(DIR) Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
(HTM) https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
(DIR) Return to: Private parking tickets
*****************************************************
#Post#: 34225--------------------------------------------------
VCS taking me to small claims court but I’ve since changed my na
me
By: Warrenator Date: August 22, 2024, 2:39 pm
---------------------------------------------------------
I received a private parking charge from VCS through the post
for stopping in a no stopping zone at East Midlands airport. I
wasn’t driving at the time and am refusing to name the driver. I
lease the car and charge was addressed to registered keeper,
which I am. The incident took place in June 2023. Using advice
from other forums I have tried to get out of paying the fine but
have received a date for a virtual small claims court hearing.
In the meantime I have gotten married and changed my name, the
court documents are addressed to my old name. Do I need to make
the claimant and/ or court aware of this? I don’t want to lose
the case because of an admin error on my part. Thanks
#Post#: 34226--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: DWMB2 Date: August 22, 2024, 2:48 pm
---------------------------------------------------------
If you have now got as far as a hearing date then you are coming
to us very late in the day, so the amount of help we may be able
to offer is rather limited. We could do with seeing, as a start:
[list type=decimal]
[li]The original parking charge[/li]
[li]The particulars of claim[/li]
[li]A copy of your defence[/li]
[li]What your deadline for evidence/witness statements is[/li]
[/list]
Informing all parties of your name change would seem sensible.
[quote author=Warrenator link=topic=2899.msg34225#msg34225
date=1724355599]
I lease the car and charge was addressed to registered keeper,
which I am.
[/quote]
Is it a Motability car? It's relatively rare to be the
registered keeper of a leased car.
#Post#: 34334--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: b789 Date: August 23, 2024, 9:00 am
---------------------------------------------------------
[member=2558]Warrenator[/member], please answer the questions if
you would like help and advice. Did you plead in your defence
that you cannot be liable as the keeper/hirer?
#Post#: 34360--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: Warrenator Date: August 23, 2024, 11:06 am
---------------------------------------------------------
I'll share full details later today. I'm away until end of next
week so wasn't going to start on witness statement until I'm
back. Deadline for witness statement is 8th Oct. I will contact
Court and VCS today via email about change of name. I tried
calling court earlier. I was told I was in queue position 74 ;D
#Post#: 34366--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: DWMB2 Date: August 23, 2024, 11:23 am
---------------------------------------------------------
[quote author=Warrenator link=topic=2899.msg34360#msg34360
date=1724429214]
I was told I was in queue position 74 ;D
[/quote]
74 isn't too bad by their standards.
#Post#: 34406--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since cha
nged my name
By: Warrenator Date: August 23, 2024, 2:30 pm
---------------------------------------------------------
Ok, here are all the details. I've uploaded the letters onto
Imgur.
Charge Notices - first one was a NTK to lease company and then I
got a hirer notification:
(HTM) https://imgur.com/a/6eJ6KuY
Particulars of claim:
(HTM) https://imgur.com/a/QW6Rv7A
My defence (i messed up para 7 about the notices being delivered
in time and got the NTK and HN mixed up):
(HTM) https://imgur.com/a/w1RbvU7
I need to get my witness statement in by 4pm on 8th Oct and
video hearing is set for 7th Nov.
Thanks
#Post#: 34407--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: The Rookie Date: August 23, 2024, 2:32 pm
---------------------------------------------------------
Can you modify (edit) that post, put a space in front of all the
‘http’ so they work as hyperlinks please?
Shame you called yourself registered keeper in the defence when
clearly you are not, perhaps you don’t understand what the term
means? (The registered keeper is the keeper registered with DVLA
who’s name and address appear on the registration document)
#Post#: 34408--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: Warrenator Date: August 23, 2024, 2:35 pm
---------------------------------------------------------
hopefully that' sorted it?
#Post#: 34410--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: Warrenator Date: August 23, 2024, 2:43 pm
---------------------------------------------------------
I know. It was a dumb mistake. I got advice from another forum
and it was a little overwhelming. I now understand the
difference. It'd be helpful to get your thoughts as to if i have
genuine defence otherwise I will save myself the time and pain
going through the next steps and just pay up.
#Post#: 34416--------------------------------------------------
Re: VCS taking me to small claims court but I’ve since changed m
y name
By: b789 Date: August 23, 2024, 3:23 pm
---------------------------------------------------------
You have a defence and it has been submitted, although with some
basic errors and terminology. Way too much waffle about PoFA
this and PoFA that. It simply was a fact that PoFA cannot apply
at the location as it is land under statutory control.
Therefore, keeper/hirer liability does not apply. End of.
Your WS is simply the defendants story in their own words. Any
procedural breaches by the claimant should be highlighted at the
beginning.
Eg. “I would like to point out to the court that I was the Hirer
of the vehicle. As EMA is land that is under statutory control,
PoFA does not apply and only the driver can be liable for any
alleged charge. As the Hirer, I am under no legal obligation to
identify the driver and no inference or assumptions can be made
that the Hirer must also be the driver and the persuasive appeal
court case of (same claimant) VCS v Edward is produced in
evidence. Blah, bla, blah…”
The PoC are woefully inadequate and fail to comply with CPR
16.4, which is mentioned in your defence but should also be
highlighted in your WS early on. Also, the PoC state that the
defendant is being pursued for a “breach of contract” and then
the intellectually malnourished eejits go on to state that the
“sign” was the “offer” and driving onto the land was the
“acceptance” but they fail to state what the third requirement
to establish a contract, the “consideration” is. As the signs
are prohibitive, there can be no consideration and therefore no
contract can exist.
The PoC state that “at all material times, the defendant was the
registered keeper and/or driver”. That is a mendacious statement
and has been signed with a statement of truth, that is anything
but truthful. The defendant was never them registered keeper and
you say you were never the driver (if that is the truth).
The list goes on. Your WS must go through each item and explain
why the claimant has no cause of action and is abusing the
process.
*****************************************************
(DIR) Next Page