VCS "This is not a parking charge notice" - guidance please

KeithP

Wildsound wrote: »

With regards sending the copies of the questionnaires to the PPC, should this be by recorded or just proof of postage?

Never ever use any form of post that requires a signature when writing to a parking company.

All that does is allow them to refuse delivery.
Proof of non-delivery is not quite what you want.

Use standard 1st class and get a free Certificate of Posting from the Post Office counter.

The item is deemed delivered two working days later.

Wildsound

So - turns out the postal system is not very reliable and I have today received a "General Form of Judgment or Order" from the courts saying that I did not send them the DQ (which I did and I have a proof of postage).

I have logged into MCOL and it says "General sanctions order was made on XXX"

Perhaps my fault for not calling the courts to check they had received it. It is giving me, from my interpretation, an additional 7 days to send it (with the option of an email address) or the defence will be struck out.

Whilst obviously I am being extremely vigilant now and have emailed them with it attached now (original copy I scanned) and will call them tomorrow, am I to be concerned about this and is this going to be held against me once it gets to hearing?

beamerguy

Wildsound wrote: »

So - turns out the postal system is not very reliable and I have today received a "General Form of Judgment or Order" from the courts saying that I did not send them the DQ (which I did and I have a proof of postage).

I have logged into MCOL and it says "General sanctions order was made on XXX"

Perhaps my fault for not calling the courts to check they had received it. It is giving me, from my interpretation, an additional 7 days to send it (with the option of an email address) or the defence will be struck out.

Whilst obviously I am being extremely vigilant now and have emailed them with it attached now (original copy I scanned) and will call them tomorrow, am I to be concerned about this and is this going to be held against me once it gets to hearing?

Difficult, maybe they lost it, the courts had the same problem recently where papers were not sent out.

As it is deemed delivery within 2-3 days and the courts accept this, one wonders what the right thing to do

You need to get on top of this ASAP

Coupon-mad

It won't make any difference at all to your case, as long as you show them proof you sent the DQ and send another copy now. Should have emailed it, as we recommend.

Wildsound

At the point of getting my Witness Statement in order. I've read through the guides etc... but struggling to identify whether a skeleton argument should be used and if so, what should be in it.

I have so far got copies of:
POFA schedule 4
Tenancy agreement
Copy of lease from Land Registry
Parkingeye v beavis
V888/3 DVLA form (according to this form, it would appear they have requested my details of registration way prior to the 29 days time period before they can request)
Section 37 Landlord & Tenant Act 1987
Copies of all correspondence between me and the PPC
Copies of correspondence received from freehold company prior to the event, and after the start of my tenancy, stating that a permit is needed for the Visitor spot only (which I was not in).

Should all of the above be ok to go in the witness statement or must certain parts (perhaps referring to POFA etc...) be only in the skeleton argument?

Also, I have the other ticket to be dealt with on a further date (3 weeks later in court). Should I go about referring to this in my WS or how do I go about trying to resolve this issue at the first hearing. I'm aware of if a case going a particular way, you can ask for the next case to be dealt with on the same basis, but not sure how I go about this formally/

Any guidance would be much appreciated

Wildsound

Also, having read through schedule 4 of POFA again, it would appear they have gone down the road of paragraph 6 (1)(B) and thus paragraph 9.

I'm not really sure I can defend against this now, in hindsight.

Am I missing something or does it seem that a PPC can just go down the route of paragraph 6(1)(B) - paragraph 9 as this route seems much more in favour of the PPC being able to just jump the gun on acquiring the keepers details? Why would they even both going down the rout eof paragraph 6(1)(A) - paragraph 8??

Coupon-mad

They have neither followed para 8 nor para 9. They can't say that a NTD isn't a NTD just because they now say the NTD wasn't one.

Clearly it was. If it looks like a duck, and quacks like a duck, then it's a duck.

Stop assuming you have no case, this is something you will need to explain to the Judge with informed and certain knowledge, like this poster did:

https://forums.moneysavingexpert.com/discussion/comment/75879770#Comment_75879770

See how prepared and informed and SURE of your position you must be, to win a Judge round who might start off like that one?

You can do what that poster did. But to do it, you need to be certain & confident.

Include in your WS, my words in italics at the bottom of post #81 there in that link, adding in the missing info of claim number, court and date that the poster helpfully gave us, so people like you can use it! So, use it.

I have so far got copies of:
POFA schedule 4
Tenancy agreement
Copy of lease from Land Registry
Parkingeye v beavis
V888/3 DVLA form (according to this form, it would appear they have requested my details of registration way prior to the 29 days time period before they can request)
Section 37 Landlord & Tenant Act 1987
Copies of all correspondence between me and the PPC
Copies of correspondence received from freehold company prior to the event, and after the start of my tenancy, stating that a permit is needed for the Visitor spot only (which I was not in).

Should all of the above be ok to go in the witness statement or must certain parts (perhaps referring to POFA etc...) be only in the skeleton argument?

They all sound good, but what about (APPEAL CASE = persuasive on the court) and PACE v Noor and Link v Parkinson as discussed on this VERY similar thread to yours?

https://forums.moneysavingexpert.com/discussion/5913447/multiple-county-court-claims&highlight=jopson&page=2

Personally I wouldn't do a skeleton argument, just a longish WS covering the story of what happened and the applicable law and your other exhibits.

Also, I have the other ticket to be dealt with on a further date (3 weeks later in court).

OK so when you hand over to your local court, in person, your WS and evidence (& contents page referring to case numbers and exhibit numbers) in a ring binder file, separately hand over a covering letter marked for the Judge and headed:

URGENT - case management of claim numbers xxxxxxxx and xxxxxxxxx - consolidation of hearings request to save wasting and duplicating the parties' time and costs and taking up unnecessary court time

That actual letter is to be written in the words you find when you search the forum for two claims? abuse of process - get it in urgently. No-one should be expected to turn up twice about the same sort of claim where only the date of the event differs.

Unless the claims are about completely different facts/car park.

Wildsound

Coupon-mad wrote: »

OK so when you hand over to your local court, in person, your WS and evidence (& contents page referring to case numbers and exhibit numbers) in a ring binder file, separately hand over a covering letter marked for the Judge and headed:

URGENT - case management of claim numbers xxxxxxxx and xxxxxxxxx - consolidation of hearings request to save wasting and duplicating the parties' time and costs and taking up unnecessary court time

That actual letter is to be written in the words you find when you search the forum for two claims? abuse of process - get it in urgently. No-one should be expected to turn up twice about the same sort of claim where only the date of the event differs.

Unless the claims are about completely different facts/car park.

Given that my posts recently have been buried under the mountain (sadly) of other posts, this is extremely helpful and I am grateful that you have found the time to reply to me.

I have chosen not to do a Skeleton and am due to hand in my WS in person to the court today. With regards this letter to the judge and requesting consolidation, do I need to send a copy of this letter to the Claimant (PPC) or is there no requirement for me to do so?

Many thanks again

Umkomaas

Personally, I would copy the claimant and solicitors in. I would mark the letter to the Judge 'cc <name of claimant>, <name of solicitors>' so that he/she is aware that you have kept them up to date, and for them, they now know that the Judge is aware of their shenanigans.

Wildsound

Hi all,

I have the court case coming up. I had my cases combined following the request to the judge.

Any final tips on what to expect on the day and what I should do beforehand?

Should I try and draft a summary to read out to the judge? I chose not to do a skeleton argument in the end.

Many thanks