County Court Claim form issued by ELMS legal on behalf of VCS

russdcycle

I have been fighting a pcn since January 2018. Firstly with BW legal and then a year later ELMS legal. I have kept all correspondence and have photo and video evidence to back up my defence. A claim form has now arrived in my wifes name (registered keeper) i have been dealing with it and when filling in the first bit online the AOS can it be filled in by me as a representative? My wife is nervous in these situations and it gives her stress but i am adamant to fight this out. Help with defence layout is also sort. I have read the newbie section and am ready to start with the process. My issue date on the claime form is 06/07/2020.

nosferatu1001

- how, precisely, have you been fighting. Show us your appeal, assuming thats what you mean 
- what defence do you have? 
- no, of course not. You are not a party to the claim. You cannot do anything formally as regards teh claim. Your wife will be attending the hearing. 
everything msut be in the name of the defendant. This is non negotiable or arguable.
Have you written the defence? 
Tell su some actual useful details such as whats happened. 

Fruitcake

As above, everything must be done in the name of the defendant, who of course can be helped by you. There is nothing stopping you from doing all the research and writing etcetera with her permission and agreement; but it must all have her name on it. 

If it does get to court, then you can act on the defendant's behalf as a McKenzie Friend or Lay Representative. The former is only allowed to whisper in the defendant's ear and pass documents, where as a Lay Rep acts on behalf of the defendant (a bit like an untrained lawyer/barrister), but the defendant must attend and answer any questions asked by the judge. This may or may be no more than confirming her identity.
You would need to print off a copy of the Lay Representative's Right of Audience and take it with you on the day.

russdcycle

nosferatu1001 said:

- how, precisely, have you been fighting. Show us your appeal, assuming thats what you mean 
- what defence do you have? 
- no, of course not. You are not a party to the claim. You cannot do anything formally as regards teh claim. Your wife will be attending the hearing. 
everything msut be in the name of the defendant. This is non negotiable or arguable.
Have you written the defence? 
Tell su some actual useful details such as whats happened. 

sorry didnt realise i wasnt clear.
fighting = letter writing back and forth responding to letter before claim.
Defence= the land i parked on was next to a monitored car park and there was only 1 sign very faded 10 foot up and was not visible from ground level. i pulled in off the road in front of a building which i didnt think was anything to do with the car park. i have photos and video. Also the person who placed the charge took a photo of a different sign which was in the car park near where i was parked.
When i said i wanted to represent i mean just deal with it as VCS are allowing ELMS legal. When i have gone onto the govt website and started filling in on the last page there is an option to put representative.  

Umkomaas

Defence= the land i parked on

I thought you said that you have read the NEWBIES FAQ sticky?

Le_Kirk

When i have gone onto the govt website and started filling in on the last page there is an option to put representative.

Do you mean when you try to submit the AoS on MCOL?  This must be done by the claimant as there will be a log-in and password sent to the defendant specifically for them to use.

nosferatu1001

OK, you are not listening
You cannot do anything as you are not a lawyer. 
Elms legal are
You are not
Your wife must acknowledge the claim in her name, and everything filed wil be in her name. You can write it. She msut sign it. She must attend if it gets to a hearing
So did you 
- appeal the PCN? Yes or No
- what precisely did you tell them in response to the LBA?
- you state you have read the newbies thread, however that defence looks nothing like the one written for you
If you have not identified the driver, tehn you must ask the board guides to edit your post so the drivers identity is hidden .

KeithP

russdcycle said:

 A claim form has now arrived in my wifes name (registered keeper) i have been dealing with it and when filling in the first bit online the AOS can it be filled in by me as a representative?
My issue date on the claime form is 06/07/2020.

Firstly, as others have said, everything, absolutely everything, must be done in the name of the named Defendant.

With a Claim Issue Date of 6th July, you have until Monday 27th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 10th August 2020 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Just to repeat... everywhere I have said 'you' or 'your' I do of course mean the named Defendant.

Coupon-mad

You are not acting as a 'litigation friend' so you can't fill anything out.    Everything is done by the Defendant (or at least, in their name). 

nosferatu1001

Its funny - when someone comes asking for advice, and you tell thm something is absolutely fixed and non arguable, they somehow think to keep arguing. 

russdcycle

your all armchair know it alls. come on here for advice and no help whatsoever. you dont read the first post and as for reading the newbie thread i never said i had? anyway its gone away for now in future i will stick to my own thoughts as you lot are no help at all just patronising. Reading through them you probably all work for the car park companies legal teams.