Author Topic: VCS taking me to small claims court but I’ve since changed my name  (Read 555 times)

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b789

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #15 on: September 08, 2024, 07:18:48 pm »
Please remove every occurrence of the word "offence" from your WS. No "offence" was ever committed and by calling it that, you are giving a legitimacy to VCS that is wholly undeserved. Only an "authority" such as the police or a council have any "authority" to issue fines or penalties for "offences". You must get the notion that this is any form statutory offence out of your head. This is a simple matter of contract law for an alleged debt.

I am confused as to why Excel Parking is being mentioned. Whilst both Excel and VCS are sister companies, each is registered separately and the "contract" can only be with one of those two companies. As far as I am aware, it is the VCS name on any signage at EMA. This needs clarifying before submitting any WS.

Providing the evidence that you were not the driver and obviously you were not the keeper of the vehicle is very good. However, going on about the LoC and the issuance of the NtH is not really necessary. If you are going to use the woefully inadequate PoC, then by all means reference them but be careful that you don't overplay that hand if you are able to provide a defence of all the points.

Follow these guidelines for formatting your WS:

Witness Statements - Justice.gov.uk

If you really want to get into the nitty gritty of how a WS should be formatted, have a read of this from paragraph 17 onwards:

Practice Direction 32 = Evidence

Just start with something along the lines of "I am [name] of [address]. I am the Defendant and this is my Witness Statement." Then go on to tell your story of the events surrounding the allegation made against you and why the claim should not succeed.

As this is a WS, you will need the same headers as for any defence except change "Defence" to "Witness Statement". You should provide a list of all exhibits on a separate page and they should all be numbered XX[your initials] eg, if you are Joe Bloggs, each exhibit is numbered (and referenced in the WS as JB01, JB02 etc. Refer to paragraphs 18.3 and 18.4 in the Practice Directions referenced above for how you should reference the exhibits in your WS.

Also, every paragraph must be numbered sequentially.

Signs it off with a Statement of Truth as follows: "I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth." The Statement of Truth does not need a paragraph number. You should sign it by typing your name and date under it.

I think you also need to refer to Volkswagen Financial services as VWFS as that is how they tend to refer to themselves. Explain how PoFA refers to what VCS calls a "Charge Notice" and "Hirer Notification" as a "Notice to Hirer (NtH)". By using the word "charge" and "notice", they are attempting to fool anyone who is not aware that they have issued a penalty for a statutory offence".

So. please go back to the drawing board and show us how you intend to present your WS with the necessary alterations remembering not to refer to the alleged breach of contract as an "offence".
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DWMB2

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #16 on: September 08, 2024, 08:18:17 pm »
I think you also need to refer to Volkswagen Financial services as VWFS as that is how they tend to refer to themselves.
A minor style/writing point - a wise approach for any acronym is to assume the reader does not know what it stands for, even if you're sure they do. So on first use, write it out in full, then provide the acronym: "Volkswagen Financial Services (VWFS)". This then covers both bases.

Warrenator

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #17 on: September 11, 2024, 08:36:15 pm »
Thanks so much for your detailed feedback.

Noted re: offence. Would putting in 'breach of contract' or 'alleged debt' be better? The words I would actually like to use in my WS probably wouldn't go down so well with a judge  :D

The letter from VWFS (double checked and yes that's the correct acronym - good spot) referenced Excel under 'authority name' so that's why I included Excel in my defence. The CN NTK,CN NH and all paperwork from VCS mention VCS only. It's VWFS that have confused things by referencing Excel. I will rephrase through and avoid mentioning Excel. 

Yes, I got a bit hung up on ensuring I got everything in but noted re: sticking to RELEVANT facts only!

I've got proper formatting and statements in my version of the doc and will be sure to include them in my v2.

Back to writing I go...

 


b789

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #18 on: September 11, 2024, 08:56:32 pm »
Yes... use "alleged breach of contract" or "alleged parking event" or anything that doesn't refer to it as an "offence", because it is nothing of the sort.

