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firestar786
-Received county court claim from VCS 22nd May 2016
-Filed Defense June 24th 2016
-Received Directions Questionnaire from Court on 27th June 2016
-Received Directions Questtionaire as filled in by VCS on 28th June 2016


Want advice on:
1)How to proceed with mediation as VCS agree to the case being refferred to the Mediation service?
My research indicates I should refuse this, as they have no grounds to pursue me for costs as I am not the driver, neither have they followed POFA 2012 to hold the RK as liable. My research also indicates I should agree to mediation as this makes myself look 'reasonable'.
2)How to proceed with transferring the case to my local county court?
My research indicates the default position seeing as I am an individual and not a company etc, is that the case would by default be transferred to my local courts, and as a consumer I can request as such.

Pictures of Directions Questionnaire are attached:





Jlc
You put in D1 your preferred court and note that you are an individual. (See CPR 26.2A)

Why not agree to mediation too and at the session note they have no cause of action (i.e. 'keeper liability' and not the driver) therefore saying you want your costs incurred thus far or you will grudgingly accept to 'drop hands' so they can avoid paying these and your further costs.
SchoolRunMum
This may help if you haven't seen it, a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

http://forums.moneysavingexpert.com/showth....php?p=61084955

Be aware not to reply to private messages offering to 'help' because it could be a PPC with a vested interest, someone from VCS, anyone really. You never know on t'internet who you are talking to so keep this thread updated.

What did your defence say? Are you happy to show it here? Was this a car park where the signs are definitely VCS ones or are they from another firm, Excel?
Lynnzer
Which car park was it? I'm hoping it was an airport roadway.
emanresu
Does this relate to one of your [many other] threads?
The Slithy Tove
QUOTE (Lynnzer @ Wed, 29 Jun 2016 - 19:16) *
Which car park was it? I'm hoping it was an airport roadway.

Who knows, if the OP can't be bothered to provide any context, which we would get if (s)he used the previous thread.
QUOTE (emanresu @ Thu, 30 Jun 2016 - 05:44) *
Does this relate to one of your [many other] threads?

I suspect so, but honestly I can't be bothered to search for it if the OP keeps on spinning up new threads with no context or back history.
firestar786
QUOTE (Jlc @ Wed, 29 Jun 2016 - 17:20) *
You put in D1 your preferred court and note that you are an individual. (See )

Why not agree to mediation too and at the session note they have no cause of action (i.e. 'keeper liability' and not the driver) therefore saying you want your costs incurred thus far or you will grudgingly accept to 'drop hands' so they can avoid paying these and your further costs.


Thank you Jlc for the positive info

after researching it :

QUOTE
Automatic transfer in the High Court
26.2

(1) This rule applies to proceedings in the High Court where –

(a) the claim is for a specified amount of money;

(b) the claim was commenced in a court which is not the defendant’s home court;

© the claim has not been transferred to another defendant’s home court; and

(d) the defendant is an individual.

(2) This rule does not apply where the claim was commenced in a specialist list(GL).

(3) Where this rule applies, the court will transfer the proceedings to the defendant’s home court when a defence is filed, unless paragraph (4) applies.

(Rule 2.3 defines ‘defendant’s home court’)

(4) Where the claimant notifies the court under rule 15.10 or rule 14.5 that he wishes the proceedings to continue, the court will transfer the proceedings to the defendant’s home court when it receives that notification from the claimant.

(Rule 15.10 deals with a claimant’s notice where the defence is that money claimed has been paid)

(Rule 14.5 sets out the procedure where the defendant admits part of a claim for a specified amount of money)

(5) Where –

(a) the claim is against two or more defendants with different home courts; and

(b) the defendant whose defence is filed first is an individual,

proceedings are to be transferred under this rule to the home court of that defendant.

(6) The time when a claim is automatically transferred under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.

(Rule 7.10 makes provision for the Production Centre)




QUOTE
This may help if you haven't seen it, a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

http://forums.moneysavingexpert.com/showth....php?p=61084955

Be aware not to reply to private messages offering to 'help' because it could be a PPC with a vested interest, someone from VCS, anyone really. You never know on t'internet who you are talking to so keep this thread updated.

What did your defence say? Are you happy to show it here? Was this a car park where the signs are definitely VCS ones or are they from another firm, Excel?


Thanks schoolrunmum

Im assuming from the paperwork I have to serve form N180 on VCS also?

nosferatu1001
Yes, DQ goes to both. As does the full defence bundle with witness statement(s), evidence, full legal defence.

At least one witness statement : the defendants.
The Rookie
This one I suspect.
http://forums.pepipoo.com/index.php?showtopic=106159&hl=
firestar786
Dear all - my mediation was sometime in the first week of August.
The mediation did not go anywhere as I thought and so the mediator informed me it would be allocated to my local court.

Since that date I received a couple of days later a 'NOTICE OF TRANSFER OF PROCEEDINGS' letter.

It has obvoiusly been a month since I have heard anything else at all.

At this point I was considering either
a)leaving it at that
b)trying to get costs from the other party.

My worry about option B is that, they could continue with the hearing as its worth £1500. Is there a time limit on which it expires in which they can actually take me to a hearing, and can I claim costs after that date?

Thanks,
ostell
Neither. Phone up the court it was transferred to to see what is happening. They are either behind with their paperwork or notice of the hearing date has got lost.

There is no time limit but I believe that after 6 months the court would want to know why was not proceeded with. If it goes on a lot longer it may be worth, considering the amount, to pay to get the case cancelled. Not too sure of the procedure for that.
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