VCS CCJ successfully set aside Leeds Crown Street

Coupon-mad

Ah, so this OP already filed a defence.  I agree.

Redx

So there you go , you won't get better advice and the court order is quite clear on what to file plus deadlines

Do not miss your deadlines , especially due to Xmas in the way , let the claimant worry about theirs

This is now about fighting the PCN and court claim , winning and getting your costs back 

Good luck 😃👍

Redx

So there you go , you won't get better advice and the court order is quite clear on what to file plus deadlines

Do not miss your deadlines , especially due to Xmas in the way , let the claimant worry about theirs

This is now about fighting the PCN and court claim , winning and getting your costs back 

Good luck 😃👍

Ferrybird

Thank you all very much for your comments.

Earlier in the  thread (page 5) @nosferatu1001and @Le_Kirk suggested I head my defence as 'draft defence' and that I would have a chance to submit an ammended final version. Although I would have liked to change it a little based on what I've learned and similar to new template order, essentially I'm still arguing the same points. On the bright side one less piece of admin to do on days off  

Redx

Try and address the points in the witness statement then 😁

nosferatu1001

If theyve accepted it as final, then thats their choice really. Youre not going to get anywhere arguing. Pick your battles. 
do not miss any deadline - you msut be more than prompt on this. You must comply completely with the courts order. 

Ferrybird

Another VCS one bites the dust
After successfully having my CCJ set aside in November today was the hearing regarding the underlying claim that VCS felt they against me. The case was heard in front of DDJ Carson at Leeds. VCS had a legal for hire representing them. 

I was a little worried at first as DDJ Carson said that VCS can hold me liable despite the  fact I had satisfied him that I was not the driver. When I had opportunity to speak I did point out the non-compliance with POFA, but he had already indicated that parking having been paid for was my strongest argument so asked me to speak on this matter. The VCS rep tried to claim that I had not submitted any evidence that parking had been paid for (I had - in September, November and again in December) so I highlighted the exhibits and page numbers for him. The rep suggested that the bank statement and app screenshot was not sufficient to prove parking was paid for! DDJ Carson pointed out to him that it would be almost impossible for me to have obtained someone else's bank statement and app for the exact time of the contravention to offer as false evidence of payment - really I should have objected to my integrity being questioned in this way.

The rep continued with VCS's weak argument that the contravention was failure to display a ticket, despite this being impossible as they offer payment via an app. Their witness statement for this hearing did not address my arguments at all and was the same template I have seen on here time and time again (e.g misquoting Vine vs Waltham etc).

DDJ Carson said he was ready to make a judgment. He complimented me on my documents and "excellent analysis of the law". He ruled in my favour, thanked us and left the call. It was all over in 23 minutes. I'm kicking myself that I didn't interrupt and ask for costs - they've had evidence for 4 months that I was not the driver, parking was paid for and POFA not complied with.

Once the CCJ was set aside this should not have gone back to court. My friend had a case against VCS in Sheffield. Their legal rep told him (after VCS lost on an equally weak case), that VCS take a punt on these claims as they believe that there is a 50/50 chance of winning! I noticed on courtserve that the listing after mine is another VCS case. Truth be told I'm glad it's over, and I can clear my desk and get my sewing machine back out!

Thank you so, so much for all your help and guidance over the past few months. I don't want to name names in case I miss anyone, but the time and knowledge that all of the regular posters share so freely is incredible, and I have benefitted from it immensely. You have helped me to go from crying after my first hearing to actually sitting smiling in the most recent one as I felt so confident Hopefully I can pay it forward and comment on here from time to time, and of course help any friends and family who unwittingly get stung.

Redx

Well done , the VCS bullies get their comeuppance !!  JB loses yet another case file !

Another one bites the dust !! 😊👍

Le_Kirk

Good report, thank you and well done.

Coupon-mad

Brilliant news!  Are you still out of pocket for £255 though, the set aside fee, or was hat refunded to you after the first hearing?