VCS COURT CLAIM

nosferatu1001

Indeed, the fact it doesn't comply with all requirements to be a lawful ntd does not mean it isn't a ntd. So they're bound by the 29-56 days timeline 

beamerguy

Yes, continue with the breach of POFA.

You have a video and pictures which will have a time stamp.  With pictures you can prove the date you took them with meta data of the image.  VCS will not have a video and their picture does not show where the sign is located.  

Have a read of this recent thread where VCS crashed again.  Note that the OP thinks VCS doctored the pictures and as such he has been advised to inform the DVLA.
https://forums.moneysavingexpert.com/discussion/6106590/southend-airport-stopping-on-red-lines-claim-n1sdt/p7

Apart from the pictures, VCS will have added a fake £60 and that must be highlighted to the judge
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Even at this point, you can still email VCS advising them that you have a video and pictures which is detrimental to their claim and these will be shown in court. There is no obligation to show VCS either, their legal rep can watch them with the judge being present.


Just in case they decide to update their picture, they will need to prove the date and time they were taken .   For you to get the meta data of your pics, bluetooth them to your computer, create a file called VCS and once on your computer,  right click on the pics, a menu pops up, go down to properties and you will see the date and time you took the pictures

You have enough information for the judge to dismiss the case

KeithP

beamerguy said:

Even at this point, you can still email VCS advising them that you have a video and pictures which is detrimental to their claim and these will be shown in court. There is no obligation to show VCS either, their legal rep can watch them with the judge being present.

Not sure that's quite right @beamerguy.

All evidence must be sent to both the Court and the Claimant well before any hearing - usually 14 days before.

beamerguy

KeithP said:

beamerguy said:

Even at this point, you can still email VCS advising them that you have a video and pictures which is detrimental to their claim and these will be shown in court. There is no obligation to show VCS either, their legal rep can watch them with the judge being present.

Not sure that's quite right @beamerguy.

All evidence must be sent to both the Court and the Claimant well before any hearing - usually 14 days before.

Well a video would be a problem to send.  This can be mentioned in the defence that the video is available for the court

Or, the OP could upload to youtube so VCS can see

KeithP

beamerguy said:

KeithP said:

beamerguy said:

Even at this point, you can still email VCS advising them that you have a video and pictures which is detrimental to their claim and these will be shown in court. There is no obligation to show VCS either, their legal rep can watch them with the judge being present.

Not sure that's quite right @beamerguy.

All evidence must be sent to both the Court and the Claimant well before any hearing - usually 14 days before.

Well a video would be a problem to send. 

Would it?

I've written about this before...

Evidence must be sent on a 'durable medium' to both the Claimant and the Court.

A 'durable medium' is something that once sent cannot be altered by the sender.

In the case of video, that means you are effectively limited to either a CD/DVD, or memory stick/card.

A video file as an attachment to an email is another example of a 'durable medium'.

A link to a Dropbox file, a Youtube file, or indeed a link to anywhere, is not acceptable as you could alter that file after the link has been sent.

You also need to consider how you are going to show the video at the hearing. Take a laptop or tablet with you that is capable of playing the chosen durable medium.

That was written when real hearings were taking place. You need to adapt it to cover telephone or video hearings, but the principle remains - you cannot send a link to a file wherever that file may be.

beamerguy

KeithP said:

beamerguy said:

KeithP said:

beamerguy said:

Even at this point, you can still email VCS advising them that you have a video and pictures which is detrimental to their claim and these will be shown in court. There is no obligation to show VCS either, their legal rep can watch them with the judge being present.

Not sure that's quite right @beamerguy.

All evidence must be sent to both the Court and the Claimant well before any hearing - usually 14 days before.

Well a video would be a problem to send. 

Would it?

I've written about this before...

Evidence must be sent on a 'durable medium' to both the Claimant and the Court.

A 'durable medium' is something that once sent cannot be altered by the sender.

In the case of video, that means you are effectively limited to either a CD/DVD, or memory stick/card.

A video file as an attachment to an email is another example of a 'durable medium'.

A link to a Dropbox file, a Youtube file, or indeed a link to anywhere, is not acceptable as you could alter that file after the link has been sent.

You also need to consider how you are going to show the video at the hearing. Take a laptop or tablet with you that is capable of playing the chosen durable medium.

That was written when real hearings were taking place. You need to adapt it to cover telephone or video hearings, but the principle remains - you cannot send a link to a file wherever that file may be.

OK, so a link to VCS.  Understand about video/telephone hearing
Clearly the video must be seen, what do you suggest if it's not face to face

nosferatu1001

We transfer link so they can download their own copy. Can't be altered then by one party unilaterally. Easy. 

KC1974

Thanks guys for all your excellent advise. I have filed my AOS and I am preparing my defence and will post on here shortly for feedback

KC1974

I have prepared my defence which I will be sending in after Christmas. I have used the template for newbies (which I believe covers the 'double recovery' element to the defence but have added the following:

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.  The defendant was not the driver of the vehicle on the day/time in question.

 3.  The address given, where the alleged offence took place, has insignificant signage. The limited signage is not lit nor positioned in an appropriate position to the entrance or the land in question. 

4. The Claimant failed to comply with the procedural requirements of Protection of Freedoms Act (POFA) 2012. The date of the alleged Parking Charge Notice was 26/02/2020; when a Notice to driver was placed on the vehicle. To comply the earliest date of which the claimant could request the registered keeper details from the DVLA was 28 days after (25/03/2020).  The Notice to keeper was received by the defendant just 2 days after, on the 28/02/2020.  As such, the Defendant has no liability in law and the court is invited to strike out this claim with immediate effect. The Claimant has chosen not to rely on POFA as they are aware, they have no legal claim against the Defendant under Law.

5.  The defendant has felt harassed by the ‘debt recovery’ letters the claimant has sent over the past few months.

KC1974

I have included the following in my defence taken from another witness statement which was relevant:

A key factor in “ParkingEye v Beavis” was that the relevant signs were “large, prominent and legible, so that any reasonable user of the car park would be aware of their existence and nature”. I have included a comparable entrance/parking sign used by ParkingEye Ltd ....

where can I find this image???