DVLA - Freedom of Information Request FOIR3988, where to get a copy?

Coupon-mad

Nicely done!

I'd reply to VCS by email, saying no to settlement and that you will serve your WS and evidence by email in due course and their agreement to this will be confirmed by the service of their reply to defence, if they don't decide to cut their losses and discontinue.

If you still live abroad, remind them of that and that there is no risk to you by continuing to defend, as you are outside if jurisdiction anyway and won't be settling a clearly unfair charge.

The reason for the above is to pave the way to serve your defence-supporting WS by email.  VCS have been known to object, so pre-empt that.

mar_88

Coupon-mad said:

Nicely done!

I'd reply to VCS by email, saying no to settlement and that you will serve your WS and evidence by email in due course and their agreement to this will be confirmed by the service of their reply to defence, if they don't decide to cut their losses and discontinue.

If you still live abroad, remind them of that and that there is no risk to you by continuing to defend, as you are outside if jurisdiction anyway and won't be settling a clearly unfair charge.

The reason for the above is to pave the way to serve your defence-supporting WS by email.  VCS have been known to object, so pre-empt that.

Thanks Coupon-mad!

No, I was deployed abroad temporarily for work, I reside in the UK - Is it worth then to send email AND posts for all comms?

Coupon-mad

Only if they object. That's the point of your email now, so you don't have to print & post anything.

mar_88

I see, thanks for that! Assuming they actually submit something I'll probably have to polish my defence arguments before the hearing. I will update the post in the following weeks with their reply and my final set aside WS. Have a good evening!

mar_88

Afternoon all, 

Quick update from today: Received another letter from VCS now offering to settle for 192,50£ (increased from the original 185£) and additional costs of 220£ for solicitor fees on top of the original claim form costs. I will reply the same way as I had replied to their first letter last week. I've read in the forum about these costs not having any legal basis to be claimed, however I do not know the reason or the document or documents that give precedence to that argument. Any suggestions? 

I've been instructed to forward all evidence to be used at the hearing by 22/08. I'd like this pack to include this costs topics. I've also been granted the opportunity to submit a final WS by 05/09 based on VCS feedback of my defence which I expect to receive by 08/08. 

Would it make sense for me to upload the order from the set aside hearing and the letters from VCS in a forum-friendly format? 

Thanks!

KeithP

You haven't said, but if any of those letters are headed 'without prejudice save as to costs' then you cannot include them or mention them in your witness statement and evidence.

mar_88

Hi KeithP, 

Yes, the letters I understand I cannot use as evidence and wont be used, I meant that las comment as to upload them to the forum to give the audience some context - Indeed the settlement offers were made without prejudice in both. 

mar_88

mar_88 said:

Hi KeithP, 

Yes, the letters I understand I cannot use as evidence and wont be used, I meant that las comment as to upload them to the forum to give the audience some context - Indeed the settlement offers were made without prejudice in both. 

I'd like to send legal precedence/documentation that could support the argument that those 220£ extra are inflated costs though

Coupon-mad

 I've read in the forum about these costs not having any legal basis to be claimed, however I do not know the reason or the document or documents that give precedence to that argument. 

That's worrying, with a hearing coming up, that you haven't re-read your defence to remind yourself of the arguments against the fake £60 or £70 DRA fee.  If you used the Template Defence, the rationale is in there (in great detail) and is not about ALL the costs.

Then move on to read recent good WS bundle examples from July.  It's also clubbed to death in those examples!  Simply a case of reading a few recent threads that have already worked on their WS.

mar_88

Coupon-mad said:

 I've read in the forum about these costs not having any legal basis to be claimed, however I do not know the reason or the document or documents that give precedence to that argument. 

That's worrying, with a hearing coming up, that you haven't re-read your defence to remind yourself of the arguments against the fake £60 or £70 DRA fee.  If you used the Template Defence, the rationale is in there (in great detail) and is not about ALL the costs.

Then move on to read recent good WS bundle examples from July.  It's also clubbed to death in those examples!  Simply a case of reading a few recent threads that have already worked on their WS.

There won't be a hearing coming up anyway it seems