Update Judgement - Both struck out (29th Feb) - Victoria Quays - Sheffield, S2 5SY

Anto_28

Coupon-mad said:

Yes - this final stage isn't harassment.  Adds nothing to your proposed claim.

Spoke to David who took my Particulars and amended them. I have now filed my claim against VCS.

I've left out the harassment bit, I assumed as Ferguson vs VCS where the judge used the Protection from Harassment Act that the same applied here as Ferguson was chased by VCS when he was clearly the wrong person to be chased as he was from Portsmouth and the offence took place here in Sheffield.

Anto_28

@KeithP / @Coupon-mad

The claim has changed from requested to Issued today.

Is the claim form deemed "serviced" on Tuesday (5th day inc today) or Wednesday (5th day not inc today), just so I know when I can send my particulars and on what day if no response I could apply for default judgement

7C - 5.7 is a bit confusing

5.7 The claim form will be deemed to be served on the fifth day after the claim was issued irrespective of whether that day is a business day or not. ‘Business day’ has the same meaning as in rule 6.2(b).

Grizebeck

Send your POC Monday by 1st class post and ensure the claim number is on it.

Anto_28

Grizebeck said:

Send your POC Monday by 1st class post and ensure the claim number is on it.

Thank you

Got the POC printed, claim number on, ready to post. I mentioned to David that I live 2 min away from their office so could drop them in and he said don't do that, they could lie and say I never handed them in! Said 1st class post with proof of send.

Anto_28

Update:

Vehicle Control Services Limited filed an acknowledgment of service on 10/11/2023 at 12:05:18

balls, was looking forward to requesting default judgement early next week 😂 Guess i'll just have to wait a further 14 days

Anto_28

Time is up.

CPR 15 says

Service of copy of defence
15.6.  A copy of the defence must be served on every other party.

I've not received a copy of the defence.

The latest thing I see in MCOL is this:

Vehicle Control Services Limited filed an acknowledgment of service on 10/11/2023 at 12:05:18
A bar was put in place for Vehicle Control Services Limited on 24/11/2023

Can I request judgement already? as I was expecting to receive something from VCS already

Anto_28

Just phoned the courts for an update as I had not received anything from VCS or the courts since the AOS confirmation.

Turns our VCS have filed a defence and counter claim, so i'm expecting that through the post shortly. Hopefully the judge sides with me on this ridiculous "penalty"! 

JerryJ64

What are they counterclaiming?

Anto_28

JerryJ64 said:

What are they counterclaiming?

I'll find out when the docs arrive I guess, but i'm going to put my neck out and say a claim for the £170 original PCN, the one I allege was illegally issued.

They already broke CPR 15.6 by not copying me into the defence

Service of copy of defence

15.6.  A copy of the defence must be served on every other party.

Coupon-mad

No they didn't because the CNBC serves the defence and CC to you, the Claimant.