It is still interesting as to why VWFS have referenced Excel for some reason.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #19 on: September 15, 2024, 08:02:06 pm »
I had another look at all the paperwork that VWFS sent through and I can see that as well as VWFS referring to Excel as the 'authority name' who sent them the CN, they also addressed their third party authorisation letter to Excel. The NTK and HN have VCS on them so perhaps there was another letter from Excel/VCS to VWFS which I haven't got a copy of where they refer to themselves as Excel? Either way, it's odd.

I have a query about how to refer to myself in the WS. The paperwork from the court has my maiden name on it. ( I have emailed court and VCS about new name).  In my WS I have used my maiden name when I've listed my name out as the defendant as that is what is on the paperwork but then I refer to my married name when I say I am the defendant and also when naming the exhibits and signing off (as that is my current legal name). Is this correct? 

Here's v2. Please let me know your thoughts. I've followed formatting guidelines and will attach a separate page which lists out all the exhibits when I send the WS. I had numbered the paragraphs but formatting has stripped them out. Will add back on when sending across final WS to parties.

In the County Court at Nottingham
Claim number: xxxxx
(Vehicle Control Services Limited) Claimant
(Maiden name) Defendant

I am (married name) of xxxx
I am the defendant and this is my Witness Statement.


On 27/6/23 I received a letter from Volkswagen Financial Services (VWFS) notifying me that they had received a Charge Notice (CN) Notice to Keeper (NTK) from Vehicle Control Services Ltd (VCS) regarding an alleged breach of contract by a vehicle with licence registration xxxx xxx, which had taken place at 13.54 on 26/6/23 at East Midlands Airport (EMA).  I refer to the letter from VWFS marked AW01. 

The letter went on to say that VWFS had passed my details onto VCS transferring liability of the alleged breach of contract to me, Hirer of the vehicle in question.

I would like to point out to the court that VCS’ CN does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) and in law, VCS are unable to hold me, the Hirer of the vehicle liable for the CN.

EMA is not ‘relevant land’ but subject to statutory control and covered by bye-laws therefore only the driver can be liable for the CN.   

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. I refer to a copy of VCS V Edward marked AW02.

On the date and time in question of the alleged breach of contract, I was flying back to EMA from Naples Airport, Italy. My flight was due to land at 12.55pm.

My flight was delayed and at 13:54 I was going through passport control and confirm that I was not driving the vehicle in question.  I refer to a copy of my flight confirmation marked AW03. 

I’d also like to draw to the Court’s attention VCS’ Particulars of Claim (PoC) and that they appear to be in breach of Civil Procedure Rules 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". I refer to VCS’ PoC marked AW04.

The PoC state that the defendant is being pursued for a “breach of contract” and the claimants 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 also state that “at all material times, the defendant was the registered keeper and/or driver”. That is an untrue statement and has been signed with a statement of truth, that is anything but truthful. I am not the registered keeper nor was I the driver.


I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(married name)
Date






b789

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #20 on: September 16, 2024, 02:14:41 am »
Here is a suggested versi9n for your WS which includes the information about the difference in name:

Quote
In the County Court at Nottingham

Claim Number: [xxxxxx]

Vehicle Control Services Limited
Claimant

- and -

[Maiden Name]
Defendant



Witness Statement of [Married Name]

1. I, [Married Name], formerly known as [Maiden Name], of [your address], make this statement as the defendant in response to the claim brought by Vehicle Control Services Ltd (VCS).

Background

2. On 27/06/2023, I received a letter from Volkswagen Financial Services (VWFS), notifying me that they had received a Charge Notice (CN) and a Notice to Keeper (NTK) from Vehicle Control Services Ltd (VCS) regarding an alleged breach of contract by a vehicle with registration number [xxxx xxx] at 13:54 on 26/06/2023 at East Midlands Airport (EMA). I refer to the letter from VWFS, marked AW01. The letter further stated that VWFS had transferred liability for the alleged breach of contract to me as the Hirer of the vehicle in question.

