VCS Fluttering Ticket / Valid Permit - We won...

Coupon-mad

I don't see that the narrative paragraph starting 'As no penalty charge...' (just above para 4) adds anything, so I'd remove that.

Not_A_Hope

Perhaps you could amend and add Coupon-made paragraph about legitimate interest instead above para 4.

There's no overriding legitimate interest in charging or pursuing you because VCS knew there was a valid permit visible on the day, and knew from your appeal that the PCN was unjustified and should have been cancelled.

Lagroid

Not_A_Hope said:

Perhaps you could amend and add Coupon-made paragraph about legitimate interest instead above para 4.

There's no overriding legitimate interest in charging or pursuing you because VCS knew there was a valid permit visible on the day, and knew from your appeal that the PCN was unjustified and should have been cancelled.

Making those amendments. Thanks both

Lagroid

Not_A_Hope said:

Perhaps you could amend and add Coupon-made paragraph about legitimate interest instead above para 4.

There's no overriding legitimate interest in charging or pursuing you because VCS knew there was a valid permit visible on the day, and knew from your appeal that the PCN was unjustified and should have been cancelled.

I removed the paragraph above point 4 and replaced with your suggestion. What do you think of the following:

"The Claimant had knowledge of a valid permit displayed on the day in question and was also aware of your appeal which clearly demonstrated the unjustified nature of the PCN. As a result, there is no justifiable reason to charge or pursue you further, as there is no overriding legitimate interest in doing so."

Finally, I have submitted my AoS today. I will submit my defence during working hours to CCBCAQ@Justice.gov.uk, as per the advice in the Newbies thread. Any final recommendations on my defence from the community are welcomed. If I haven't heard anything by Tuesday I will assume all is good and submit.

All the best,

Fruitcake

"your appeal"?

Don't you mean, the defendant's appeal?

Lagroid

Fruitcake said:

"your appeal"?

Don't you mean, the defendant's appeal?

Good spot! Thank you

KeithP

Fruitcake said:

"your appeal"?

Don't you mean, the defendant's appeal?

And in the same paragraph, "pursue you further" needs similar adjustment.    

Lagroid

Thanks both, amended:

"The Claimant had knowledge of a valid permit displayed on the day in question and was also aware of the Defendant’s appeal which clearly demonstrated the unjustified nature of the PCN. As a result, there is no justifiable reason to charge or pursue the Defendant further, as there is no overriding legitimate interest in doing so."

Coupon-mad

How about changing:

"As a result, there is no justifiable reason to charge or pursue the Defendant further, as there is no overriding legitimate interest in doing so."

to

As a result, there is no justifiable reason to charge or pursue the Defendant.  The permit evidence and the early contact made by the Defendant from the outset demonstrates that this Claimant has - and had - a complete lack of the required (according to the Supreme Court) overriding legitimate interest.

Lagroid

Coupon-mad said:

How about changing:

"As a result, there is no justifiable reason to charge or pursue the Defendant further, as there is no overriding legitimate interest in doing so."

to

As a result, there is no justifiable reason to charge or pursue the Defendant.  The permit evidence and the early contact made by the Defendant from the outset demonstrates that this Claimant has - and had - a complete lack of the required (according to the Supreme Court) overriding legitimate interest.

Brilliant, love it