VCS Missing Reg PCN, IAS Appeal and Court Claim

Trainerman

I have followed this with interest, and really enjoyed the way @blueskyrich has stuck it to them. We all have it on good authority that "they don't like it up them" !

I have been having sport with the DCB mob (though it has gone quiet because there have been delays caused by other Courts), so really understand the fun and retribution to be had.

So keep up the good work. Rooting for you !

Umkomaas

@blueskyrich - it may be helpful if the title of your thread is changed to reflect where the case now is. The debate about the pros/cons of the IAS has long gone. Regulars might glance over it based on its current title perhaps thinking this is just a 'rinse and repeat' of nugatory discussions that we've had over many years. Just a polite suggestion. 

blueskyrich

Thanks Umkomaas - yep, dated 5th March 2024 and received today in the post (8th).  Have already followed the guidance and electronically completed the Acknowledgement of Service.

Haven't got the exact details to hand, but by my fag packet maths, I've now got 28 days plus 5 to submit my defence which worse case gets me to 9th April.

Regarding my counter-claim, I'm going to have a little think about that.  Whilst these scumbags think £35 is worth a punt to file the initial claim, I'm not sure £35 to file a counter claim is worth it for the potential return, especially as I wouldn't get my fee back in the event that the claimant decides to withdraw from the process at any point.

KeithP

With a Claim Issue Date of 5th March, and having filed an Acknowledgment of Service on 8th March, you have until 4pm on Friday 5th April 2024 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Castle

blueskyrich said:

Thanks Umkomaas - yep, dated 5th March 2024 and received today in the post (8th).  Have already followed the guidance and electronically completed the Acknowledgement of Service.

Haven't got the exact details to hand, but by my fag packet maths, I've now got 28 days plus 5 to submit my defence which worse case gets me to 9th April.

Regarding my counter-claim, I'm going to have a little think about that.  Whilst these scumbags think £35 is worth a punt to file the initial claim, I'm not sure £35 to file a counter claim is worth it for the potential return, especially as I wouldn't get my fee back in the event that the claimant decides to withdraw from the process at any point.

Not quite, it's 28 days from the date of the AOS, which now makes it 5th April. If you had completed the AOS after 4.00pm today then your submission date would have been 8th April. 

Your counter claim would continue if they withdraw, providing the hearing fee is paid.

Umkomaas

Thanks for new thread title. Brings this right up to date. 👍

Le_Kirk

If you decide not to counterclaim you can still ask for costs, providing you win and the claimant does not discontinue before the hearing.

Coupon-mad

This. You don't counterclaim for costs anyway.

blueskyrich

Thank you all for your continued support and encouragement, it is very much appreciated.  Just to say I am working on the defence and am not leaving it until the last minute!

I can't find a straight forward answer to this so I'd appreciate any signposting to previous examples.  The Claim Form document, under the Particulars of Claim section, makes the statement "The Defendant's Vehicle, XXXX XXX".  This isn't true - the car is my wife's and is technically nothing to do with me.  Is this something that should be mentioned in my defence as surely any document filed with The Court by a Claimant should be factually correct to remain valid?

Thanks,
Rich

Le_Kirk

Who is the registered keeper and to whom is the claim (and original PCNs etc) addressed. Ownership is not relevant