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Won in court: East Midlands Airport / Vehicle Control Services (yet again!)

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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Within days of that letter from the the court landing on the mat, a letter from VCS stating they believe they believe they have a strong case and an early settlement offer of £120 appeared!

    This usually means that they believe that they do not have a strong case.  Expect them to throw in the towel shortly when you can consider your revenge.

    https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim
    You never know how far you can go until you go too far.
  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    This is exactly what I thought .... Unfortunately, my sister didn't like the response I penned and made me tone it down ....

    The next thing it looks like we have to do is email the court by the middle of July to say we want a hearing and not for the judge to decide on written submissions. Oh and VCS have yet to pay the fee (due by mid-August) quelle suprise .....
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    g0wfv said:
    This is exactly what I thought .... Unfortunately, my sister didn't like the response I penned and made me tone it down ....

    The next thing it looks like we have to do is email the court by the middle of July to say we want a hearing and not for the judge to decide on written submissions. Oh and VCS have yet to pay the fee (due by mid-August) quelle suprise .....
    Why would you not want the court to see your attempt to resolve the case?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    There will be a letter winging it's way back, just not so "cocky"!
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why "WP"?   You are not offering them anything.  
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 May 2020 at 10:30AM
    Never use the term, without prejudice, unless you really understand what it means, and then still don't use it.

    As for the jobsworth telling you not to take pictures, it's a not an offence in a public place. Pubs are privately owned but are by definition a public place. 
    In any case, if an individual is prohibited from taking photos, why the hell are VCS allowed to do it?
    I married my cousin. I had to...
    I don't have a sister. :D
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  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    Comments about the use of "Without Predudice" noted.  Is it worth replying at all, if only to decline the offer?  They opened the discussion on a "without predudice basis" as follows ....
    .... which by my reckoning they can't disclose the contents of the letter to the court as they claim!  Anyone with more experience able to confirm this?
  • Coupon-mad
    Coupon-mad Posts: 152,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They can disclose it only when it comes to the matter of costs, at the end of a hearing.  They are correct.

    I wouldn't reply to it; that's a standard letter everyone is getting in every VCS case.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    Quick question having received the Claimant's Witness Statement ......

    They're (amongst other things) citing POFA12 and that the Defendant was the RK.  The Defendant is not the RK and has admitted to being the driver at the material time.

    Our WS (currently being drafted and a rebuttal of their evidence added) due in about a week .....

    Any advice?
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