Non-compliance with the Protection of Freedoms Act 2012 (POFA)

3. The claimant, VCS, did not comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), particularly regarding the issuing of a Notice to Hirer (NtH). Specifically, they have failed to provide the necessary documents as required by paragraphs 13 and 14 of Schedule 4. However, even if the necessary documents had been provided, POFA does not apply in this case because East Midlands Airport (EMA) is land subject to statutory control and governed by bye-laws. Therefore, under the law, VCS cannot hold me liable as the Hirer of the vehicle for the Charge Notice.

4. Furthermore, I wish to clarify that I was neither the driver nor the registered keeper of the vehicle in question at the time of the alleged breach. The burden of proof rests on the claimant to establish who was driving the vehicle, and the claimant has failed to provide any evidence to support their mendacious assertion that I was either the driver or the keeper.

I Was Not the Driver on the Date of the Alleged Breach

5. On the date and time of the alleged breach of contract (26/06/2023, 13:54), I was returning to EMA from Naples Airport, Italy. My flight was scheduled to land at 12:55 pm, but it was delayed. At 13:54, I was still going through passport control at EMA, and I can confirm that I was not driving the vehicle in question. I refer to my flight confirmation, marked AW03.

Deficiencies in the Claimant’s Particulars of Claim (PoC)

6. The Claimant's PoC states that I breached terms and conditions on “private land,” but as previously noted, EMA is land subject to statutory control and does not qualify as “private land” for the purposes of POFA.

7. I also draw the Court’s attention to the fact that the PoC is in breach of Civil Procedure Rules (CPR) 16.4, 16PD3, and 16PD7, as it fails to "state all facts necessary for the purpose of formulating a complete cause of action." A copy of the PoC is attached and marked AW04.

8. The PoC further state that the defendant is being pursued for a “breach of contract” and that “the sign” was the “offer,” while “driving onto the land” was the “acceptance.” However, the PoC fail to mention the third essential element to form a contract, the “consideration.” As the signs are prohibitive in nature, there can be no consideration, and therefore no contract could have been formed.

9. Additionally, the PoC claim that "at all material times, the defendant was the registered keeper and/or driver." This statement is factually incorrect, and I invite the Court to note that it has been signed with a Statement of Truth, despite the lack of accuracy.

No Contract Formed & Breach of the Consumer Rights Act (CRA)

10. Even if the Court were to consider the possibility of a contract being formed, such a contract would be unfair and unenforceable under the Consumer Rights Act 2015 (CRA). The CRA prohibits unfair terms in consumer contracts, and any term that attempts to impose liability on the Hirer when the land is subject to statutory control would be considered an unfair term.

11. Further, the terms outlined on the signage at EMA are prohibitive in nature, forbidding certain actions rather than offering anything in exchange. For a valid contract to exist, there must be an exchange of consideration, which is absent here. The signage merely imposes restrictions rather than offering parking services in return for payment. As such, no contract could have been validly formed between the Claimant and myself.

Conclusion

12. In conclusion, the Claimant's claim is unfounded for the reasons outlined above. They have failed to comply with POFA, there is no evidence to support the claim that I was the driver, no contract was formed, and their PoC are deficient. I respectfully request the Court to dismiss the claim in its entirety.

13. In the matter of costs, I ask:

(a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5.

14. Attention is drawn specifically to the (often-seen from this industry) possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)), this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: [Your Married Name]


Date: [Insert Date]

Do not rush to submit your WS. You should, if at all possible leave it to the last minute or not before the claimant submits theirs which you can then rebut in your own WS.

The above is a started for now.
« Last Edit: September 16, 2024, 02:17:42 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Warrenator

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #21 on: September 18, 2024, 08:46:56 pm »
Thank you so much for this! I am in no hurry to send my WS and can wait a little longer to see if VCS send theirs through first. It’s not due until 8th Oct.

