VCS PCN August 2014 - now bw legal letter st Andrews Retail park in Hull.

[dx100uk]

Who is the claimant (its not you!)

 

Done AOS yet?

[dx100uk]

[Your address]

.

[Their address]

.

[Date]

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Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

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CPR 31.14 Request

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On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

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I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

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Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

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1. proof of assignment from the landlord to create contracts and make claims in their own name.

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2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

 

 

3. the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

 

4.copies of

 

 

a.the notice to driver,

 

b.notice to keeper and any other correspondence from VCS or Gladstones to the defendant.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

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Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

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Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

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Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

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In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

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If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

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Yours faithfully

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TYPE YOUR NAME DO NOT SIGN IT

[divadeb]

The fine is for my son and what's an AOS please, thanks. The defence has been sent off aswel.

[dx100uk]

Sorry where does any of the paperwork say fine please?

The claimant is not your son

He is the defendant

Who is the named claimant on the claim form?

 

You say you have already sent defence??

 

Aos is acknowledgement of service

[divadeb]

Sorry for late reply but been away.

The claimant is Vehicle Control services limited.

Sent defence and AOS.

Thanks.

[divadeb]

ericsbrother who is Gladstones please? Thanks.

[dx100uk]

gladdys are solicitor s

 

 

you say you sent defence

what did you file?

[divadeb]

I was told to file this ......... no contractual obligation ever created between defendant and plaintiff"

What do I need to send to Gladstones, what have they got to do with this claim.

[dx100uk]

so you did that online at MCOL yes?

 

 

did you send the CPR 31:14?

[divadeb]

No I filled in the form that was in the letter from Northampton court,

 

 

I sent the defence and the AOS by recorded delivery.

 

No I haven't sent CPR 31:14 yet as I've been away, who does this get sent to please.

[dx100uk]

BW

[divadeb]

Ok I will send the CPR tomorrow to BW legal.

Thanks.

[divadeb]

Just received a letter from HM Courts and Tribunals Service

 

Vehicle Control Services Limited V ###########

It's an acknowledgement of my sons defence. A copy is being served on the claimant.

Do we need to do anything ?

[dx100uk]

good

so what defence did you file please?

[divadeb]

Do you mean the claim form I sent back the court.........in the defence box I put " No contractual obligation ever created between defendant and plaintiff"

I haven't done anything else, apart from AOS and CPR sent.

[dx100uk]

could have done all that online at the MCOL website.

no need to use the written form at all.

 

so in your defence you didn't put them to strict proof by CPR to prove the above...

 

waiting game now.

 

next move is the claimants.

 

you'll prob get some kind of begging letter wanting to have a paper only hearing

you refuse that.

 

dx

[divadeb]

My son has received a letter today from bw legal, it says.....

 

Our client intends to continue with the claim.

 

We have filed notice of our clients intention to proceed with the court.

 

What's my sons next steps please???

 

Thanks.

[dx100uk]

nothing

probably willy waving to unsettle him

 

you await notification from THE COURT

that it IS proceeding to allocation.

 

and ofcourse they've not responded to your CPR

so dunno what documents they intend to rely upon then..

[ericsbrother]

they are telling you what you already know in the hope that you are persuaded to now cave in and pay them.

 

 

They may tell you that they have a big dog who bites next.

[divadeb]

I will tell my son to sit tight and see what happens. Thanks everyone

[divadeb]

Hi, my son has received a letter this morning from the County Court Buisness Centre.

It is a Notice of Proposed Allocation to the Small Claims Track. Attached to the letter is form N180.

All help would be grateful, thanks.

[ericsbrother]

then dont accept mediation

Enter any dates you know that cannot attend.

It is very straightforward.

 

The local court will automatically be chosen unless you say that you want another one such as the one closest to work or for disability access reasons.

 

that is always another plus,

 

these bandits dont like to travel so just hire a local solicitor who generally has no axe to grind and little time to prepare

[dx100uk]

No to mediation

Rest is obv

[divadeb]

Son had received a letter from bw legal today. It's a Directions questionaire( small claims track ) and one has been sent to the court. It looks very similar to to the last form we just sent back.

 

I've just read the letter and it looks like a copy that bw legal have filed at the court, they have answered the same questions as my son had to. They have ticked the box that agrees to mediation.

[ericsbrother]

they are hoping that he agrees to pay the something - they are desparate to avoid losing the lot and making idiots of themselves and more importantly, making their clients angry for believeing their hype