VCS - Court Claim. Is it worth including a Counter Claim?

satchy_b

If I lost the counter claim, besides losing the initial court fee do you know if they'd be any other costs I'd have to pay? (Assuming it's all concluded in the one hearing and VCS don't drag it out). Thanks

nosferatu1001

No other fees unless your behaviour is deemed unreasonable (CPR27.14(2)(g))

KeithP

satchy_b said:

25th August, but I acknowledged on 10th Sept, I believe I have until 27th to submit by email (please correct me if I'm wrong).

Almost right, but a filing deadline is never on a Sunday.

With a Claim Issue Date of 25th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 28th September 2020 to file your Defence.

That's just one week 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 by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Coupon-mad

 Although, do VCS have to prove I was driving? Or do I have to prove I wasn't?

No and no.  It is decided on the 'balance of probabilities' and if you believe it wasn't you, then say that.

The only cases I've assisted with that have counterclaims (I can count them on one hand) are where the person has no liability in that the PCN should never have been issued and the data should never have been requested from the DVLA.  As bargepole said.  He helped with Simon Clay v CEL where a person sued a parking firm and got £200 for data misuse, but that too was where there was no justification for issuing the PCN at all, because the parking firm had failed to show that they had any landowner contract in their own name for that site.

satchy_b

If I was to leave the counter claim for now, am I able to take them to small claims court after the case (so I can see how it pans out first) or are there any rules that would prevent me from doing this? (I'm sure most people are just happy for things to be over but at the moment at least I feel very strongly about their appalling conduct.)  

KeithP

Yes of course you can sue them later if you wish.

You have up to six years to do so.

bargepole

satchy_b said:

If I was to leave the counter claim for now, am I able to take them to small claims court after the case (so I can see how it pans out first) or are there any rules that would prevent me from doing this? (I'm sure most people are just happy for things to be over but at the moment at least I feel very strongly about their appalling conduct.)  

That would be the best way to approach it, in my view. If you win the case, and the Judge rules that their claim was hopeless and/or that they should never have issued a ticket in the first place, that becomes a res judicata fact which would support your cause of action for a subsequent claim against them.

satchy_b

Thanks for everyone's input. I think that's how I'll approach it.

satchy_b

I received a Notice of Allocation letter giving me the date for a Dispute Resolution Hearing - a 30 minute telephone hearing. (Apparently this is the new process as a result of the pandemic).

A few days later I received a letter from from VCS saying: "This matter has now proceeded to the Small Claims Track and Directions have been set by the District Judge. We are confident that we have a strong case against you and we are entitled to recover the outstanding Parking Charge Notice and any additional costs. However, we are mindful that under Civil Procedure Rules litigants are expected to try to resolve their disputes wherever possible. Therefore, we are willing to accept a reduced settlement of £145 payable within 14 days from the date of this letter. This offer is made on a "without prejudice" (save as to costs) basis. Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court's attention upon the question of costs in order to seek further costs of £220 incurred in having to instruct a Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form."

So, can they seek to also recover solicitor costs? Or is this just another example of 'abuse of process' and unnecessarily increasing costs and trying to scare me into paying?

Any comments or suggestion with regards to how best to reply are much appreciated.

Thanks in advance.

BrownTrout

you either settle or you continue 
simple.