VCS Claim & Defence

Coupon-mad

OK, carry on with your WS and evidence to be filed and served by Friday and don't tip off VCS this week.

Then phone the lady on Monday and tell her what has happened and encourage her to report them to the ICO (send her the email as proof that all her data has been shared).   Leave it with her to deal with it as she sees fit, and refer her to this forum.  

You do not have to alert VCS to their error; don't let the shht hit the fan until it is too late for them to address it in your case.

emilycharlotte

Coupon-mad said:

OK, carry on with your WS and evidence to be filed and served by Friday and don't tip off VCS this week.

Then phone the lady on Monday and tell her what has happened and encourage her to report them to the ICO (send her the email as proof that all her data has been shared).   Leave it with her to deal with it as she sees fit, and refer her to this forum.  

You do not have to alert VCS to their error; don't let the shht hit the fan until it is too late for them to address it in your case.

Ok thanks. I'll crack on with the witness statements and see if VCS realise their mistake and if anything else comes this week (hopefully it won't!). 
I do have experience of this Court and have been on matters in front of this Judge before. I know the Judge will not be impressed by the mess created by VCS but equally if this does actually go to the hearing then the Judge may question why I didn't raise it as an issue earlier as I obviously have recieved some sort of paperwork purporting to be from this case... I suppose I will just have to claim ignorance 😅
Thanks for your help 

Coupon-mad

You have no obligation to point out the error of the other side but don't lie to the court about when you noticed it.  You could say you assumed a serial litigant with an in-house legal team would serve a proper WS & evidence in time and it's not your obligation to assist or prompt them, nor even to tell them about a mistake:  

https://hsfnotes.com/litigation/2018/08/30/no-duty-on-solicitor-to-inform-opponent-of-error-in-service/

''The High Court disagreed, emphasising that the culture introduced by the CPR does not require a solicitor who has not contributed to an opponent’s mistake to draw attention to that mistake. This is in line with comments of Lord Sumption in Barton v Wright Hassall LLP [2018] UKSC 12, where he said the defendant’s solicitors were under no duty to notify the claimant’s solicitors that service was invalid (in that case because the claimant served by email without the defendant’s consent), even if they realised that was the case in time for the error to be corrected.'' 

You could mention it next week, if you wish...or leave it and see what happens.

emilycharlotte

Perfect thanks for that. 
I don't think I will raise it and wait to see what comes first.  The bundle is due to be filed at Court 2 days before so it may be that VCS just serve a correct version in that... the order states that if the bundle has not been filed then the hearing will not be going ahead so it will be interesting. 
As a side note, I have noticed that the email address that VCS have sent this paperwork to is not an email address I have been using for this matter at all so I am wondering where they got this email address from. It is mainly a redundant email address from my school days which I have been too lazy to remove from my phone. I am wondering if they've plucked the email address from an old ticket I've appealed in the past... but if they do try and prove service then I can say that I do not use that email address, have never accepted service on that email address nor have I provided it to them for the purposes of service within these proceedings. The whole thing is just a bit odd! 

Fruitcake

When you contact the lady in Blackpool, ask if they have received any of your personal data. If they have then you can complain to the ICO as well. You can also complain to the DVLA about a data breach which I'm sure contravenes the scammer's KADOE contract with regards to data handling.

You might want to give the other person a link to this thread as well.

As for the old email address, perhaps they used a tracing company or searched social media and *cough* accidently used it by mistake in the hope you wouldn't receive it but could prove they sent it.

When you get their WS please post it here if it isn't excessively long. Do post their exhibits especially their alleged contract to scam. Only redact YOUR personal data.

Coupon-mad

emilycharlotte said:

Perfect thanks for that. 
I don't think I will raise it and wait to see what comes first.  The bundle is due to be filed at Court 2 days before so it may be that VCS just serve a correct version in that... the order states that if the bundle has not been filed then the hearing will not be going ahead so it will be interesting. 

No, they can't do that because the date for filing the WS will have passed.  Make sure you file your WS, evidence and costs THIS WEEK.

The bundle being sent electronically 2 days before is just to facilitate the telephone hearing if the Judge is sitting remotely, which he/she probably will be.  The deadline to first file & serve it, is this week.  And they can't change the bundle in between.

emilycharlotte

Thanks both. 
I will post redacted witness statements once they are ready. I have just been to the car park to video and photograph the signs to exhibit to my statement and will keep you posted with any news 🙃

emilycharlotte

Hi All 
I have attached a (hopefully redacted!) WS for myself and husband who came to my rescue. I can't figure out how to attach a video on here so I have left that out and there is a Judgment that I know needs to be attached to WS too. 
I have largely copied the WS from a different poster and then edited and cut the parts that I don't think are relevant to mine but I may have missed parts. Any comments/guidance would be gratefully received. 
I plan file and serve this tomorrow at 4pm and then I will wait until Monday to call the lady in Blackpool. I think the stuff I received was her electronic bundle so it may be too late. If they are sending the bundle 2 days before then I imagine hers is listed for Monday. 
I have not heard anything further from VCS with their evidence...
Many thanks

Umkomaas

I think I'd leave out any reference to a habit of leaving the lights on and running down the battery. Culpability could be apportioned!

Coupon-mad

Ooh, why not ring her at the weekend then! That will be OK and might help her with her hearing.