(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