Advice needed on Defence already submitted- going forward to contest VCS

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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]

gumgirl

OK, many thanks for the advice, it sounds like I need to try and attend court if at all possible.

Just one question, you said if I do not attend they may well try and clobber me for reps costs- Would this be on top of the costs they have indicated to me before-

'They intend to claim £160 for the principal debt, £52.81 Est interest, Est Court fees £25.00- Total £237.81’.

If it is potentially on top of the estimated £237- is this only if I do not go to court and if I do- they can’t claim these costs?

Thanks for the reminder about getting the witness statement to them in good time, I know it is at least 14 days before my court date at end Nov. I will post my WS on here for help before I send it. Thanks again. Gina.
'

gumgirl

Yes, I intend to tell my MP about this and will also post on the forum the outcome of my case.

Thanks. Gina

Brooklyn_Bridge

gumgirl wrote: »

Thanks for the reminder about getting the witness statement to them in good time, I know it is at least 14 days before my court date at end Nov. I will post my WS on here for help before I send it.'

Make sure you check. The newbies thread says 'usually no later than 14 days' but my case due at the end of November is 'no later than 28 days' so will be submitting my WS this weekend for feedback.

Fruitcake

gumgirl wrote: »

OK, many thanks for the advice, it sounds like I need to try and attend court if at all possible.

Just one question, you said if I do not attend they may well try and clobber me for reps costs- Would this be on top of the costs they have indicated to me before-

'They intend to claim £160 for the principal debt, £52.81 Est interest, Est Court fees £25.00- Total £237.81’.

If it is potentially on top of the estimated £237- is this only if I do not go to court and if I do- they can’t claim these costs?

Thanks for the reminder about getting the witness statement to them in good time, I know it is at least 14 days before my court date at end Nov. I will post my WS on here for help before I send it. Thanks again. Gina.
'

They might decide to stick in a new or additional costs schedule the day before court. You really need to attend or give the judge a very good reason to postpone.

Did you read beamerguy's "abuse of process" thread? You can ask for the case to be thrown out now, quoting the other judges and their reasons for doing this from that thread.

Coupon-mad

Potentially, a rep who is there in person and calls you out for being unreasonable for not turning up, could persuade a Judge who is so minded, to get their 'attendance fee' of maybe £150 added on top of the huge claim by the parking firm.

By not turning up this has cost people over £300 before now, who would probably otherwise have won if they'd gone to the hearing, nervous or not. Even when people lose at their hearing they are at least able to argue against the added costs including the fake £60 added wrongly to every parking charge.

So turning up is always what to do.

gumgirl

Understood, thanks again.. Gina

gumgirl

Will do. Thanks. Gina

gumgirl

Thanks for the tip. I have now found that thread about abuse of process and it was very interesting!

Am I right to think in my case it would be the over inflated costs which are an abuse of process?

And do I bring this to the judge’s attention in the witness statement? (not before)

Lately, if I do this, do I have to wait until VCS have paid the court trial fee of £25?

Thanks a lot. Gina

Le_Kirk

gumgirl wrote: »

Am I right to think in my case it would be the over inflated costs which are an abuse of process?

Yes you are correct, normally £60

gumgirl wrote: »

And do I bring this to the judge’s attention in the witness statement? (not before)

Yes, the WS is the correct place to do it.

gumgirl wrote: »

Lately, if I do this, do I have to wait until VCS have paid the court trial fee of £25?

You submit the WS and evidence when the court tells you to.