as for their WS being a pack of lies.
i would advice against saying they are lying, just say it is factually incorrect as you cant prove intent despite the fact that they peddle the same lies in every claim they make so they know it isnt true.
judges in small claims courts have a lot of powers to maange their work and dispose of things hwo they see fit so by all menas ask for their WS to be chucked out if the person writing it doesnt attend but dont be surprised if it isnt, the judge wont want a rerun because VCS have appealed that they werent given a fair crack of the whip so it may be allowed to test the arguments (and then torm to shreds by the judges commentary if you are lucky) and see how you perform.
what they dotn want is for a decent claim to be beaten by a crappy defence on just a technicality which wouldnt exist of the matter had been dealt with "on the papers".
We advise against having a paper hearing because their lies dont get tested so dont be upset if you ahve to address things even in the absence of anyone from the other side ( I have had that, having to sell my side without anyone from CEL being present just to make sure justice was done- the judge explained a little about the law around some of the points I had made and told me what else I could have raised before he dismissed the claim on a number of points)
Thanks I'll add that. If you get a chance can you go point 2 and give me a hand with the POFA stuff. I've read up on it but I'm struggling to understand. I'm not sure how to make my point. To my mind I was never explicitly asked to name the driver and never declined to name them.
as they work for VCS then yes, ANY employee would be in the same position. If they workd for a firm of solicitors then they would have to have some involvement in the case before they are allowed to sign things off and attend.
A paralegal working for a solicitor for hire who pitched up on the day would have no right of audience.
just an update, I received a letter from Equifinance, all they have sent is an arrears statement from November2019 - Feb2020
No sign of the returned SAR and no acknowledgement of it.
They have until 5th March.
I haven’t had any contact with them since the payment of £3000, so I don’t know why they have sent an arrears statement.
not th end of the world if you cant, asking the question and showing they dont know the answer should be enough as long as you can demonstrate what the correct spec is.
as said the law doesnt actually apply to private land but as in all matters here judges have decided that some sort of uniformity must apply otherwise the parking co's will paint their boxes too small on purpose just to get the money. It also shows the limits of their powers because in reality they have no say on what paint jobs the landlord puts down so it brings into question what exactly do they ahve the powers to do and that goes back to their contract with the landowner.
this allows you to bring this up when teh judge may have just waved it through as being legit if there wasnt somehting else.
reminds me, I would state that they ahve failed to produce the necessary authority by way of a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name. make this point 4
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