Defence for PCN court claim

Coupon-mad · 25 July 2021 at 12:03PM

Redx said:

It's more usual for them to claim in court that they never received your WS !! So any excuse !!

Yes, so the OP needs to know to email the WS and evidence to the local court and VCS at the same time (same email) so they can’t play that game any more).

The C has certainly had your defence but you could always attach it as a second PDF ‘for the benefit of the Claimant who appears to have mislaid the copy sent to them by the CCBC before we exchanged DIrections Questionnaires’.

That’s after adding page numbers, signing and dating it, merging the PDFs (so the transcripts are not plain text but are original copies) and compressing the merged PDF using free online PDF editing tools.

comeupance · 25 October 2021 at 4:47PM

Hi All,

My court case was stood out in September and has been rearranged for July. Today I received through the post a WS from the claimant, it is exactly the same as the first WS. Does anyone know if there is a reason for this? or have they just made a mistake.

Thank you

Coupon-mad · 25 October 2021 at 10:17PM

Depends what the Order says about the July hearing snd what all parties have to do and by when. In the numbered Directions.

comeupance · 26 October 2021 at 12:08AM

The directions are,
1. A case summary.
2. A chronology of what happened.
3. A copy of any claim/application a court is being asked to decide at the hearing.
4. All other information(e. g. statements, documents) that are essential and relevant for the court to make a decision at the hearing.
It also states. It is ordered that the parties should discuss what can be agreed before the hearing.
I have already sent all my documents to the claimant and the court for the first hearing that was stood out do I need to send them again for the rearranged hearing?

Coupon-mad · 26 October 2021 at 2:47AM

If the Directions say so, yes.

And did it include a chronology (doubt it)? The court wants one but you haven't told us by when.

comeupance · 26 October 2021 at 1:20PM

Thanks for your response CM.

At least 3 days before the hearing. I have posted photos of the NOH. Any advice would be appreciated. Thanks.

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/7b/eoibppd2w4w1.png

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/zh/haxc3g48vrw2.jpg

comeupance · 22 March 2022 at 6:37PM

Hi All, I have received a supplemental WS from VCS [shown in the photos] and they have supplied one to the court. I sent my defence to the court and as I understand the court should send a copy to VCS. I received VCS WS last July and in it they stated that they had not received my defence and therefore were writing their WS without seeing my defence. I have since sent them a copy of my defence and they have now sent this supplemental WS. My question is should I respond with either a supplemental defence or WS or at all. Any comment's appreciated. Thanks

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/9d/4o8w1mdxania.jpg

IamWood · 22 March 2022 at 6:47PM

Just keep the proof that you've posted/emailed VCS for your WS.

You can submit your evidence if VCS claims not to have received it in court. this is the usual trick that VCS has used in the past and it happened to my case as well. I used this to demonstrate how nasty(they could just lie before the honorable judge) VCS could be in my argument in court.

The judge gave the rep of VCS 5 minutes to scan my WS and continued the hearing as usual.

comeupance · 11 May 2023 at 6:07PM

Hi everyone, it's been a long wait but I finally went to court yesterday and I lost my case. Just to remind everybody the PCN from VCS was for stopping where stopping is prohibited at Southend Airport. My defence was I was the keeper and not the driver and that it is not relevant land for the keeper. That the stop was for an emergency and the byelaws allow for that and that the place where the images were recorded was not in the claimants enforcement boundary and the £60 added was double recovery. Unfortunately the DDJ took the side of VCS and decided that they had the right to pursue the keeper because their contract allowed them to. I knew when the judge said he didn't know what POFA ment that I was in trouble. Only one good thing came that came from it was that judge didn't allow the £60.add on.

Jenni_D · 11 May 2023 at 7:00PM

If the judge was unaware of a statute of law (PoFA) then could it be argued that he/she "erred in law"? (The key requirement for an appeal - not that it's probably worth doing, given the cost and the likelihood of success).