VCS Claim Form for Stopping in a Restricted Bus Stop at Southend Airport.

Coupon-mad

TNA.Music said:

Hi folks,

Apologies for not updating my thread for this long but had a lot of other life events to attend and sort out during the pandemic that got in the way. Anyway, this is the current state of play:

- My hearing has been postponed by the court several times so far and it should be up again for 6 October 2022 by phone
- I have already sent my documentation/defence by email some two years ago
- Currently getting up to speed with refreshing my memory about the details of the case

A couple of questions for the forum:

1) Is there a legal ground for throwing this case out because it has grown this old and if so how to go about that?
2) Should I review my defence and update it if needed with the latest advice here?
3) Where can I find the latest advice if it easy for somebody to point me to it please?
4) Should I again email my documents/defence to the court regardless if it is updated or not?
5) Do I have any legal obligation to sending anything to VCS and if so what exactly?

As ever, grateful for your help.

We are really concerned that you haven't revisited the advice in the NEWBIES thread and have not filed & served a witness statement & evidence as the NEWBIES thread tells every Defendant is a vital part of the process before the hearing.

YOU HAVE TIME - BUT ONLY JUST.

Examples of WS bundles from 2022 that take account of the proposed Govt Code of Practice are in the threads by:

@aphex007

@Daiapolon2021

TNA.Music

Coupon-mad said:

We are really concerned that you haven't revisited the advice in the NEWBIES thread and have not filed & served a witness statement & evidence as the NEWBIES thread tells every Defendant is a vital part of the process before the hearing.

YOU HAVE TIME - BUT ONLY JUST.

Examples of WS bundles from 2022 that take account of the proposed Govt Code of Practice are in the threads by:

@aphex007

@Daiapolon2021

Thanks @Coupon-mad I filed my WS some 18 months ago following advice for NEWBIES back then. I was just wondering if I need to update it with anything new. According to @Umkomaas that is not necessary and would cost money to do that. I will prep for the hearing and review my WS package to refresh my memory. Is there anything else I need to do?

Coupon-mad

Glad to hear it.  Sounded like you only filed a defence.

Yes, you will need a supplementary WS to bring the bundle up to date, plus of course your up to date Costs Assessment.

paulstevens64

Hi TNA,

I just want to check that you have understood that you need to prepare a Witness Statement, with attached evidence. This is in addition to your Defence that you did 2 years ago. Please look at the two links posted by Coupon Mad for examples of Witness Statements, and prepare a Witeness Statement for your case. Your Defence - from 2 years ago, is not enough, you need a Witness Statement.

Jenni_D

paulstevens64 said:

Hi TNA,

I just want to check that you have understood that you need to prepare a Witness Statement, with attached evidence. This is in addition to your Defence that you did 2 years ago. Please look at the two links posted by Coupon Mad for examples of Witness Statements, and prepare a Witeness Statement for your case. Your Defence - from 2 years ago, is not enough, you need a Witness Statement.

OP confirms that they did file their WS - 18 months ago. (The defence was filed prior to that).

They key question @TNA.Music is - when you filed the WS did you also serve it on (send a copy to) the claimant?

As @Coupon-mad says - time now (probably) to file and serve a Supplementary WS to catch up with some updated and relevant info.

Umkomaas

TNA.Music said:

Coupon-mad said:

We are really concerned that you haven't revisited the advice in the NEWBIES thread and have not filed & served a witness statement & evidence as the NEWBIES thread tells every Defendant is a vital part of the process before the hearing.

YOU HAVE TIME - BUT ONLY JUST.

Examples of WS bundles from 2022 that take account of the proposed Govt Code of Practice are in the threads by:

@aphex007

@Daiapolon2021

Thanks @Coupon-mad I filed my WS some 18 months ago following advice for NEWBIES back then. I was just wondering if I need to update it with anything new. According to @Umkomaas that is not necessary and would cost money to do that. I will prep for the hearing and review my WS package to refresh my memory. Is there anything else I need to do?

I was referring to the cost of changing/adding to your Defence which was the question you asked.  You can submit a supplementary Witness Statement without cost, but I don't think that should be a total re-write, more an adding of any previously missed information and/or the rectification of any incorrect information put forward by the Claimant in their WS, should you be fortunate enough to receive it before submitting yours. Be aware that the deadline for submission is the same for them as for you ..... and is immutable. 

Jenni_D

One would assume that the claimant has already filed and served their WS, against the original date 18 months ago? If not then the OP should use their SWS to request the judge to strike out the claimant's WS as they missed their court-mandated filing/serving date.  

TNA.Music

@Coupon-mad, @paulstevens64, @Jenni_D

Thanks for your help and comments. For completeness this is the exact timeline of all my court filings:

16/03/2020 - Defence
20/09/2020 - Witness Statement and Exhibits
20/09/2020 - Supplementary Witness Statement
20/09/2020 - Defendant's Schedule of Costs

Everything has been sent to the Court and VCS.

Do I need to add or update anything?

Jenni_D

Why is there an SWS on the same date as the WS? (This doesn't make sense)

Did you receive the Claimant's WS back then?

TNA.Music

@Jenni_D,

I sent the bundle on 20/09/2020 as per advise/instructions for NEWBIES back than and that was the only filing for bot WS and SWS. I haven't received WS back.