Liverpool business park PCN - We won!

BountyHunter

Tinyteague wrote: »

VCS Ltd v Damen Ward [2018] - This one is included as a complete transcript. Its an interesting one, as its an appeal case (VCS appellant), where there were 2 respondents (Ward & Idle). Neither respondent showed on the day, Ward lost, where it was admitted he was the driver and stopped for 4 seconds, and Idle won, as he was only identified as the RK. Reading this transcript was like a rollercoaster, for most of it, both respondents were on track to win, and right at the end the judge completely changed his mind …

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Hi just wondering if you would be willing to share a copy of the above transcript you received to help with the Newcastle Airport Parking cases - the Claimants have also quoted this case but not included copies in their witness statement.

Many thanks.

https://forums.moneysavingexpert.com/discussion/5971217

Coupon-mad

It's Google-able.

I think I was the one to find & read and spit feathers out, about the VCS v Ward case transcript this year. Possibly on VCS' website as a boast, pour encourager les autres.

Tinyteague

Apologies BountyHunter. I know this is late, but did you manage to get your copy of the VCS Ltd v Damen Ward [2018]?
I haven't visited here while my case had been adjourned. It is now set for Monday (23/10), so brushing up on everything.

Tinyteague

I'm reading through their witness statement. In there, they have the contract between themselves and Peel holdings for the site.
Two things stick out:
The period of the contract, "a fixed period of one year from the 13th day of March 2013". So they've included an out of date contract?
The other thing, is in the contract, it states "The company will operate in accordance with the British Parking Association's AOS Code of Practice".
If this contract has expired, can I assume I can put the burden of proof that they have the land owners authority to manage that site? 
And secondly, they've got IPC branded all over their signage and letters, not BPA, so if this is a rolling contract, it muddies the water a bit?

Umkomaas

Tinyteague said:

Apologies BountyHunter. I know this is late, but did you manage to get your copy of the VCS Ltd v Damen Ward [2018]?
I haven't visited here while my case had been adjourned. It is now set for Monday (23/10), so brushing up on everything.

23/10 is TODAY - Friday. 

You haven't been back here for over 12 months ..... with a court hearing hanging over you head?  😮 

Tinyteague

Sorry, the hearing is Monday (26/10).
I had pretty much boxed everything off for the first hearing which was adjourned and not resumed for almost 18 months. Im not entirely sure what should of changed with regards to my case, the above question was just a point that I had missed on the initial read through of their witness statement. 

Redx

I hope you have completed all your steps prior to next week's case ??

Witness statement plus exhibits plus summary costs assessment ??

Usually exchanged 2 weeks before the hearing or on a timeframe set on your court order , with the court and claimant being sent copies ?

Umkomaas

Tinyteague said:

Sorry, the hearing is Monday (26/10).
I had pretty much boxed everything off for the first hearing which was adjourned and not resumed for almost 18 months. Im not entirely sure what should of changed with regards to my case, the above question was just a point that I had missed on the initial read through of their witness statement. 

This is a very fast-paced world, there have been a number of 'stopping' cases proceeding through hearings during your absence, where there would be either pieces of information useful to your own case, or, where the PPC (almost always VCS) has made points that helped their case, which would give you the opportunity to prepare yourself (and your counter argument) for any that come your way. 

Even in the context of general court hearings there was much to be picked up - like the two Caernarfon Court cases involving VCS, as well as the Abuse of Process cases and appeals in Southampton (not VCS - but very relevant if VCS have added a £60 charge to the original £100 PCN), and then one of the more important cases of the year, at Lewes County Court where DDJ Harvey ripped into a PPC (not VCS) about their signage and nefarious practices, and which is progressing through to a possible Restraining Order being placed on them. The background from all of which could give you a firmer and more contemporaneous knowledge base from which to handle your defence on Monday. 

Are you aware of the Government consultation that's just taken place on the draft new Private Parking Code of Practice aimed at reining in rogue PPC operators?  If so, did you comment - as you'd have so much first-hand knowledge through dealing with your PCN and the subsequent court claim against you, of how this murky world of private parking rips money from the British public and massive slices from our staggering economy. 

Tinyteague

Redx said:

I hope you have completed all your steps prior to next week's case ??

Witness statement plus exhibits plus summary costs assessment ??

Usually exchanged 2 weeks before the hearing or on a timeframe set on your court order , with the court and claimant being sent copies ?

I have to resend these? This is a restoration of the trial, and all of that was sent for the initial trial. For example I have not received another witness statement from VCS.

Umkomaas

Tinyteague said:

Redx said:

I hope you have completed all your steps prior to next week's case ??

Witness statement plus exhibits plus summary costs assessment ??

Usually exchanged 2 weeks before the hearing or on a timeframe set on your court order , with the court and claimant being sent copies ?

I have to resend these? This is a restoration of the trial, and all of that was sent for the initial trial. For example I have not received another witness statement from VCS.

I'd do a belt and braces job with the court and double check everything. You not having received another WS from VCS doesn't necessarily mean the court hasn't. 

There have been numerous cases (too many to be coincidental) where there have been foul-ups at the WS end of things with VCS - which you've no doubt missed during your absence.