VCS PCN - Help Needed

AB_Express

I mentioned the Jopson case in my WS.

The WS does feel like it is mostly a cut and paste job. They refer to the business park as a car park which is odd. They did this in the Part 18 too.

It was originally signed and dated Friday, but changed to Wednesday, WS dated Thursday.

Coupon-mad

It was originally signed and dated Friday, but changed to Wednesday, WS dated Thursday.

Weird.

I mentioned the Jopson case in my WS.

Great, rock up to any hearing armed with that and mention the minor 'vicissitude' wording and you should be covered because the Judge should be persuaded by His Honour Charles Harris QC and his 'finding of fact' about what constitutes parking. He made it very clear and we are lucky to have that Appeal case transcript now.

If a hearing occurs, prepare your costs schedule = lost earnings or loss of leave, plus travel to court, parking of course, and some hours at £19 per hour to deal with this vexatious attack, which was clearly unreasonable all along since the person filming you saw you had stopped to deal with a mechanical issue.

AB_Express

Link to the WS below...enjoy

http://s1266.photobucket.com/user/ABExpress/slideshow/BW%20Legal%20WS

Coupon-mad

Nice, I would plan to pull that apart starting with 8, 9 and 14.

Especially irksome is the implication that the 28 day appeal period is 'legally binding'. It isn't and it did not form part of the terms on the sign either.

And there was something about 'express consent' (?) and later, 'high profile signs'. Nope. And they only talk about the larger font being 80mm. What about the smaller font (most of it) then? Unreadable from a moving car, without a doubt.

And their pictures showed you dealing with a 'vissicitude' of an oil leak! So they knew there was an issue and you had had to stop.

AB_Express

Paragraph 28 too. Implies I was stopped on the road.


The first sentence in 8 doesn't make sense. I had already admitted in my defence that I was the driver so why do they say 'the registered keeper and/or the driver' and then they go on to say I used a car park???

AB_Express

My hearing is this week.


Do I need to take additional copies of my bundle to hand out?


I have worked out my expenses (earnings, travel and car park).


Anything else?

Coupon-mad

Yes you should come armed with 3 copies of everything (e.g. the Jopson case and other proof like the signage photos) and proof of posting the WS, in case the other side says they didn't get your Witness Statement & evidence a couple of weeks back.

Be ready not to accept any paperwork or agree to a little chat beforehand with the Claimant's rep. Refuse to take any papers foisted at you and say 'we'll discuss it all in front of the Judge, thankyou'.

AB_Express

I won! Hearing was this morning, what an experience.

When the judge was summing up I thought it was going to go the other way as he said most of my defence was irrelevant and that he believed the sign was clear.


Thank you all so much for your help.

beamerguy

AB_Express wrote: »

I won! Hearing was this morning, what an experience.

When the judge was summing up I thought it was going to go the other way as he said most of my defence was irrelevant and that he believed the sign was clear.


Thank you all so much for your help.

Well done you:T

So what was the winning point. Tell the Parking Prankster the whole story so he can do a blog especially as it's BWLegal.

I am certain we all send our condolences to VCS AND BWLegal:rotfl::rotfl::rotfl:

AB_Express

I had pointed out that I had stopped outside of the red route that they had highlighted in one of their exhibits and I wasn't stopped on double yellows. I also provided the Oxford English Dictionary definition of a road and roadway to support the fact I wasn't stopped on a roadway which the judge also commented on.