VCS county court stage - witness statement review please

Lt20

Hi yes I served the DQ  on the claimant too via email.
yes the email from vcs was in relation to the SAR i sent.
1) no. I’ve had nothing to say they are using POFA and their notes on their system indicate the PCN is not POFA compliant
3) it helps as it shows they cannot say I was the driver which I knew they couldn’t as I wasn’t !
4) and 5) I’m going to ask for their explanation on
6) email  is my original
one to them back in 2016 stating ( as per instructions on this site at the time) I’m wasn’t the driver of the vehicle at that time. Unfortunately I no longer have a copy of this.
8) true... I was thinking more along criminal ‘beyond reasonable doubt’

im pretty sure I could show where the vehicle was parked from the vehicle photos as there’s a wall visible at the front of the vehicle. If it was parked in/on *** lane the wall could only be on the side of the vehicle. 

I’m still awaiting a response from the council to confirm if they use VCS  or if the council are the authority for *** lane.

nosferatu1001

Did you have permission to file using email? Must be explicit. If not , then you have not complied with the CPRs. 
1) Do the NtKs mention any ability to recover from the keeper? By definition, if they do then they *must* use POFA, as that is the *only* way to recover from a keeper. 
3) they dont rely on photos to say who they think was driving. They just state an assumption and use an irrelevant court case to hopefully bamboozle a court. (Elliot V Loake)
6) Youve checked your sent mail box?
8) well dont! This is civil. 51:49 is all they need. 
You need to just clal thecoucnil highways who can tell you over the phone if the road is adopted or not. 

Lt20

Sorry I don’t know what you mean about permission to file by email - the dq has been accepted by the court I sent it t via pdf as stated on the court website. It came the day I travelled which was annoying as the return date was whilst I was away and I’d told the court my dates of travel. 
1) there’s one ntk it says :

The terms and conditions to which the Driver agrees to be contractually bound upon entering the car park are clearly placed at the entrance to the

car park and/or in prominent places throughout. Your details were either obtained from the Driver and Vehicle Licensing Agency (DVLA) as the

Registered Keeper/Owner of the vehicle OR you have contacted us as the driver, OR you have been identified as the driver at the time of the contravention but payment remains outstanding. If you believe your data has been obtained or used inappropriately you may contact the

Information Commissioner (www.ico.gov.uk) or the DVLA (www.dvla.gov.uk) and raise your concerns. Photographic evidence and data is held on

file to support this claim in accordance with the Data Protection Act 1998. The data is used for the sole purpose of pursuing settlement of this

Parking Charge Notice.

In accordance with the applicable terms and conditions a payment of £100.00

is required within 28 days of the issue date of this Notice.

However, if you are the Registered Keeper of the vehicle and you were not the driver at the time/date of the contravention, a

reduced sum of £60.00

Vehicle Control Services Ltd.  If you were not the driver, please complete and return the relevant section on the reverse of this Notice giving the driver’s full name and serviceable address in order that we can direct this Parking Charge Notice accordingly AND please pass this Notice on to the driver. If the vehicle

was on hire on the date of the contravention OR had been sold prior to the date of the contravention, please provide relevant details by completing

the relevant section on the reverse of this Notice AND provide relevant supporting evidence. Should the Registered Keeper either provide an

unserviceable name and address of the driver OR the named driver denies they were the driver, we may pursue the Registered Keeper for any

Parking Charge amount that remains outstanding on the assumption that they were the driver.
6) yes

I didn’t have the opportunity to ring the council prior to coming abroad (didn’t think of it before tbh) but will do so on my return. I just thought if I had the answer in email I can use as evidence 

Lt20

Vcs have now written to me offering an out of court settlement of £125 payable within 14 days.

beamerguy

Lt20 said:

Vcs have now written to me offering an out of court settlement of £125 payable within 14 days.

Not surprised, VCS/EXCEL have been getting a lot of court spankings of late, which will greatly increase in 2020. It's because of their very poor representation in court and the fake £60 add-on

Send them a "drop hands offer" ...... They discontinue their claim and you will drop your costs charges. 
Cheaper for them .... losing the case, your costs and their legal costs.  Plus a deserved spanking by the court for adding fake amounts ......
7 DAYS TO RESPOND AND CANCEL. 

D_P_Dance

Send them a "drop hands offer" .

Have you hone soft Beamer?.  Let them take you to court OP, they are on a hiding to nothing.  Have you considered a counter-claim?

beamerguy

D_P_Dance said:

Send them a "drop hands offer" .

Have you hone soft Beamer?.  Let them take you to court OP, they are on a hiding to nothing.  Have you considered a counter-claim?

Sir Dance ... me go soft ?   NEVER but court is stressful for some, me.... I would also go to court just to get them spanked ........ if a person does not want that and given that VCS well know a spanking is probably on the cards .... drop hands gets it finished.  
In the end if Renshaw-smith wants to carry on to court ... his problem

Mind you, this time next week we could well see the courts closed anyway

Coupon-mad

Lt20 said:

Vcs have now written to me offering an out of court settlement of £125 payable within 14 days.

They always do.  Hope you are reading lots of other VCS threads to see what happens in the end?

Lt20

I haven’t responded.I’ll see them in court if they are still operating and considering such ridiculous claims in the current climate!

beamerguy

Lt20 said:

I haven’t responded.I’ll see them in court if they are still operating and considering such ridiculous claims in the current climate!

Well VCS read this forum anyway, they have to, to understand where the next spanking will come from ?