VCS Court Claim - Johnsons Cleaners

goingcrazy2019

I've submitted the defence via MCOL - will I hear through email or post for the next stage of the process?

KeithP

goingcrazy2019 wrote: »

I've submitted the defence via MCOL...

Why did you do that?

Wasn't the guidance in post #8 above clear enough?

There are very good reasons for not filing a Defence vial MCOL and they are fully explained in post #2 of the NEWBIES thread.

goingcrazy2019

Hi - I did as instructed in #8, maybe didn’t make that clear in my previous post.

So a couple of weeks ago I got a letter from local court where I asked case to be heard.

It states that the District Judge proposes to dispose of the claim without a hearing by papers alone. Both parties have to agree.

I have fully read this thread which is similar, although case is different in some respects:

https://forums.moneysavingexpert.com/discussion/5710380dispose+of+claim+without+hearing&page=8#topofpage

I am going to write to court to say that I want an oral hearing due to wanting to present my case in person. Just wondering what other things I need to consider?

Apologies for not always being able to work my way around this site. I’m getting there. There seems to be a steep learning curve with these parking cases!!

Le_Kirk

What did you put on the DQ, presumably that you object to "on papers" so, as you say, writing to the court stressing what you requested on DQ and asking once again for oral hearing.

goingcrazy2019

hi all - VCS have persisted and I am going to court soon.

Just preparing witness statement.

I am wondering about POFA 2012 - notice to driver was put on the car and 6 days later they wrote to the registered keeper (me). Am I right in thinking this is a breach of POFA and IPC code of practice as they need to allow 28 days for the driver to pay the fine before gaining information from DVLA about the keeper?

KeithP

goingcrazy2019 wrote: »

I am wondering about POFA 2012 - notice to driver was put on the car and 6 days later they wrote to the registered keeper (me). Am I right in thinking this is a breach of POFA and IPC code of practice as they need to allow 28 days for the driver to pay the fine before gaining information from DVLA about the keeper?

Yes, you are right to think that.

But you decided to ignore Coupon-mad's suggestion back in April, in post #19 above, which covered that.

Coupon-mad

There was an example defence that covered all of that, and you were told what it was and where to find it! Now you are playing catch up at WS stage - can be done, but this stuff about the PCN and premature NTK was said here way back in April.

You also need to read CEC16's thread. NO LINK, this is for newbies to find. Important that you go find what we advise you to find, as these are important things.

Oh yes and read adambuzz14's thread too!

Important ones for you to read and copy from.

goingcrazy2019

Ok, I know you are trying to help, but I didn't ignore anything I was trying to understand what it all meant. Its taken me 6 months to research and finally I think I understand the POFA rules. But I am doing my best.

goingcrazy2019

Thank you Coupon-mad - Adambuzz14 and a number of others are ones I have based my WS on.

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, or to all likely candidates now, it can cause the scammer extra costs and work, and often, if they know an MP is in the loop, they will cancel the charge..

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]