process stuff, to argue.

Lawpmany1

Thank you Coupon-mad for the guidance. The only information is what's on my initial defence that I posted above and I think it has been suggested some parts of the defence may indicate I may have been the driver, it is sad that I did not seek guidance when I completed the defence. I have never advised at any point that I was the driver, so I they able to use my defence as their evidence to identify driver.


I am now cracking on the information you have provided there and re-do my witness statement and post again for further guidance before I post again. I am grateful for your help.

Oh just realised my court date is 5th February, I am running out of time for submission. I need to submit this by Wednesday?????

Thank you.

Coupon-mad

No later than 14 days before, usually.

You have another whole week...unless your directions say 21 days?

Lawpmany1

Apologies for being a pain, it is my first time doing something like this.
I have gone through Adam buzz statement and transcript and it appears the majority of the information is relevant to my case, am allowed to adapt the relevant parts to my own statement.

Thank yo.

Lawpmany1

Hi, I have done most of the statement getting pointers from Adam's case, I am the part he analysed VCS statement and it is exactly the same witness statement they send to me, will I be penalised for copying and pasting as they are clearly still providing poor practice.

Coupon-mad

VCS always send the exact same WS. Everyone gets the same thing, tweaked a tiny bit.

No, you will not be penalised for using Adam's case, that's why I pointed you to it.

You can copy and adapt his WS, and certainly append his court transcript as it helps if you are feeling nervous, to point to it to explain why a red card followed by a premature NTK in the post, matches neither para 8 nor para 9 of the POFA. The DVLA has since banned this business model, it's called 'soft ticketing' it was always sharp practice, breached the Consumer Rights Act as regards the basic tenets of 'open dealing' and transparency of terms, and it is now banned.

Lawpmany1

Thank you again Coupmad, will finish drafting it tonight after work and post for critic.

'point to it to explain why a red card followed by a premature NTK in the post', the red card in mine was on the 29/11/2018 and the NTK was on 08/01/2019, so mine would not have been compliant with POFA as the NTK needs to be issued within 14days. So I'm not sure if this was issued pre-maturely or out of timescales set out in the POFA.

Thank you.