Re: sending witness statements and my exhibits, my understanding is that I can send via email but it’s not explicitly stated in my notice of trial date letter and there is no email address for the court to send the WS to. There is an email address to send over my contact details ( the trial is to be held by cloud video platform) but that is all. I’ve done an online search and can’t see an email address for the court specifically for WS, just a generic enquiries email address and one for listing, would it be the latter?

b789

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #22 on: September 18, 2024, 09:52:37 pm »
Which court? Have you tried this:

https://www.gov.uk/find-court-tribunal
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #23 on: September 23, 2024, 07:59:07 pm »
Nottingham county court. Thanks for link, I followed it and it threw up the same enquiries and listing email addresses so I guess I’ll use those. No WS from VCS yet…

b789

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #24 on: September 23, 2024, 08:38:50 pm »
You have over two weeks until the WS deadline. Plan on submitting yours at the deadline if you haven't seen their WS by then.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #25 on: September 30, 2024, 09:24:13 pm »
I’ve prepared my WS but will hold fire on sending it until the deadline which is a week tomorrow. Still no WS from VCS. I had a question re: adding exhibits to WS. I know how to refer to them in the body of the WS but not sure how to present them when sending them to the court, the guidelines aren’t clear. I’ve set up a doc for each exhibit and labelled it with the claim number, my name, the fact that I’m the defendant and then the name of the exhibit, I then plan on attaching the exhibit behind it, doing the same for all three exhibits, and then attaching all the docs together. Is this right? Would I then attach this doc to the WS or send two separate attachments to the court, one the WS and the other the exhibits? It’s not clear from reading the guidance notes.

b789

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #26 on: September 30, 2024, 11:21:02 pm »
You present a sort of table of contents for the WS and exhibits. Each exhibit should be numbered in the following format: Your initials dash number.

E.g. GD-01, GD-02 etc. they should be numbered in the order they are referred to 8n your WS. When the WS is ready, the exhibits should be added to the end of the WS so you have a single PDF document with however many pages. If you have attach any other document such as a draft order or anything else, that should be a separate document and “bundled” with the WS and therefore a separate PDF of however many pages.

Most courts will have page and file size limit for documents submitted electronically. The number of pages should be no more than 50 sides of A4 and the file size no more than 25Mb.

If the file size is too big, there are plenty of online sites that will reduce the file size of a PDF file. If the number of pages is over 50 sides, there are plenty court will only accept a printed copy. The claimant can just have the electronic version.

For now, hold on until the last minute unless you receive the claimants WS beforehand.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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DWMB2

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #27 on: September 30, 2024, 11:29:10 pm »
For now, hold on until the last minute unless you receive the claimants WS beforehand.
This is sound advice, but a quick caveat - don't wait until the last minute to actually produce the document, in case you do have issues with the file-size etc. In the same vein, if you're using an online tool to shrink the PDF file-size, check it is still all legible. Some of those tools do a better job than others.

If you're saving it as a PDF using Microsoft Word, there's an option to save it with a reduced file-size in the 'Save As' dialogue box.

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #28 on: October 04, 2024, 08:30:46 pm »
You have all been so incredibly helpful in your replies, thank you so much. Deadline is Tuesday 4pm but I will need to send it Mon eve at the latest because of work. I bet they will send theirs tues afternoon  >:( main Ws doc is ready, just need to add exhibits which I now know how to format, and then I’ll be ready to send.

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Re: VCS taking me to small claims court but I’ve since changed my name
« Reply #29 on: November 05, 2024, 06:41:01 pm »
My case is being heard this Thursday and I was hoping it would be discontinued but looking unlikely now . Other than having my witness statement and defence to hand, is there anything I need to prepare?

As an FYI, I submitted my Witness Statement before the deadline given but haven't had VCS', is this normal behaviour for them and could I flag on Thurs?

Thanks