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Another EMA VCS No Stopping Fine!!!!!

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Comments

  • SkyWhy
    SkyWhy Posts: 49 Forumite
    10 Posts Name Dropper Photogenic
    Do I just wait to receive further instructions now?
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 June 2022 at 7:40PM
    No, you go back to the guide to court in the NEWBIES, and the twelve step guide in the template defence thread to see what to expect, and how to deal with it.

    You start collecting and collating evidence in readiness for your witness statement and exhibits.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Jenni_D
    Jenni_D Posts: 5,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 24 June 2022 at 7:46PM
    Yes ... but there's nothing to stop you working on your WS while everything is fresh in your mind. (Although you may need to await the SAR response to flesh it out).

    Edit: Yes = No - as in there are things you can do, but nothing actually court-related until you get further communication from the CCBC.
    Jenni x
  • SkyWhy
    SkyWhy Posts: 49 Forumite
    10 Posts Name Dropper Photogenic
    Hi All, so by way of an update, I've now received the N180 Directions questionnaire.  My question is, would it be worth adding my wife as a witness because she was with me when the alleged event occurred?  If I do will she be required to attend the hearing too if it were to get that far?

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The evidence of a witness who doesn't attend a hearing will probably be dismissed as hearsay.
  • SkyWhy
    SkyWhy Posts: 49 Forumite
    10 Posts Name Dropper Photogenic
    N180 posted.
  • SkyWhy
    SkyWhy Posts: 49 Forumite
    10 Posts Name Dropper Photogenic
    Hi, so the latest is VCS has sent me a letter (and form N434) notifying me that they have disinstructed their legal representative and will be defending the claim themselves. In the same letter Pursuant to the CPR insofar as litigants are expected to try and resolve their disputes wherever possible they state they are willing to accept a reduced settlement charge if paid within 14 days otherwise they will continue with their claim.

    I presume this is a standard letter and is a positive, because why would they offer to settle for less if they feel they have a strong case?  I'd welcome any feedback in the usual way please.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    No it isn't a positive its very much part of the process 
  • SkyWhy
    SkyWhy Posts: 49 Forumite
    10 Posts Name Dropper Photogenic
    @Grizebeck thanks.  Considering I've established I was within the hotels demise when the alleged event occurred, in your opinion should I ask them to supply the contract they have with the hotel that allows them to fine their customers at this stage?
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is not a fine. 

    The template defence already includes "no landowner authority" but yes, you should put the claimant to strict proof they have a contract with or flowing from the landowner not only to operate, but one that permits them to issue charges.

    What happened when you complained to the landowner/hotel manager/hotel chain CEO?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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