IAS dismissed appeal

Samrossetti

Trainerman said:

What was the actual "contravention" claimed, and apart from PoFA what else did you put in the defence ?

Overstaying allowed time in a free shopping car park.  Because the pcn was issued via apn and was outside the 14 days   was actually nearly 3 months, I relied on golden ticket defense.  I couldn't give any other defense as I wasn't the driver and don't know who was driving thst day as I stated

Coupon-mad

Fair enough.

Ignore them now, or preferably send one email to VCS telling them that they know that Elliott v Loake has no legs and the IAS is considered by MPs, motoring groups and consumers to be (allegedly) as bent as a nine bob note. VCS and Excel have already lost this argument on appeal (Excel v Smith) and should have stopped pestering registered keepers (who were not the driver) years ago.

As such, because they have admitted this is a non-POFA PCN and they know you were not the driver, they have no reasonable cause nor lawful excuse to continue to pursue you (the keeper) and you forbid them to add the fake £70 nor share your data with a DRA to send aggressive demands.  Put up or shut up: either a court claim this year with no false £70 add-on, or cancel the PCN.

You'd win in court as VCS have admitted it is non-POFA and they can't presume a keeper was the driver.  Especially when you weren't, and your submissions will say that.

There is no huge costs risk.

But of course, do come back for help when the inevitable claim arrives but PLEASE don't tell us about them adding £70 or about any silly DRA letters.  Just collect them and ignore them as the 4th post of the NEWBIES thread tells you.

Samrossetti

Update 
Hi all. I've now had my court claim papers through. I'm fighting on the fact that I didn't recieve the pcn in post for 3 months and to hold the keeper liable they have to send within 14 days. Their response so far has been they not relying on PoFA as its not written on the pcn , and they assume I was the driver. Is there any specific advise on what to write on the claim form as my defense? Or shall I just reiterate this? Thank you

Umkomaas

What is the Date of Issue shown on the court claim?  Have you acknowledged service (AOS), and if so, on what date?  Forum regular @KeithP will be along to give some deadline dates to which you will need to work once you give us the information. 

You don't deal with the claim by 'writing on the claim form' or by 'just reiterating'. How to deal with the claim is detailed in the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, which includes around 90% of your Defence already written for you. 

Samrossetti

Umkomaas said:

What is the Date of Issue shown on the court claim?  Have you acknowledged service (AOS), and if so, on what date?  Forum regular @KeithP will be along to give some deadline dates to which you will need to work once you give us the information. 

You don't deal with the claim by 'writing on the claim form' or by 'just reiterating'. How to deal with the claim is detailed in the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, which includes around 90% of your Defence already written for you. 

I've just recieved it so no havnt acknowledged it yet! I know what the timelines and deadlines are. You do deal with the claim by writing your defence on the form or on the online form.... ive been both claimant and defence in small claims court before. I just want some help if any specific wording I should use 

Snakes_Belly

They can say all they like that they are not relying on POFA but that did not butter any parsnips for their sister company Excel at a recent hearing in Walsall. 

In a small city near to where I live Excel (owned by the same director as VCS) have created havoc on two city centre car parks. Many people who have never received PCN's before have been affected. They like yourself have been scared of attending a court hearing but many of them have fought their corner and won or are in the process.

If you let these bullies win it is perpetuating their grubby business.  

patient_dream

Samrossetti said:

Update 
Hi all. I've now had my court claim papers through. I'm fighting on the fact that I didn't recieve the pcn in post for 3 months and to hold the keeper liable they have to send within 14 days. Their response so far has been they not relying on PoFA as its not written on the pcn , and they assume I was the driver. Is there any specific advise on what to write on the claim form as my defense? Or shall I just reiterate this? Thank you

Just to assist us futher, is this a direct claim from VCS or has it been issued by one of the very dodgy legls?  

This will be another failure for VCS where you can claim your costs

We have long thought that before VCS/EXCEL bring these cases, they should seek professional legal advice, which they don't

You now have to play the game with all the help of the members here

prowla

Of course you lost the "appeal" - their process is as genuine as the referendumbs being run in occupied Ukraine.

The outcome is a load of pseudo-legalspeak designed to frighten you into paying.

Samrossetti

patient_dream said:

Samrossetti said:

Update 
Hi all. I've now had my court claim papers through. I'm fighting on the fact that I didn't recieve the pcn in post for 3 months and to hold the keeper liable they have to send within 14 days. Their response so far has been they not relying on PoFA as its not written on the pcn , and they assume I was the driver. Is there any specific advise on what to write on the claim form as my defense? Or shall I just reiterate this? Thank you

Just to assist us futher, is this a direct claim from VCS or has it been issued by one of the very dodgy legls?  

This will be another failure for VCS where you can claim your costs

We have long thought that before VCS/EXCEL bring these cases, they should seek professional legal advice, which they don't

You now have to play the game with all the help of the members here

Thanks. They got ELMS legal to contact me first then this court claim. I'll have to check the papers themselves to see if the claimant is ELMS or VCS

Samrossetti

prowla said:

Of course you lost the "appeal" - their process is as genuine as the referendumbs being run in occupied Ukraine.

The outcome is a load of pseudo-legalspeak designed to frighten you into paying.

I'm past loosing the appeal. Yes I knew I woukd loose it, I now have been issued a court case so want help in how to write the defense