VCS/DCB Legal CC Claim

KeithP

HootingOwl72 said:

KeithP said:

Does the Claimant already know the identity of the driver?

Do you know that a keeper has more protection in law than a driver?

If the Claimant does not know the driver's identity then they have to follow the strict 'rules' in the Protection of Freedoms Act in order to transfer any driver's liability to the keeper.

No, the identity has not been disclosed to the claimant, how can I use this to benefit me? 

By removing the words and driver from your paragraph 2.

Le_Kirk

HootingOwl72 said:

HootingOwl72 said:

4. As for VCNXXXXXX, the Defendant purchased and displayed a valid ticket. The claimant must provide evidence is put to strict proof of non-compliance.

Le_Kirk said:

Every paragraph in a defence needs a number.  Does the claim (as per the N1 claim form) relate to TWO claims or have you done that?

Renumbered as advised, the claim relates to 2 separate VCNs on one claim number

Adjust #4 as shown above.

HootingOwl72

KeithP said:

HootingOwl72 said:

KeithP said:

Does the Claimant already know the identity of the driver?

Do you know that a keeper has more protection in law than a driver?

If the Claimant does not know the driver's identity then they have to follow the strict 'rules' in the Protection of Freedoms Act in order to transfer any driver's liability to the keeper.

No, the identity has not been disclosed to the claimant, how can I use this to benefit me? 

By removing the words and driver from your paragraph 2.

Hi KeithP, with the stage that this is at and lack of initial appeal, due to the fact I can't lie if it gets to court then I'm going to have to accept the keeper and driver being one and the same, as per Redx's comment

Le_Kirk said:

HootingOwl72 said:

HootingOwl72 said:

4. As for VCNXXXXXX, the Defendant purchased and displayed a valid ticket. The claimant must provide evidence is put to strict proof of non-compliance.

Le_Kirk said:

Every paragraph in a defence needs a number.  Does the claim (as per the N1 claim form) relate to TWO claims or have you done that?

Renumbered as advised, the claim relates to 2 separate VCNs on one claim number

Adjust #4 as shown above.

Hi, all amended as above, will post draft of the relevant sections of the defence for any more critique, thanks

HootingOwl72

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 

3.  For VCXXXXXXXX, the Defendant purchased and displayed a valid ticket. The photographs supplied by the Claimant clearly show a valid ticket in the windscreen. The vehicle registration number displayed on the ticket however does not match the vehicle registration number – the Defendant cannot be held liable for a machine malfunction or administrative errors made by the Claimant.

4.  As for VCYYYYYYYY, the Defendant purchased and displayed a valid ticket. The claimant is to put strict proof of non-compliance.

Is this good to go as is, or can anybody think of anything that needs amending?

Thanks all for the help

Coupon-mad

Looks fine.

HootingOwl72

Hi all, just a quick update on this thread. VCS took me to court and the case was dismissed due to a dating issue, please see the below link for an explanation 

https://forums.moneysavingexpert.com/discussion/6344705/another-one-bites-the-dust#latest

Thanks again to all who helped!

D_P_Dance

The PPC have wasted your time, now waste theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Coupon-mad

Very good to know that one Judge has seen the American date in the POC as misleading!    Nicely done.