MCOL Issued

Coupon-mad

http://tinypic.com/useralbum.php?ua=xDroBU9Q%2BPSiQfgn82MEuoh4l5k2TGxc

Good pics.

I don't think the POFA states any of this? The POFA Guidance might do:

POFA 6.1
‘When a parking contravention is detected, a landholder may place a ticket on a vehicle or give it to the driver at the time of the contravention. In these circumstances the landholder must wait 28 days after which, if there is no response, he/she may submit a request to the Driver and Vehicle Licensing Agency (DVLA) for details of the vehicle's registered keeper. He/she may then write to the registered keeper to seek details of the driver or payment of the parking charge’

POFA also quotes:-
Companies that issue windscreen notices to drivers can only apply for keeper information, if the parking charge remains unpaid, after 28 days. Companies have a further 28 days to contact the keeper. If these timescale are not met, the keeper liability powers do not apply.

mand898

Yes they are quotes from 'Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges' Is this an error in my Witness statement or can these quotes still be relevant for my case ? Apologies for the misquotes,

Coupon-mad

I think you need to state where the quotes come from, and then include highlighted sections of the Guidance and Schedule 4, in the Judge's copy of the file.

mand898

Was at court on 20th May, it was adjourned as their brief asked it to be because VCS denied receipt of my Witness Statement. I allowed the brief to see a copy before the hearing started. I have proof of delivery to them and a signature on 12/3/19 by Royal Mail Special Delivery. The judge complimented me on my Witness Statement and photo evidence and criticised VCS stating their photos were from 2016 and that he knew the car park concerned. Very disappointed with this. The judge said costs would be deferred and for me to bring proof of loss of earnings to the next hearing in about 14 days.

Umkomaas

There have been a few similar VCS cases following this pattern. Which court was this at? Sheffield?

mand898

North Shields County Court

Umkomaas

Make sure you have a fully detailed and itemised cost schedule.

I'm so surprised that given your evidence of their receipt of your WS, the Judge gave them a second chance. Seems rather unfairly weighted.

mand898

At the hearing, I only had the tracking number, not the proof of delivery. Rather strangely the judge held up a photograph of a sign from my evidence and told the brief to tell the Claimant to send a photo of this sign for the next hearing. I was asked my opinion of an adjournment and just replied I'd been worrying about this for over a year and would like it finalised if possible, which was obviously ignored. Oh well, I'll just have to go again soon.

Umkomaas

mand898 wrote: »

VCS denied receipt of my Witness Statement.
I have proof of delivery to them and a signature on 12/3/19 by Royal Mail Special Delivery.

mand898 wrote: »

At the hearing, I only had the tracking number, not the proof of delivery.

The obvious question, sorry, is why not?

!!!!!! - take that clear evidence of the PPCs attempt to deceive the court with you to the next hearing. Then nail them properly!

mand898

I didn't know I'd need it. Also, I didn't get the proof until after the hearing, the judge asked me to get it from the tracking number. At no point until at the hearing did I know they were saying they didn't have my Witness statement.