Claim Form received - VCS - WON - For the second time!

lyndonp59

I have a couple of questions regarding the defence I am now preparing and would appreciate some advice please:-

1. As mentioned in post #1, in total overall, both BWlegal and VCS have not replied to the letters sent to them for 4 years.

 a) I wish to make the judge aware of their delay in replying as this seems like unreasonable behaviour to me and not inline with the pre action protocol . Does this go in the defence or witness statement?

 b) They are claiming interest of over £49 on the LBC from over a year ago (April 2019) so no doubt will claim more should they win. I wish to dispute this being as they never replied to our letters even though we always replied to theirs in the requested timeframe. Does this go in the defence or the witness statement?

2. A letter was sent to VCS asking what legal authority they had to charge the extra £60 and gave them 14 days to respond. A reply was never received and they raised the court papers. Does this go in the defence ot witness statement?

3. When i requested a SAR last year from VCS (I also requested one from BWLegal even though they were no longer dealing with the case) and received the pack there is a document (attached below VCS Doc1) which states  "We don't have contract to issue PCN'S"
What are anybody's thoughts oin this? Is this document any use in the defence or witness statement?

Coupon-mad

Mention those things in defence and expand in the WS later.  VCS don't have the contract do they - Excel does?

lyndonp59

Coupon-mad said:

  VCS don't have the contract do they - Excel does?

This was in 2015. According to Fruitcake in this thread below the contract changed from VCS to Excel in 2018 so I am summising VCS had the contract in 2015 but it doesn't explain the attachment in the post above from somebody inside VCS saying they don't have a contract?

https://forums.moneysavingexpert.com/discussion/comment/77261275#Comment_77261275

Coupon-mad

No it doesn't and that's some amusing evidence to cast doubt.

lyndonp59

I have been reading Gumgirls thread who had an overstay of 40 mins in the same car park and won on signage. Unfortunately I don't have any photos of the signs as they were in 2015 which she used in her witness statement and she hasn't posted them in the thread

Although I am still at the defence writing stage do you have any advice on how to get around not having photos of the signage in 2015 please? I am just thinking ahead. Thanks.

https://forums.moneysavingexpert.com/discussion/6025104/advice-needed-on-defence-already-submitted-going-forward-to-contest-vcs/p8

KeithP

Why not send Gumgirl a PM and ask her if she has any photos that will help you?

Coupon-mad

Aren't they on Google streeview when you change the image date, top left?

Fruitcake

GSV images from 2015 shows VCS signs in place. 

lyndonp59

Coupon-mad said:

Aren't they on Google streeview when you change the image date, top left?

Yes thanks, I can see them now as at Oct 2014 which is perfect for May 2015. I was originally looking on an Android tablet which doesn't have that timeline option bizarrley.

Streetview also goes inside the carpark as at Oct 2014 which is extremely useful! The signs are terrible when I view them now.

I feel a little happier I have some photo evidence now for the WS stage later. I now need to crack on and finish the Defence statement.

Fruitcake

Google camera cars use high technology systems to take hundreds of thousands of images your honour. They are very high quality using cutting edge technology as I'm sure you know, but as you can see, it is impossible to read the signs from a moving vehicle even when only a car length away.