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County Court claim recveived for PCN issued nearly 4 years ago!

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  • #31
    Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
    The above should be inserted into whichever version is used....I'd suggest a new para #2

    There is no requirement, at the defence stage, to attach evidence...that can come later if necessary.

    If it were me I'd highlight the fact that the alleged contravention took place years ago & so the defendant is now at a significant disadvantage & unequal footing as regards defending the case. (Ie bringing 'laches' into the mix).
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #32
      Originally posted by charitynjw View Post

      The above should be inserted into whichever version is used....I'd suggest a new para #2

      There is no requirement, at the defence stage, to attach evidence...that can come later if necessary.

      If it were me I'd highlight the fact that the alleged contravention took place years ago & so the defendant is now at a significant disadvantage & unequal footing as regards defending the case. (Ie bringing 'laches' into the mix).
      Brilliant, thank you - I will add to this later today and post a final draft before I send it off - thank you again, that's really helpful

      Comment


      • #33
        Okay, so I've added in a few lines and reworded some of the points shown below attached as a word doc for easier reading! Could you please advise if anything else needs to be added or removed?
        Last edited by Mavs24; 25th July 2019, 08:08:AM.

        Comment


        • #34
          charitynjw I've sent my defence today. Just wanted to thank you for your help and advice. Will see what the future holds!! I've discovered VCS sent out a bulk load of letters before claim from 2015 on the same date, followed up by a bulk of court claims....you can probably imagine my thoughts on this...but won't type them out for obvious reasons!!

          Comment


          • #35
            Hi charitynjw , sorry to bother you again so soon!! But I've had a 'Notice of Proposed Allocation to the Small Claims Track' form from the court today. Just wondered if you have any advice at this time? Thanks in advance.

            Comment


            • #36
              Hi Mavs24 - I've just received a county court letter for the exact same car park for the amount of £276.14 from when I parked there on 18/05/16.
              I was just wondering how you're getting on with your defense against the claim and if you had any advice? Many thanks

              Comment


              • #37
                Originally posted by Mavs24 View Post
                Hi charitynjw , sorry to bother you again so soon!! But I've had a 'Notice of Proposed Allocation to the Small Claims Track' form from the court today. Just wondered if you have any advice at this time? Thanks in advance.
                Just complete the form and select the court closest to you. 1 witness, you. Mediation not really worth it but select yes as it looks good. Hint: you can download the form in PDF format and it permits you to fill in the fields before printing and signing, it looks better. Copy to the court and and the solicitor.

                Download the form from here

                Comment


                • #38
                  Originally posted by ostell View Post

                  Just complete the form and select the court closest to you. 1 witness, you. Mediation not really worth it but select yes as it looks good. Hint: you can download the form in PDF format and it permits you to fill in the fields before printing and signing, it looks better. Copy to the court and and the solicitor.

                  Download the form from here
                  Hi ostell , Thank you for your advise - I sent the forms back last week on Monday as it was due today (12th August), and pretty much did everything you said, except the downloading in PDF format etc. I did say Yes to mediation with the same mindset as you! No solicitor involved with this case....so just waiting to hear back now !!

                  Comment


                  • #39
                    Originally posted by Bruise180 View Post
                    Hi Mavs24 - I've just received a county court letter for the exact same car park for the amount of £276.14 from when I parked there on 18/05/16.
                    I was just wondering how you're getting on with your defense against the claim and if you had any advice? Many thanks
                    Hi Bruise180 - I requested the additional time to submit my defense as was travelling soon after I received the court claim so needed the 28 days, but made sure I got it in on time. All the advise I was given is in this thread, and since submitting my defense I've had a further form to fill in, so looks like I'll be going to court!! It seems to me that VCS have been going over their records and sending out court claims for historical PCNs in bulk all over the country from looking at other threads!!

                    Comment


                    • #40
                      Thanks for your response Mavs24 - I've basically done what you've done so far and have started on my defense.
                      You mention in your previous post that you spoke to someone at Evans and shared a copy of something that the guy from Evans shared with you but I'm unable to see what was shared - are you able to share this again with me please? Many thanks for your help

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                      • #41
                        Did you send a copy of your DQ go VCS, as you are required to do

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                        • #42
                          Originally posted by ostell View Post
                          Did you send a copy of your DQ go VCS, as you are required to do
                          I didn't send anything to VCS - I returned the form to the courts as instructed on the form. I've just had a look at it online and can see it says 'Once you have completed this form please return it to the court at the address shown on the form N149A, notice of proposed allocation to Small Claims Track' , but couldn't see anything that would have prompted me to send a copy to VCS. Are there any repercussions for not having done this?

                          Comment


                          • #43
                            ostell I had a look at the attached letter when I got home yesterday and see I completely missed the part about sending copies of the DQ to all parties. I'm going to send a copy off today to VCS - just one question.....should they also have sent a copy to me? As I have not received anything from them.

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                            • #44
                              Yes, you should receive a copy of their DQ from VCS

                              Comment


                              • #45
                                Originally posted by ostell View Post
                                Yes, you should receive a copy of their DQ from VCS
                                Thank you, well mine to them is in the post today!

                                Comment

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