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Thank you all for your replies. I can see that if we were to take this further we would need to use a solicitor and therefore we are looking in to this idea. I doubt there is a 'no win no fee' option but it's worth investigating either way. Can someone tell me what the 2 line defence is please? I still haven't found it on this forum. Thanks in advance.
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I rang the council about the VCS signs and whether they have permission to put the signs up. Although the planning dept is closed over Christmas nobody could confirm whether they would need planning permission for signs on private land. I'll have to ring back next week.I think it will be worth a phone call for future reference in any case. I also managed to get through to the Hull County court who confirmed that the date had been vacated and the case has been discontinued. They are confirming this in writing today so we should get the letter sometime next week. We were advised on this forum to proceed with our defence and WS until such time as the court confirmed the discontinuance. Our remaining option is to threaten them with court as advised earlier by lookinforinfo, so I would appreciate any further comments on this option.
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I have searched this forum for "2 line defence", "two line defence" and a few other variations. There are a lot of mentions of the 2 line defence but I only found one possible answer to the mytsery of the 2 line defence as follows:- "no contract was offered by VCS by way of signage where you parked so there cannot be a breach to cause a claim to be made" Could somebody confirm for future users of this forum that this is in fact the 2 line defence that people are talking about on this fourm? Thanks in advance.
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This has been discontinued dx. We're submitting the defence in case the court hasn't been informed of the discontinuance.
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Ok, I hope this witness statement isn't to brief:- : I, xxxxxx of xxxxxxxxxxxxxxxxxxxxxxxxxxxxx, being the Defendant in this case will state as follows; . I make this Witness Statement in support of my defence in this claim which is due to be heard on 12 February 2018 at Hull County Court. 2. The matters set out below are within my own knowledge, except where I indicate to the contrary. 3. I believe that the claimant has not created a valid contract and therefore there is no case to answer. I believe that the facts stated in this witness statement are true. Signed………………………………… Dated…………………………………..
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Yes, sorry dx, the wording from the court is as follows:- "Defendant to file and serve defence by 5th January 2018." "Each party must deliver to the other party and to the court office both the statements of all witnesses whom the party intends to call to give evidence (including their own evidence) and copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing. The original documents must be brought to the hearing."
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Here's our first draft of the WS. I hope we're getting this right:- Witness Statement – Name – Case number 1 There is no locus standi due to no contract with landowner that assigns any rights to enter into contracts and make civil claims in their own name 2 There is no cause for action against defendant as there is no keeper liability. The driver of the vehicle must be identified. POFA Sect 5,6,7,8,9. Therefore VCS haven’t legally issued an invoice and therefore not created a keeper liability either. 3 No contract formed by signage so no breach of contract can occur. POFA requires that a complete address be visible on the signs, not just a PO box. Also there is no creditor listed on the signs and therefore no contract according to the POFA. There is no planning permission for the signage which is contrary to planning regulations, and therefore the signs are illegal. The whole contract can be rejected under S 62 of the Consumer Contracts Regulations. 4. The £54 fee added for ‘contractual costs’ is not allowable and therefore the whole claim fails. We'll have to post this today or tomorrow probably so I'm hoping you guys can help again. Thank you Old Cogger, here is the amended link:- http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html
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Wow, thank you for your very details reply lookingforinfo. I haven't yet checked to see if their signs have planning permission but I will do that. I think the idea of threatening them with court is a very good idea and I will look into this further.
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Thank you both for your replies. I wasn't expecting to get our £255 back based on your earlier responses but it was a good idea to ask. I will prepare the WS anyway in case VCS haven't told the court.
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Yes that's correct dx, but there has been another development. My partner has received an email from VCS with a Notice Of Discontinuance. Can we now recover the costs of the Set Aside or any other costs?
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We received two forms from the Hull County Court today, a Certificate of Satisfaction or Cancellation of Judgement Debt and a Notice of Allocation to the Small Claims Track (Hearing). The Small Claims Track notification confirms the set aside and the defendant is to file and serve defence by 5th January 2018. It also states:- "Unless the claimant does by 4pm on the 8 January 2018 pay to the court the trial fee of £25 or file a properly completed application (ie one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 8 January 2018 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred." The hearing of the claim will take place on the 12 February 2018. Our property purchase didn't complete today (again), so I now have some time to prepare the WS.
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I will post the WS as soon as I can. As I said, we're waiting for the sale completion this Friday, so I have to concentrate on that at the moment. We still have one outstanding issue which could stop the sale.
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Thank you for your help again EB. The mortgage work has been running concurrently with the work I have had to do for the parking CCJ since January 2017. The mortgage work started in January 2016. Since January 2017 , when I first asked for help here we have had 3 different brokers send mortgage applications in for us. The first did no work at all and the second sent our application to Together. Eventually, after initially being told that the application would go through without any hitches, they gave up trying after 5 months, because they had 'spent too much time on it already'. They also told us that we couldn't afford it. The third broker applied to the same lender (Together) and we got a mortgage offer just in time to be able to buy the property. The offer was due to expire last Friday but our solicitor needed more time to complete so we are now hoping to complete this Friday. We have already had 2 last minute problems, one of which we have finally resolved and the other may be resolved today hopefully This is not an excuse for not being able to read hundreds of threads, it is just a fact. This means I don't have much time to complete the WS before Christmas as I am still trying to get everything ready for the completion. I will complete the WS though, thanks to all the help I have received here.
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I managed to get someone to answer the phone at Hull County Court after a few attempts and they told me that the computer records hadn't been updated since 17 November 2017 (before our set aside was granted on 5 December 2017). Eventually they rang me back to say that our full defence needs to be sent to BW Legal and the Hull County Court by the 5 January 2018. I told her that we had sent the CPR in as well. So we need the full defence sorting out next. Believe it or not we are still trying to sort out the mortgage which is still taking up a lot of our time after 2 years of filling forms in, so don't be surprised if we can't get the things done that are needed here, quick enough.
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Ok, thank you eb. So we now need to create a draft defence or should that be a witness statement? Both need to go to BW Legal and Hull County Court.
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