02-24-2026, 06:32 PM
(02-17-2026, 08:07 AM)benb76 Wrote:(02-16-2026, 08:08 PM)b789 Wrote: Definitely take a costs schedule and don’t forget to ask for your cost if/when successful. Burgess never attends these. The only reason this one progressed to this stage is because it is for more than 2 PCNS.
They will almost certainly send an advocate. The advocate will know nothing about the case. You should try and understand the meaning of VCS v Leyland. An advocate who says they are a “solicitors agent” does not have a right to audience although the judge can use their discretion. If you can show the persuasive argument in Leyland, the judge may also send them packing.
Remember, you are on a very strong dotting here. No contract, no driver identity. The burden of proof is on the claimant. You just say prove who was the driver and prove that an actual contract was formed.
Thank you. I will make sure to read and understand VCS v Leyland. I will also take a costs schedule. Many thanks again. I will let you know how it goes.
Just wanted to post an update to say that I attended the hearing today and won! Hugely grateful for all the support you have provided to me. The two main points that it seemed to hinge on, unsurprisingly, were them not being able to prove the identity of the driver and the contract issue.
Thank you for all the guidance, without which I probably wouldn't have taken it this far. Burgess of course did not attend but an agent did. The judge said he could not find VCS v Edward online but fortunately I had printed off copies of it. The judge was very helpful. The judge awarded me £103 costs.
For anyone else reading this in a similar situation, the judge agreed that I was under no legal obligation to disclose who the driver was to VCS. He said that there may be a gap in the law but it was not for this court to act on that.
