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  1. Hey everyone, so just an update from court the other day! We won, claim was dismissed by the judge! Notes I took from the hearing: Mr Shar? was representing VCS Judge started out straight away questioning VCS locus standi with regards to the excel contract. Shar had no idea about the excel contract, which was in their WS haha. Shar asked to call office to get new contract, judge said no. Judge interrogated VCS on their confusing signs with excel and VCS. Shar said that he couldn't see any signs with both VCS and Excel, until the judge got angry and showed him the photos of the signs. Judge was confused with how VCS had decided I was the driver when I told them I wasn't. Judge and Shar argued for a while about using POFA (Shar said he wasn’t relying on POFA but then kept relying on it when explaining why they want me to pay). Judge was very angry with him, and kept telling him that he is wrong. Judge states that I was bailee not agent of driver (Broadly, the transfer of possession (and not ownership) of goods by the owner (the bailor) to another person (the bailee) so that they might be used for a specified purpose on condition that they are returned to, or in accordance with the instructions of, the bailor, or kept until he reclaims them.) Problems Judge has with case - Shar’s response - Judge’s verdict: How claimant has locus standi when contract is with Exel - We can adjourn and find contract - Rejected as he’s had plenty time already Inconsistency with contracting party - Cannot answer, doesn’t know - No certainty, failed to prove either side of contract Not complied with POFA, how can you impose liability on keeper - She is driver presumed, if not driver then I must have given permission so law of agency applies - Must conform with POFA and have not, rejected. The judge denied my 27.14G, as he said I couldn't prove that the claimant was acting unreasonably?? I thought this was really unfair as I have spent quite a lot of money on copying, postage, and hours of my time preparing this defence. The Judge was absolutely furious with the Claimant, and their behaviour, so I'm not sure how he then could say that they were acting reasonably? What do you guys think? Is this worth a follow up for breach of GDPR? I feel like I have a valid case, but obviously I'm not very well versed in law. Most importantly, thank you so much to everyone of you who helped me with this case, I really really appreciate it, this has been an incredibly difficult time in my life with this impending decision, and you got me through it!
  2. I think I already added something along those lines in paragraph 6? Do you think I should change the wording? Cheers
  3. Hi thanks again for the revisions! I have the second draft here, hopefully all looks good to send but if there's anything I need to change let me know! I've just added the new paragraph 6, and added another paragraph at the end. My Supp WS (1) redacted.pdf
  4. Thank you so much for the helpful suggestions! I have drafted a SWS and attached here, let me know what you think My Supp WS Redacted.pdf
  5. Ok so i've received a Witness statement via email from them. It is dated the 30th November, so I have no idea why this hadn't been sent to me sooner? Please find attached, it seems they are arguing that I am responsible for the actions of all of the named drivers of my vehicle. That doesn't seem right at all? and also, how am i to know who was driving? Let me know what you think. This is what they replied to my email: "Dear Sirs, We utilised this email address for serving our supplemental witness statement as this was the email address pleaded in your Defence and Counterclaim Form. If you did not wish to be served with any paperwork in relation to the matter at this email address, then you should not have pleaded this email address in the Defence Form. We note from your email below that you then go on to request us to re-send you our witness statement and evidence to the same email address. Please find attached our bundle and supplemental witness statement. Please kindly confirm receipt of the above documents. Kind regards. Ambreen " VCS WS Redacted 2-compressed.pdf
  6. I'm really sorry everyone, I'm still away on holiday so have very limited wifi access! I've drafted an email response to VCS, what do you think? "Dear Ambreen, Just to let you know that this email should never have been used, and should not continue to be used to contact me. I have never received a witness statement from you. I did in fact receive a letter from you on the 30th November, which simply was asking for us to pay a reduced settlement fee, with no mention of a witness statement anywhere? As you are now well past the court's deadline of the 7th January 4pm to deliver documents you intend to rely on in court, I still have no idea what I am defending myself for. Can you please send me your original witness statement immediately via email, and also via post as required by the court. I need this immediately so that I can prepare myself a fair defence, so please send via email given these special late circumstances. After that, please discontinue using this email for court matters, as I have never given permission to be delivered documents here. As for the CPR request, I have proof of postage to VCS's given address for official documents. Regards," I will send as soon as I get confirmation from you, and will let you know when they reply. I have access to better internet today.
  7. Sorry I didn't do that, I'm a complete newbie with all of this! Should I respond saying that I cannot be contacted by this email? am I not right in thinking that they have to send official documents via post? just like I had to do? Either way, I haven't received any WS from them via email either.
  8. Hi everyone, had an interesting email from VCS yesterday, with a supplemental WS (please find attached) which claims they sent their original witness statement on the 30th Nov. I have not received a WS from them at all. I did receive a letter from them on the 30th November (also attached), which makes no mention of a WS. They are also claiming they never received my CPR request, but I have a certificate of proof of posting to their address. What should I do now? Do I respond and ask for their original WS? Or not respond until they contact me via post as required? Thank you so much! Supp WS.pdf letter 30 nov.pdf
  9. I still haven't received VCS's witness statement, a day late now. Do you think that will negatively impact their case? I have spent considerable time and money fighting this so far, so have prepared a schedule of costs for all the expenses i have had. is it better for me to ask to go into court to settle? Obviously i don't really want to go into court if i end up losing, but i feel like as they have not met the court's rules regarding witness statements, that they now don't stand a chance? Not entirely sure what to do, so any advice is really helpful Thank you so much
  10. Hi sorry my partner expained the letter to me incorrectly. I have to give my details to the court within 48 hours, and then i have to let the court know if i'm not happy with remote proceedings at least 2 working days before the hearing date (14th February). Do you still need me to upload the full letter details? I'm away from home for the next 4 days so don't have access to a scanner!
  11. i posted my witness statement off 1st class signed for yesterday, so should arrive with no time for VCS to see it before they post theirs. Still no sign of anything from VCS yet, but I had a letter from the court today asking if I was happy to do proceedings over the phone, instead of in person? What do you guys think? I have to email them within 48 hours to let them know either way Thanks!
  12. needs to be delivered by the 7th January, so thinking of posting it second class signed for, on the 4th Jan.
  13. Hi FTMDave, Thank you so much for looking at it for me! I did indeed receive both of those letters, and I will include them in the appendix of the WS. I have tweeked my WS and added another section as you suggested, please find attached. I have not yet received anything from VCS. Kind regards Copy of WITNESS STATEMENT redacted (1).pdf
  14. Hi everyone, I have had a busy christmas but have just managed to draft up my witness statement! I need to deliver it by the 7th January so I don't have too much time, but if anyone is free could you have a look at it, and let me know if im on the right track? I just need to include all of the appendix documents but everything else is finished. Please find attached. Kind regards Copy of WITNESS STATEMENT redacted.pdf
  15. Hi again everyone, I have now received another letter from the court which is a notice of allocation to the small claims track (hearing). Please find the copy attached with personal information redacted. It is asking for me to submit any documents on which I intend to rely on in court, which documents should I send? Or is it likely that VCS will not continue with the claim? Kind regards, and thank you very much in advance! Court Notice of allocation.pdf
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