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

satchy_b

My Dispute Resolution Hearing is coming up soon. It's not the actual trial, but an initial hearing (still with a Judge) to see if the case can be resolved without a lengthy trial. Will VCS's representative still have to have the 'Right of Audience' in this type of hearing?

Also, who exactly has the Right of Audience? From what I've read solicitors and barristers do. But does any employee of a PPC also had Right of Audience? For instance, does a Paralegal employed by VCS have Right of Audience? Thanks

KeithP

satchy_b said:

My Dispute Resolution Hearing is coming up soon. It's not the actual trial, but an initial hearing (still with a Judge) to see if the case can be resolved without a lengthy trial. Will VCS's representative still have to have the 'Right of Audience' in this type of hearing?

Also, who exactly has the Right of Audience? From what I've read solicitors and barristers do. But does any employee of a PPC also had Right of Audience? For instance, does a Paralegal employed by VCS have Right of Audience? Thanks

The questions you are asking have absolutely nothing to do with parking.

Have you thought about asking that more specialised question on a more appropriate platform - maybe LegalBeagles?

Another tack might be to stick who has rights of audience into Google.

Coupon-mad

does any employee of a PPC also had Right of Audience?

Yes.

For instance, does a Paralegal employed by VCS have Right of Audience?

If the Judge lets them even though technically, no...

But none of that is something to attack at a dispute resolution hearing.  The rep is likely to be allowed to speak.

The important thing is to meet your deadline for WS & evidence and keep proof of having sent it to VCS and the court, because their reps seem to come with instructions to try to lie that Defendants have failed to serve their WS (not the defence) in time, and pretend VCS ''haven't received it''.   

If they convince the Judge of that (even if the D has served it but can't prove it) they'll then try to seek their rep's 3 figure costs for this half hour hearing, due to what the rep will say is your unreasonable conduct!  So be ready to prove you've jumped through all the hoops as well as saying that you are NOT going to settle and wish to defend the claim in full.

satchy_b

Thanks @Coupon-mad
Yes, I've heard they try that so enclosed proof with the docs I posted to the Court 

satchy_b

So I used the defence as in the template (abuse of process for trying to claim a global sum of £160, etc). Also, as I wasn't driving I point out that the PPC hadn't met the conditions of POFA (POFA 2012 Sched 4, Para 8 2) f) states: "warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given..." but the PPC used "date issued" instead of "notice to keeper is given", so they deliberately misrepresented it and in reality gave me 4 days less to make a decision).

The Judge at the hearing couldn't come to a conclusion and a further 30 min hearing is to be held where he'll give his verdict, but I've received a letter basically ignoring the fact that the PCN misrepresented POFA and saying that he feels the £100 charge and £60 for costs is not extortionate and he finds in favour of the claimant. Official hearing/verdict TBC.

Assuming the final verdict does go in the claimant's favour does anyone think I have much chance of an Appeal going in my favour? (Or am I better off just paying?)
If I do just pay and take the loss in court, will it affect my credit rating?
Thanks

Coupon-mad

Did you submit a witness statement and evidence as required?  

Was this the Dispute resolution hearing?  Please show this Order (a photo of it)?

Coupon-mad

Remove that - it's a reserved judgment that you are not allowed to share, surely!   You can't show people a draft judgment.

That Judge is ridiculously concluding that the Claimant acted 'within the spirit' of the POFA! Jeez some judges are clueless.

satchy_b

It wouldn't let me delete just the picture, so had to delete it all...(For anyone else that reads this) I submitted a witness statement (explaining that I wasn't driving and that they'd reworded POFA, etc) and evidence.

It was an actual hearing (via skype), but because the Judge didn't have much time to read the evidence beforehand (previous hearing ran over) he wanted to read through our statements before giving a verdict.

So do you think I would have a reasonable chance (obviously nothing guaranteed) of winning an appeal? Given that it's not enough to just be 'within the spirit' of POFA.
If I appeal is there a chance I might have to pay even more money if I lose?

Coupon-mad

So do you think I would have a reasonable chance (obviously nothing guaranteed) of winning an appeal? Given that it's not enough to just be 'within the spirit' of POFA.

No.

If I appeal is there a chance I might have to pay even more money if I lose?

Yes:
https://forums.moneysavingexpert.com/discussion/comment/78363843/#Comment_78363843

satchy_b

So I guess it looks like I'm better off just paying it rather than risking further legal fees.

Is there a cap on how much I might have to pay to cover the costs of the claimants legal fees? I read £60 somewhere but the claimant previously wrote to me saying they would seek £220 (+the £160  in their claim).