VCS Court Case - Defence to file

nosferatu1001

54 pages of VCS WS shouldnt scare anyone, except a forest....

Theyre terrible. AWFULLY edited templates, chock full of errors, lies, and contradictory statements. They really, REALLy should be put to sanction for them.

Castle

CharlieBananahead wrote: »

I wasn't the driver as the vehicle belonged to my company at the time (now dissolved), which hired out licensed Hackney Carriages on short term hire to driver's whose vehicles were off road or who were between vehicles. I ignored all the usual BS letters from them to start with and sold off all of my vehicles later in 2016.

So you were neither the driver nor the keeper at the time.

CharlieBananahead

I was the registered keeper as the name of the business was my name with "ltd" at the end, at my home address. I had just registered to my name and not added the ltd

nosferatu1001

Yes, but yo uwere not the keeper. The KEEPER is liable and is assumed to be the RK unless proven otherwise. You can prove otherwise.

CharlieBananahead

Ah superb, so should my defence basically consist of not being either the owner or the driver, therefore no liability to argue? I can supply the invoice from when I purchased it and the invoice of when I sold it, proving the duration of ownership by the company? Then request that the judge dismiss the case on this basis?

Castle

CharlieBananahead wrote: »

Ah superb, so should my defence basically consist of not being either the owner or the driver, therefore no liability to argue? I can supply the invoice from when I purchased it and the invoice of when I sold it, proving the duration of ownership by the company? Then request that the judge dismiss the case on this basis?

Did you purchase it personally or did the company buy it?

CharlieBananahead

My company bought it from my other business that provides my main income.

I'm a car dealer and bought 4 identical vehicles to retail (this was one of them). They hadn't sold but a taxi driver had told me they make good taxi's, hence I spoke to the council, got them registered and set up a new sideline business renting them to driver's who's vehicles were off road.

So I have a purchase invoice from when my main business bought it, a sale invoice to the business in question and a further sale invoice when I disposed of the vehicle.

CharlieBananahead

Assuming I can't be held liable as neither the legal owner or the driver, can anybody please advise if this defence should suffice? Thanks in advance

Number: xxxxx

BETWEEN:
Vehicle Control Services Limited (Claimant)
2 Europa Court
Sheffield Business Park
Sheffield
S9 1XE

vs

xxxxxx (Defendant)


Defence

This claim is denied in it's entirety by the Defendant. The Defendant asserts that they have no liability to the Claimant for the sum claimed, or any amount at all.

The Claimant is pursuing the Defendant for a breach of contract, however not at any point in material time was any contract agreed.

The Defendant was the registered keeper of the vehicle xxxxxxx on the date of the alleged contravention, but was not the legal owner of the vehicle or the driver.

The vehicle was purchased by xxxxxxx on xxxxx from xxxxxxxxx and remained in company ownership until sold on xxxxxx. The Defendant never had personal ownership of the vehicle, he was the Director of the company that owned it. Invoices are attached to prove ownership.

This vehicle was used as a short term relief hire vehicle to licensed hackney carriage driver's within North East Lincolnshire. The Defendant has never worked as a hackney carriage driver nor carried insurance to legally drive a hackney carriage.

The Defendant contends that as neither the legal owner or driver of the vehicle, he cannot be held liable for any charges.

The Defendant invites the court to strike out the claim due to there being no case for the Defendant to answer.

I believe the facts contained in this Defence Statement are true.



signed

dated