Period of validity

Missaver

No problem, I'll PM you, thanks 

Fruitcake

Message received. Thanks.

Missaver

Following the submission of my Witness Statement and supporting info to the Court, I received the following email with my own queries in 1-3 :

1. Have all outstanding directions been complied with? - how do I know if all directions have been complied with?

2. Is the matter fully effective? - I'm not quite sure what this means?

3. Has the relevant (hearing) fee been paid and, if not, has an application for relief from sanctions been made?  Isn't this question meant to be for the Claimant/Solicitors?

4. Can you please confirm the time estimate for the hearing?

5. Are there any parties or witnesses travelling from abroad? If so can you please provide details?

6. Have any relevant translators been booked to attend the hearing?

7. Are there any expert witnesses due to attend the hearing? If so can you please provide details?

Please respond to this email, answering the questions above, within 5 working days of the date of this email, failing which your case will be referred to a Judge who may vacate the forthcoming hearing, give further directions or strike it out.

Can anyone advise please, thank you.

nosferatu1001

1) You x-ref what you did with what the court Ordered. 
2) I have no idea. This seems to be lacking  context
3) Yes, of course thats meant for the C, unless you have a counterclaim and the C discontinued their claim. 

Missaver

So following on from the dodgy/fake Contract issued by PCM as part of their Witness Statement, I had complained to the DVLA re a KADOE breach.  The official response from the DVLA, is as follows, for reference and information, which basically says they won't restrict the use of my personal data. I will be complaining to the ICO as well.

Under Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for needing it.  The release of information under this legislation is not based on the consent of the data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in these circumstances does not breach the Data Protection Law and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.

 DVLA requires private car parking operators to be members of a relevant Accredited Trade Association (ATA) before providing vehicle keeper information. ATA membership helps to ensure parking companies operate within a code of practice and it is clearly in everyone’s interest for the ATAs to make sure that its members comply with the code. But we know that operators do make errors, some of which represent shortfalls in compliance with their code of practice. DVLA takes such matters seriously and looks primarily to the ATA’s to monitor adherence to the code of practice and explore and address non-compliance when it arises.

 I can confirm I have been in contact with the parking company in question, Parking Control Management UK Ltd and am satisfied they had reasonable cause to make an enquiry.

 

Parking Control Management UK Ltd, has advised that the vehicle in question was parked in a restricted area, therefore a parking charge notice was issued. Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes.

 

As you are aware the company in question, Parking Control Management UK Ltd , is a member of the International Parking Community Ltd (IPC) which is an Accredited Trade Association for the parking industry. The IPC’s code of practice is published on its website at www.theipc.info under the heading Accredited Operators Scheme. If a member of this AOS does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA.

 

If you feel that any of the practices used by the company do not comply with the IPC’s code of practice, you may wish to contact the IPC at P O Box 431, Knutsford, WA16 1EP.

 

You have asked for confirmation that your data will not be made available electronically. The DVLA would not be able to justify withholding personal information from third parties able to demonstrate reasonable cause without evidence that such disclosure would cause unwarranted and substantial distress or damage. If you feel that your particular circumstances meet these criteria, the DVLA would be happy to consider this matter.

 

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure leaflet for your reference.

https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

Coupon-mad

That was totally expected from the DVLA.

Missaver

My phone hearing has been arranged by the Court (for next week) to be by Skype for Business.. I'm actually looking forward to see how it goes  

Johnersh

This is great. Video Hearings are easier than telephone as you have visual cues as to what points the judge is receptive to/confused by and can adjust accordingly.

1. Dress as though you are physically in a courtroom
2. A plain(ish) wall behind you helps everybody see you
3. Using headphones with a mic can improve sound quality. 
4. Put a sign on the door to stop any family members wandering in! 

Missaver

Thanks for the tips Johnersh.  The directions doesn't mention video or not, but one line does say :

The parties and their legal representatives must make suitable arrangements for them to be able to communicate

by text or email during the hearing. 

And for Joining a Skype meeting :

The recipient will get an email, which is a Calendar invitation, and they should then click Accept.

When they click on ‘Join online meeting’, at the appropriate time and date, they will be taken to a page with

two options.

If they have Skype For Business, they should click the second option ‘Join with Skype for Business (desktop)’.

If they do not have Skype For Business, they should click the first option ‘Install and join with Skype Meetings

App (web)’. That installs a small program which allows them to participate in the meeting without having Skype

For Business.

I have Skype on my laptop, but not Skype for Business, will see if I can download.. If not, does anyone know if there will be much difference between having it and using the 'Install and join with Skype Meetings App (web)’. ?

Johnersh

This is most definitely a video hearing. Were it otherwise it would contain directions for telephone conference. Most judges prefer video for hearings expected to last longer than an hour. The majority of ppc cases on here, though, have been by phone. 

SfB is a separate piece of software to Skype.  Note if you have MS Teams you can use that login, since Teams is the new replacement for SfB.

The judges have been told to use SfB. You can download in advance, but it's clunky. The link sent through to you before the hearing should work as a website client, as it says, but I prefer to download first to be safe.

The note about email WhatsApp/SMS/Email is largely relevant to the claimant. The claims handler has the option to dial in and instruct their advocate in real time by instant messenger (they obviously can't speak as you'd then hear their private instructions).