Court Case VCS EMA East Midlands Airport BP Gas Petrol Station CCJ Trying Adjourn defence

KeithP

The first thing to say is that you have left all your personal information visible - full name, full address claim number, vehicle reg no, etc.

You need to redact all personal information before you allow the whole world to see it.

Johnersh

*OMG delete that Google Drive link*

Johnersh

The statement from VCS is rubbish, contradictory, consists of cobbled together statements and I'm not entirely sure their photos show what they think they do. 

More importantly, you need to have a good answer to:
1. Why you did not acknowledge the claim (a tick box form was all that was needed)
2. If its simple error, you need to show you've acted promptly (VCS in trying to suggest you haven't, prove that you have)
3. I'd suggest if this is a telephone hearing and if English is not your first language or you are finding the court rules difficult to interpret (they aren't easy) that you send a copy of your DRAFT defence to the court. 

Fruitcake

In addition to the personal details that need redacting, there are a number of issues with the claim.

The alleged contract only has one signature from each party. According to section 44 of the Companies Act 2006, for a contract to be executed (in other words for it to be valid) it must have two authorised signatures from each party. An authorised signatory is defined by the Act as being either a Director or company Secretary, or a Director AND a witness.
The signatures are not dated so there is no proof the alleged contract was active at the time of the alleged event.

The alleged contract is signed on behalf of the client, Harvest Energy Ltd, by someone called Ian Woodcock. However, according to Companies House records, no such person was ever a director of Harvest Energy Lt at the material time that the alleged contract came into force, (24th June 2019). It would therefore appear that the alleged contract is a false instrument intended to deceive the court.

https://beta.companieshouse.gov.uk/company/02999020/officers

The original PCN/NTK was for allegedly "Stopping in a zone where stopping is prohibited" but this is at variance with the court claim at para 24 for, "Stopping to drop off/pick up."
Therefore the claim is not supported by the original PCN, and the PCN is not reflected in the claim.

None of the photos show the vehicle stopped in a zone where stopping is prohibited, or dropping off/picking up. The claim doesn't even define which of those options they are claiming has occurred. 
The photos do not show exactly where the vehicle was stopped, if at all.
The photos do not show anyone getting out of the vehicle or getting in. The only photo of a person shows "someone" appearing to walk "somewhere". This person may have been the driver going to pay for fuel or a passenger going to make a purchase in the garage shop. Alternatively the person may have been returning to the vehicle. The photos are not clear enough to determine which.

The aerial view does not show where the vehicle was allegedly stopped, therefore does not show if the vehicle was in a zone where stopping is prohibited or where the unproven pickup/drop off occurred.
The boundaries covered by the contract are not shown. The aerial view is not shown in the contract so there is no proof that the stopping and pickup/drop off areas are included in said contract.

Sohail12345

I appreciate your support. I feel i have bit more fire power. Thanks ever so much. Let me find a proper editor for pdf/image 

Fruitcake

Your address is still showing in paragraph 4. You need to go through the whole document again to ensure you have redacted all personal information.

Fruitcake

Many of the pages are now too small to read, for example the NTK; and the contract is now missing.

Sohail12345

Have been awarded 13.3 - discretionary.

Now comes directions - will need your guys help again. please

nosferatu1001

As siad over on pepipoo, the newbies thread will tell yo ua lot
 But we dont know what to help you with, as you havent told us anythign!
What did they give you as directions in the call?

Sohail12345

nosferatu1001 said:

As siad over on pepipoo, the newbies thread will tell yo ua lot
 But we dont know what to help you with, as you havent told us anythign!
What did they give you as directions in the call?

ive been through newbies, got guidance thanks to everyone, from n244 to filing draft defence to contacting authoritative bodies and now hopefully when the questionnaire comes will seek help once again where i am illiterate.