Vehicle Control Services (VCS) EMA, ELMS Legal - Court

philuk2000

Thank you all for the advice.  I will be back in due time to update the thread.

philuk2000

I have the N244 form to request to amend my defence.

As my initial defence was short and lacking, please could you help in advising the defence I can use which includes the airport bylaws relating to being to registered keeper and any other details that can aid my defence.

There are three witnesses that I was not the driver of the car, or that I was even present in the car at the time, these are driver and 2 passengers.

I have some questions.

The fee to apply to request the court to amend is £108. 

Will I need a separate hearing for this to be heard or can it be on the date of the main hearing?

Will there be additional costs by the court for this other than the £108?

On the request to amend, is it best to strike out the whole of my original statement I posted previously and include a totally new one in red text?

Thank you in advance, I find this all very stressful.

Coupon-mad

This is just an application for permission to amend the defence.  You can say you have researched and realised it missed important pleadings such as the inadequate signage and the fact you were not the driver, which is a vital issue because the parking charge was not issued with keeper liability.  So a new defence is needed to clarify your response to what were cut & paste generic Particulars anyway.  

You tick 'without a hearing'.  Pay £108.

You don't attach a defence.  Not with the N244.  This is asking for permission to be allowed to amend the defence.

If a Judge agrees they then order your amended defence within 14 days or whatever.

philuk2000

Coupon-mad said:

This is just an application for permission to amend the defence.  You can say you have researched and realised it missed important pleadings such as the inadequate signage and the fact you were not the driver, which is a vital issue because the parking charge was not issued with keeper liability.  So a new defence is needed to clarify your response to what were cut & paste generic Particulars anyway.  

You tick 'without a hearing'.  Pay £108.

You don't attach a defence.  Not with the N244.  This is asking for permission to be allowed to amend the defence.

If a Judge agrees they then order your amended defence within 14 days or whatever.

Ok, the not attaching the defence is what is confusing me because from what I can find (and there seems to be little information available) I have seen that I need to amend the statement by striking out in black anything that is to be removed and in red put what is new.  Nothing I could find gives the actual steps involved for the application, i.e. apply, await decision, receive forms to submit, submit new defence, etc. only now what you have said. 

I don't want to pay £108 to find out I have done it wrong.

If they agree, am I then reissued with new forms, etc.?

Grizebeck

No your not. Your told to submit a new defence within x number of days

philuk2000

Grizebeck said:

No your not. Your told to submit a new defence within x number of days

"No you're not" refers to which part of what - the forms? and how is a new defence usually submitted?

philuk2000

I've received the following letter from VCS.



The question is whether my current defence would hold up and from what Grizebeck said it's not good. So as not to leave it to chance still need the new defence.  I'm prepared to pay the cost of that so VCS don't end up with a penny from me.

Do I get charged anything extra to submit a new defence if it is allowed?

VCS have not sent me their copy of the Directions Questionnaire yet.

Am I correct to assume that if I don't agree to this new offer to pay then that will be the next stage to pursue the case?

Snakes_Belly

Generally speaking VCS and Excel are easy to beat at court when forum members come early to the party.

I have not read your defence however I did notice that there is a video showing that the stopping was just turning round. Images and videos are quite powerful tools in the WS. You do need a very good WS if the defence is weak. 

The fact that they have made an offer suggests that they are not that confident.  If that video is good it may be enough. Can you post the video please?

That garage is a hot spot and you may find that there has been a mention of issues in the media.

philuk2000

Snakes_Belly said:

Generally speaking VCS and Excel are easy to beat at court when forum members come early to the party.

I have not read your defence however I did notice that there is a video showing that the stopping was just turning round. Images and videos are quite powerful tools in the WS. You do need a very good WS if the defence is weak. 

The fact that they have made an offer suggests that they are not that confident.  If that video is good it may be enough. Can you post the video please?

That garage is a hot spot and you may find that there has been a mention of issues in the media.

The video is not ours - it is just a video of a guy on a motorbike showing the hotspot and explaining the red route

https://youtu.be/_t_Hf6gX8xY?t=98

As @coupon_mad advised:
That's because VCS cannot hold registered keepers liable on Airport land

Coupon-mad

Indeed but your current defence sadly (wrongly) says you were driving.

Apply for permission to amend.  If it's refused you don't get the £108 back but I advised you what to put.  Can't guarantee a Judge will allow you to.