VCS Parking Charges (3) - Resulted In County Court Claim Form

Loadsofchildren123

Kimmy, how did leave to appeal come to be given? Did you ask for it?

Lamilad

beamerguy wrote: »

A judge who did not have a clue

You can appeal so it's not all over.
I hope that Bargepole enters this and proposes a plan that maybe we can all assist in to help you

What is the ptoblem with your car

I am also unsure if you are a lady or man with your user name

KimmyHrunt wrote: »

Makes it worse as the rep for the claimant was absolutely bloody (i have changed that word to be more suitable) useless.

Absolute chocolate teapot, almost embarrasing.

It appeared she hadnt even looked at the bundle they had submitted.

Was it a small, timid black lady? Sounds like it could've been Kauser?

It would definitely be interesting to see if we could get some kind of crowd funding going. I'd certainly contribute, as I believe many others would.

If you could get a solicitor to go in with you Pro bono then you'd probably be daft not to at least consider it. This is where the BMPA and PP could assist, they are well connected. Perhaps LoC knows some one who might look at this for you.

Hopefully some of the expert advisors - Bargepole, CM, HO87, Iamemanresu etc will see this and give you their thoughts.

beamerguy

Lamilad wrote: »

Was it a small, timid black lady? Sounds like it could've been Kauser?

It would definitely be interesting to see if we could get some kind of crowd funding going. I'd certainly contribute, as I believe many others would.

If you could get a solicitor to go in with you Pro bono then you'd probably be daft not to at least consider it. This is where the BMPA and PP could assist, they are well connected. Perhaps LoC knows some one who might look at this for you.

Hopefully some of the expert advisors - Bargepole, CM, HO87, Iamemanresu etc will see this and give you their thoughts.

I agree. MSE does not approve of crowd funding so it would have to be done outside

Loadsofchildren123

I'd happily put my name to it pro bono if a name is needed for the paperwork, and the money can then be spent on Counsel. That's really what's needed here. It doesn't need anyone very senior. We need to get the transcript then get junior counsel to settle the grounds of appeal and then go to the hearing. But we have a 21 day deadline and the clock is ticking.

And of course it's Kimmy's call!!!!

Kimmy what area of the country are you in?

beamerguy

Loadsofchildren123 wrote: »

I'd happily put my name to it pro bono if a name is needed for the paperwork, and the money can then be spent on Counsel. That's really what's needed here. It doesn't need anyone very senior. We need to get the transcript then get junior counsel to settle the grounds of appeal and then go to the hearing. But we have a 21 day deadline and the clock is ticking.

And of course it's Kimmy's call!!!!

Kimmy what area of the country are you in?

For my interest, how much could all this cost

Loadsofchildren123

court fee is £120
transcript fee c £100
We'd ask for an order staying the main order - but could do that in the appeal notice itself so no extra fee
So that leaves counsel's fee - maybe £1k? But that depends on what part of the country Kimmy is in. Near London or a big centre = more expensive.
So say somewhere in the region of £1500?

Loadsofchildren123

I'm basing this on using someone fairly junior. It isn't rocket science, we can all get our heads round it, it's the advocacy skills you need.

bargepole

Just had a look through this thread.

In a residential case, it is a waste of time to start arguing keeper liability, non-compliance with POFA, EvL etc., that is all irrelevant and detracts from the main issue. The defendant should admit up front that they parked the car and focus on the tenancy.

Buried about 50 paras down in the skeleton it talks about primacy of contract. This is the key, and probably only, winning point. He/she had an AST which demises a designated space. That is the contract which allows him/her to park there.

Unless he/she has agreed a variation of the terms of tenancy/lease, then the PPC signs have no effect, and arguments about whether they were seen, or whether they conformed to the code of practice, are also irrelevant.

This was, I’m afraid, a case of someone trying to throw the kitchen sink at the defence, and failing to see the wood for the trees.

As for a possible appeal, it depends on what grounds permission was granted. If it was on the lease/tenancy issue, it’s worth a shot.

beamerguy

Loadsofchildren123 wrote: »

court fee is £120
transcript fee c £100
We'd ask for an order staying the main order - but could do that in the appeal notice itself so no extra fee
So that leaves counsel's fee - maybe £1k? But that depends on what part of the country Kimmy is in. Near London or a big centre = more expensive.
So say somewhere in the region of £1500?

ok, so working on the basis that kimmy won, can this be claimed against VCS

beamerguy

bargepole wrote: »

Just had a look through this thread.

In a residential case, it is a waste of time to start arguing keeper liability, non-compliance with POFA, EvL etc., that is all irrelevant and detracts from the main issue. The defendant should admit up front that they parked the car and focus on the tenancy.

Buried about 50 paras down in the skeleton it talks about primacy of contract. This is the key, and probably only, winning point. He/she had an AST which demises a designated space. That is the contract which allows him/her to park there.

Unless he/she has agreed a variation of the terms of tenancy/lease, then the PPC signs have no effect, and arguments about whether they were seen, or whether they conformed to the code of practice, are also irrelevant.

This was, I’m afraid, a case of someone trying to throw the kitchen sink at the defence, and failing to see the wood for the trees.

As for a possible appeal, it depends on what grounds permission was granted. If it was on the lease/tenancy issue, it’s worth a shot.

So, we must now await Kimmy to answer