parking charge court letter advice

Le_Kirk

gem1875 wrote: »

Hello, So we got our date through today and its next year but the letter from the court says, unless the claimant does by such and such a date pay to the court the trial fee of £25 or file a properly completed application for help with fees, then the claim will be struck off.

Originally Posted by KeithP
That's standard.

That Notice also tells you when you Witness Statement and evidence must be filed with the Court and served on the Claimant.

gem1875 wrote: »

That has already been done they had to be done by September.

If you have only just received your letter about a court date, how could you have sent the Witness Statement and evidence in September? Are you sure you are not confusing it with the defence? On that letter it should say something like "the claimant and defendant should serve and file witness statement no less than 14 days before......"

1505grandad

For clarification:-

Posted by KeithP 14th June;_


"With a Claim Issue Date of 22nd May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 24th June 2019 to file your Defence."


Posted by OP 29th September:-

"So sent my witness statement and exhibits on Friday, got VCS’s through the post Sat. Just sat to have a quick flick through and I’m not sure we have a great case but not much we can do now I guess."


Perhaps the original Court doc. was one that did not specifically allocate a hearing date - just submission of docs. by a certain date.

gem1875

Hello,


No it was my witness statement I sent and at the time I didn't have a date, this is why I have been a little confused with the process as mine seems to have been slightly different to most here.


VCS have today sent through a supplementary witness statement as neither of us had seen each others before it was due so they have sent an additional witness statement that addresses the points in my witness statement. Is this allowed? Can I also do that?

Coupon-mad

Yes you can, and you should be searching the forum for a surname from case law that they cite (e.g. Vine Roch or Alder), to find lots of posts where we have demolished VCS WS before. Copy what's been done already here, nothing VCS have said is new.

BUT if they have included the transcript for the case VCS v Ward, please scan it and post it up here as a shared Dropbox link as I really desperately want to let others read it. A previous link has disappeared and people need to know about that dreadful appeal decision. Have they included that transcript of drivel?

gem1875

Coupon-mad wrote: »

BUT if they have included the transcript for the case VCS v Ward, please scan it and post it up here as a shared Dropbox link as I really desperately want to let others read it. A previous link has disappeared and people need to know about that dreadful appeal decision. Have they included that transcript of drivel?

No sign of it yet still going through it all, so far;
Thornton V Shoe Lane
Vine V Waltham
Parking eye V Beavis
IPC code of practice re the £60 extra charge
Chaplair V Kumari - I put defence of this in my witness statement in preparation, having not seen the VCS witness statement
Excel parking V Nick Jenning


Haven't finished going through it all yet but will continue to do so and form my reply based on the searches you suggest.

gem1875

Well after a lot of reading and stress we finally won!

Thanks to all those that helped on my thread it’s much appreciated.

We had a 10am apt and didn’t go in till after 11. The VCS rep called us in and said he didn’t work for them but in behalf of them. To be fair he was nice and told us a bit about how it all worked. He wasn’t fully up on our details but once we reminded him he said my witness statement had been good and caused them a lot of work 👍.

He said it boiled down to if the judge would be on outside that the ticket wasn’t in clear sight. We pointed out the other issues we had and he agreed we had a strong case. He said he was obliged to make an offer to which we said no. He also said he had been told to try and claim back his charges if he could but he could only do that if our defence wasn’t great.

My husband went in with the judge so I only know what he told me but the judge wasn’t that sold on the not being able to read the T&cs in the pitch black or that the ticket may have moved after being placed. He also wasn’t that keen on the fact the land owner had told VCS to settle and they didn’t let us know. What got it for us was the fact when we contacted one of the landowners he said they didn’t own the land at that time and pointed us to another company but the contract info they had send in there witness statement was date 2 years before that email and was signed by him. So there was no clarity on who owned the land and obviously the VCS rep had nothing he could use to clear it up.

Much relief and the end of nearly 3 years hassle!

Thanks again 😁

nosferatu1001

Good job! Did you get your oridinary costs paid? time of work, parking, mileage?

gem1875

nosferatu1001 wrote: »

Good job! Did you get your oridinary costs paid? time of work, parking, mileage?

No my husband was super nervous and he just wanted out so didn’t ask for that. I did advise to and had drafted him something but I would have been the same so don’t blame him I’m just happy it’s all done.

Le_Kirk

Well done on the win.

Coupon-mad

Brilliant! WELL DONE!

ANOTHER VCS ONE BITES THE DUST!