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salackdad

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  1. I received the Notice Of Discontinuance this morning from E Shoreman-Lawson for Elms Legal, on behalf of VCS. Thanks again for all assistance and encouragement. There is no doubt that this site is providing a service to the underdog and I will certainly be making a donation. I will also upload anything from my exhibits that may be useful for others, in particular the DVLA audit of compliance in which VCS do not fare well. Although yesterday was a bit of an anti climax, today I am taking comfort from the fact that at least this case has cost VCS money.
  2. Thank you all for comments and assistance. I will update if and when I receive notification. I will definitely be writing to my MP about this as, quite frankly, it is difficult to feel chuffed when this shower are allowed to put people into a position where they have no choice but to defend themselves regardless of the effort required, not to mention the worry. As I said at the end of my WS it is a terrific business model they have, albeit dodgy, where the majority of victims give in at the sight of red writing and the mention of CCJ's and the handful that fight back maybe cost them a couple of hundred quid each.
  3. I phoned the court today and was told that no WS from Claimant received but a note requesting that hearing be discontinued. Very nice lady did say that I should wait for confirmation from the court. If it is discontinued does that mean I will be unable to claim for the ridiculous amount of time I have put into this claim?
  4. Thanks, will register today. I am increasingly concerned about not receiving their WS as obviously time is running out to challenge it's contents. Will keep you updated.
  5. Afternoon all. Just an update, although Elms legal now have my WS I have still not received theirs and the hearing is on Monday 26th October, one week and one day away. Also, the Claim is to be heard via BTMeetMe. Will the court phone me at the alloted time or will they send instructions and number prior?
  6. Elms completed Directions Questionnaire with their Nottingham address for service. I haven't heard anything from them directly since Directions. Having a nightmare today paginating exhibit bundle, I had no idea it would take this long.
  7. Thank you lookinforinfo. I have still not received WS from VCS, service date was yesterday. I have noted this at the end of my WS which I guess, even as a litigant in person I should deposit with the court today and email a copy to ELMS legal (for VCS) today shouldn't I? Thanks for all help.
  8. Oh dear, despite almost everyone quoting VCS v Davies, case No. FTQZ4W28, I cannot find the judgement anywhere. Surely people can't continue to quote it without the judgement? If I cannot locate either this or Loake should I just leave them in the WS but not add exhibit numbers? I am continuing to search for both. Also I've added the following section in DOUBLE RECOVERY "38. Since the incident the defendant has received numerous communications from the Claimant and their representative with inflated figures quoted, as high as £272 in the Letter Before Claim from their representative Elms legal(EXHIBIT). As can be seen on the original NTK, the reminder(exhibit XX) and the final demand from the claimant (exhibit) the emphasis has always been on a threatening tone and references to the damaging effect of CCJ's on the defendants credit rating, current employment and future employment prospects and even raising the prospect of the placement of a restriction or charge on his property. The Claimant contends that such tactics are purely, albeit cleverly, designed to intimidate, distress and confuse the defendant in the hope that he might be cajoled into capitulation at the sign of red print and threats. POFA Schedule 4 Para 4 (5) (exhibit XX) expressly entitles a private parking company to claim only the amount specified in the Notice to Keeper, irrespective of the terms and conditions on the signage, when claiming from the Defendant as the Keeper of the vehicle and not the driver, since an absentee keeper could not be a party to any contract. The Defendant suggests that the vast majority of falsely issued NTK/NTDs are eventually paid before action by drivers and keepers who cave in to these threats. This then creates a tidy profit for the Claimant for the cost of a few letters. A profitable but dubious business model for sure business for sure....if only it were legal." I am wondering if the last 3 sentences are a bit strong, although truthful, but would be grateful for any comments. BTW by my calculation Claimants WS should have been with me today but still nothing received.
  9. Can anyone point me to a copy of Elliott v. Loake please? I am under the impression it is for the claimant to prove who the driver was but can the judge do their work for them and just ask the defendant, who is under oath, who was driving? I appreciate that E v L was a criminal case but just wondered about civil.
  10. Thanks again Dave, Brassnecked. Point noted about repeating in 31,32 but be fair....that section is about double recovery (will correct it) Other items adjusted as recommended. For clarity, PCN arrived 04/01/20 day 16 after incident. The issue date,16/12/20 referred to much earlier in the thread is the issue date of my Claim Form N1SDT POC. PCN arrived day 16 after incident. Car issues only started that week. Spare battery was lent by mechanic after I got him out of bed early morning to get me going again. Thought of keeping it brief but imagined I would be asked why I happened to have a spare fully charged battery in the boot. E Shoreman-Lawson for Elms signed their POC. Last communication from Elms was March 2021 "without prejudice save as to costs" letter telling me that cost of the claim had now increased to £235, but to me for cash call it £135 and we'll say no more about it. I didn't honour it with a reply. Not the highest amount as I had an earlier LBC from them in October last year telling me the estimated total was £272. principal debt £160 interest £ 12 court/hearing fees £50 solicitors costs £50 Thanks also for info on timings, slightly more breathing space.
  11. Wow, thank you all so much, especially Dave. Had to go out for family function this evening so was desperate to get something posted up before that. Will definitely take points on board and finish it first thing tomorrow. Night all.
  12. Good evening all. I have attached a PDF of my first draught of my witness statement and would be grateful if anyone could have a glance for glaring errors. Thank you in advance. My Witness Statement Sent for Review.pdf
  13. Thank you lookinfor info. I seem to recall a figure of 750 pounds in relation to this but perhaps I am getting confused.
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