VCS Claimform - No Stopping PCN - Liverpool Airport

[pixelhouse]

Hey guys.

So it's been almost 2 weeks now, should I have heard anything back from them by now?

When do you think I should lodge my defence?

Thanks

[dx100uk]

by day 33

[ericsbrother]

you wont hear back because they know that to answer will doom their claim to failure at the outset.

 

What you do is include the failure to show any authority or cause of action via a response to this request as a reason for dismissing the claim as being without merit regardless of the rest of your defence.

 

This sometimes happens and sometimes they are instructed to supply the court with the details of what exactly makes then think they have a claim.

 

As you are obliged to send your defence to the climants as well as court

you dont want to send it too early or they will be getting busy on photoshop to create evidence that isnt there but fits in to have a pop at your defence.

 

usual type of thing is different signage that doesnt really exist and so on.

Edited February 15, 2018 by honeybee13
Paras

[pixelhouse]

Hi guys,

 

I filed my Acknowledgement of Service on 2nd Feb, 28 days from then is the Friday 2nd March .. a week away.

 

I want to get prepared to send my defence,

 

is there a template I need to follow as before with the CPR31.14?

 

If I have to send it to the claimant it'll be by post so should I post it around the 26/27 Feb?

 

Thanks for you help

[ericsbrother]

At this stage all you need is a couple of bullet points and then you can go into greater detail if need be when the time comes so somehting like

 

1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.

 

2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either an contractual charge or as a result of a breach of contract.

 

3 The claimant has not shown locus standi in this matter.

 

That covers about everything, with the last point we know they have a contract with the landowner but that isnt worth a light as the byelaws are supreme

[dx100uk]

your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?

[pixelhouse]

your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?

 

Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

[disgruntled2007]

Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

 

Who did you email and where does the 1 Feb come from?

[AndyOrch]

The claim was issued 22 JAN 2018...you have 33 days in total ...22nd Jan being day 1...you must submit your defence today the last day by 4.00pm.

 

 

Andy

[pixelhouse]

That was the response from [email protected] Disgruntled2007

 

Thanks Andy, I'll make sure it's submitted today.

[dx100uk]

And they are correct the claim is deemed served after 5 days

5+28 is?

[pixelhouse]

Hey guys, so I've just received a Notice of Proposed Allocation to the Small Claims Track.

Do you think I should agree to this process or reject it?

I don't see any harm in it but I'm no expert, I'm not sure how mediation would be of any use though .. confused

[dx100uk]

in PPC Cases you refuse mediation

 

no to mediation

1 wit you

the rest is obv

 

3 copies

I to the court

1 to VCS [omit sig/email/phone]

1 for your file

[pixelhouse]

I've been away for a week and come back to a Notice of Transfer from the court and the Directions Questionnaire from VCS.

 

Doesn't look like they're giving up .. how is this likely to go from here?

transferProceedings.pdf

directionsQuestionnaire-1.pdf

[DragonFly1967]

Looks like they're desperate to lose some money. They clearly have too much of it and it's clogging up their bank account

 

Don't forget though that VCS can pull out right up until the court door. So perhaps might think better of it once they have sight of your WS (not yet).

 

Have you submitted your DQ?

[pixelhouse]

OK great, thanks for the reply.

I sent my DQ in around 3 weeks ago

[ericsbrother]

You dont have to tick the box for mediation, I suspect that they are hoping you agree and then furhter agree to pay them something , anything so they limits their losses on this.

 

Theywill have to travel to your local court so even ticking the box and asking for it to be heard at Sheffield is just a wish on their part rather than a likely expectation.

 

They will also have to pay the allocation fee ( companies issuing loads of claims via the bulk centre at Northampton only pay £25 up front and the rest when it gets this far) so keep an eye on the calendar

 

the day after they are oblided to stump up the money you get onto court by fax and ask that the claim is booted out for the non payment of the fee.

 

The court people will probably remind VCS it is due and give them another week or so even though as serial offenders they dont deserve this leeway but it will let them know that you are after them now.

Edited March 19, 2018 by honeybee13
Paras

[dx100uk]

hidden attachments you must remove ref numbers.

[ericsbrother]

and your name left on the VCS letter

[pixelhouse]

Hopefully this new version is OK

 

When should I be submitting my Witness Statement?

Do you know if I will get a letter asking for it?

 

Thanks

directionsQuestionnaire-1.pdf

[DragonFly1967]

Looks like they want to lose some more money then. The bank account must be full and they're trying to make room

[dx100uk]

have you a hearing date yet?

[pixelhouse]

Last contact I had from MCOL was on the 10/03/18 saying that it had been transferred to the County Court Hearing Centre for allocation.

They want it in Sheffield and obviously I've asked for it my local town.

[DragonFly1967]

It'll be your local court not theirs. I'd almost guarantee that

[ericsbrother]

the default is always YOUR local court unless you want it elsewhere for a sensible reason such as near to work or disabled access.

 

A company will almost never get the hearing moved for any reason even though these bandits try and try again.

 

It is just another method of trying to intimidate you rather than a need on their part, they always sned a hired gun anyway