VCS - County Court Claim - DCB Legal - Next Steps

Redx

1) defend as keeper but driver unknown on an unremarkable day so long ago where multiple drivers are using the vehicle regularly ! Liability is denied

2) no evidence is submitted with the defence , so cross that bridge later

Example , if it were me , in my case me and my wife go shopping regularly , both of us drive , both of us are occupant's of the vehicle , so how would either of us know who the driver was 2 years ago when we went to Morrisons ??

Either the claimant complies with POFA to make me the keeper liable , or they prove who was driving and make them the defendant , or they lose !!

VCS do not comply with POFA , never have !

SirQuaver

I genuinely cannot remember so I'll edit 2 + 3 to say as such.

By the same token, how could I defend what the car park did or didn't look like on the night?

Thanks Redx really appreciate your advice. 

Redx

SirQuaver said:

I genuinely cannot remember so I'll edit 2 + 3 to say as such.

By the same token, how could I defend what the car park did or didn't look like on the night?

Thanks Redx really appreciate your advice. 

If neither of you know who was driving , then VCS definitely don't know

That is why you or your wife should or us know how it came to be

Was it poor signage ?  Poorly lit signage ? Never saw the signage on a poorly lit car park ? What ?

We weren't there , we are not witnesses , so explain by you believe that a PCN was issued

Then adapt 3 to concisely state the issues

If both of you were present , then you should know why VCS believe that a PCN should be issued , plus know how it came about

This is why you have to adapt 2 and 3 , because it's bespoke to each case and we don't know , neither did coupon mad , but she has already written 90% of your Defence for you ( imagine typing one from scratch , by yourself )

3 is a short concise version of your witness statement , so think about the circumstances that led to the PCN being issued and why you both were there

Coupon-mad

SirQuaver said:

I genuinely cannot remember so I'll edit 2 + 3 to say as such.

By the same token, how could I defend what the car park did or didn't look like on the night?

If you have been sent any images or have the PCN and know the photos were taken at night, you can just say:

Whilst the Defendant does not believe he was driving, and puts the Claimant to strict proof of that or full compliance with the POFA 2012 Schedule 4 (without which there can be no keeper liability) the particulars of claim state that the alleged parking event took place in hours of darkness.  The Defendant can neither admit nor deny that the Claimant's terms and/or any payment machines were prominent and/or lit and/or that the payment methods were in working order.  The Defendant puts the Claimant to strict proof of both that and any evidence they have to show either no payment, or perhaps a numberplate typo or other issue.  The particulars of claim are embarrassing and fail to even state what the contractual sum was, having described it along with alleged damages, which are not quantified.  Liability is denied for the global sum claimed, including any parking charge and any damages.

SirQuaver

Thank you so much for that Coupon-mad. That is outstanding. 

--- 23rd August --- 

AOS SUBMITTED

SirQuaver

My Updated Defense 2 + 3:

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question however the defendant is unable to recall who was driving on the night years ago as multiple people have access to the vehicle, liability is denied.

 

Adjusted version of Coupon-mad's 3.:

3.  Whilst the Defendant does not believe he was driving, and puts the Claimant to strict proof of that or full compliance with the POFA 2012 Schedule 4 (without which there can be no keeper liability) the particulars of claim state that the alleged parking event took place in hours of darkness.  The Defendant can neither admit nor deny that the Claimant's terms were prominent and/or lit and/or that the payment methods were in working order. 

 - ***This was an industrial estate with no pay and display (customers only) is it necessary to include this line?***

The Defendant puts the Claimant to strict proof of both that and any evidence they have to show clear unobstructed signage with clear parking terms that could have been viewed on a dark night in poor weather conditions. 

***I cannot remember and don't have the document but I recall them having a picture of my vehicle AND the signs which I believe looked visible. I remember that when we parked and ran to meet friends the weather was horrendous. That's literally all I remember though.***

The particulars of claim are embarrassing and fail to even state what the contractual sum was, having described it along with alleged damages, which are not quantified.  Liability is denied for the global sum claimed, including any parking charge and any damages.

I'm unsure how to make a strong case here to be totally honest, I recall very little of it at this point....

Coupon-mad

Remove the bit about payment machines but keep the rest, I wrote it for you so there is nothing to change as long as you are using the template.

Less than 4 days to do the Consultation! 

SirQuaver

3 weeks until I need to have submitted my Defense. 

Feel like I'm waiting on nothing as Coupon-mad has kindly put together one for me.

1) I haven't heard anything from anyone to date - is this usual? No response to the AOS 23rd August (but they have 28 days?). What happens if they don't give me my information to help me prepare a defense? (Not that I'll use it at all at this point)

2) Is there any reason for me to wait? Should I just submit the defense already and get things moving quicker?

Thanks all.

Umkomaas

SirQuaver said:

3 weeks until I need to have submitted my Defense. 

Feel like I'm waiting on nothing as Coupon-mad has kindly put together one for me.

1) I haven't heard anything from anyone to date - is this usual? No response to the AOS 23rd August (but they have 28 days?). What happens if they don't give me my information to help me prepare a defense? (Not that I'll use it at all at this point)

2) Is there any reason for me to wait? Should I just submit the defense already and get things moving quicker?

Thanks all.

1. There's no acknowledgement of the receipt of your AOS. It will be recorded on your MCOL history, but no confirmation sent to you in writing.

2. I don't really understand your question, especially if it's set in the context of your other question. 

Coupon-mad

New advice we are adding now, is to copy the defence email also to the Claimant’s solicitor and to check you get an acknowledgement from the CCBC.