Ticket From VCS Brookshaw Sheffield

Snakes_Belly

Chesterfield is Simon Renshaw-Smith's home ground. In the Cutts article (that CM drew my attention too) there are some scathing comments by the MP (at the time) for Sheffield.

"Also in the article by Martin Cutts is a comment from Angela Smith, MP for the Claimant’s home area, Sheffield who told the House of Commons:"

‘Many of my constituents complain to me that companies such as Excel (no doubt I will get another nasty threatening letter from that company as a result of this speech) fleece customers. Such company’s signage is appalling and they ‘fine’ customers on the basis, sometimes, of parking slightly over a line in a parking space. The signage is so unclear that motorists do not know whether they have broken the rules or not, and the DVLA is passing on the information about these motorists to such companies.’

It looks as if Chesterfield MP Toby Perkins has also had words with Excel and VCS after having complaints from constituents.

RichieBoy56

Well VCS have responded to the Judges Order. They were ordered to respond to my defence but unsurprisingly they have ignored that and just spouted the same old rubbish from their original claim.


I assume that the Judge will read this and decide if they have a case?

nosferatu1001

You could write to the court, expressing surprise that the claimant hsa simply reiterated their Particulars, and included no further informaiton as you were expecting.
You request that the court views this as VCS failing to comply with the order, of ... and that the claim is therefore struck out.

DoaM

Would this then mean VCS have acted unreasonably and so OP could try and claim extended costs accordingly?

nosferatu1001

Yes, but Id first try to get the court to throw the claim out!
After that you should point out that by default a costs order HAS been made (if they Order it struck out) just not quantified. you then write t the claimant pointing this out, including your schedule, and invitingt them to pay within 14 days. Should they demur, state you will require they pay for a costs hearing.

RichieBoy56

Thanks for the most recent advice.

Would this letter be OK to the Court:

'Dear Justice xxxx,
I am in receipt of VCS reply to your order and I must express my surprise that they have simply re-iterated their Particulars of Claim rather than providing any further information as I was expecting.
I respectfully request that the court views this as VCS failing to comply with the order and that the claim be struck out.
Regards,
Defendant'

Do I need to mention costs here?

System

Would this letter be OK to the Court:

'Dear Justice xxxx,
I am in receipt of VCS reply to your order and I must express my surprise that they have simply re-iterated their Particulars of Claim rather than providing any further information as I was expecting.
I respectfully request that the court views this as VCS failing to comply with the order and that the claim be struck out.
Regards,
Defendant'

The judge will not see this until the actual day and it is highly unlikely there will be a strike out. There are hundreds of people ahead of you.

You are better to write to VCS and point out they have failed to meet the requirements of the order dated xx/xx/xx and invite them to discontinue. If they fail to rectify the issue or discontinue, you will ask the court to deny any relief from sanction and seek your costs.

All the time, courts expect parties to do everything to avoid court. So by showing you are attempting rectification, you are being reasonable and the other party isn't - hence an exposure to sanction/costs.

Umkomaas

^^ ^^ That really is great advice. ^^ ^^

Golden.

RichieBoy56

So, simple letter to VCScum:

'Dear VCScum,
I am in receipt of a copy of your reply to Judge XXX 'General Form of Judgement or Order' issued on xxxxx.
I note that you have failed to meet the requirements of the order an d invite you to discontinue with your claim. If you fail to rectify the issue or discontinue, I will ask the court to deny any relief from sanction and seek my costs.
YF
Defendant'

Is this sufficient?

RichieBoy56

Comments on my proposed letter in the post above would be appreciated.
Thanks.