Claim Form - Failing to display Blue Badge

Coupon-mad

I'll be submitting my WS early next week......some changes/queries (from post #32), hopefully you can help with:

1. I'll remove any reference to POPLA as VCS have not been members of BPA's AOS since 2014 [as per 5015grandad]. An oversight by me, I could replace with the word 'appeal' but that wouldn't match by Defence statement. Any views on whether to just cut completely?

Cut it out and also remove #12 as there is no Annex A in the Practice direction and hasn't been for years. You must have read an old example.

Evidence inclusion, not sure how much/what to include in terms of referencing law and other cases.

2. Should I include any further evidence referencing cases where costs were disallowed?

Yes, see the court report from yesterday on CEC16's thread. You need to attack the added costs more, and use & understand the Consumer Rights Act Schedule 2 and be confident that there is NO exemption to the legal duty for the Courts to undertake the CRA 'test of fairness', when a consumer notice is concerned.

The words 'consumer notice' can apply to the sign and to the NTK.

3. Should I be printing out any case law and any previous court transcripts as evidence?

Yes.

4. In Court, can VCS come at me with any other unrelated parking claims? Just to be clear, the Claim Form 'particulars of claim' box only references the claim this thread is about. VCS have done the whole suite of letters/threats (Wright Hassall etc.) over another claim but this has never progressed into a Court Claim.

No they can't.

RoyalBlue82

Thanks, this really helps!

RoyalBlue82

Hi All

Just a quick update to say that we won in Court against VCS, we had a number of defence points starting with CRA and excessive costs etc. however the judge just led us straight to the photographs of the bay markings and advised that these are the crux of the matter.

The VCS solicitor then claimed he hadn't had been given visibility of the photographs I had in my pack (I provided proof that VCS had been sent these) and therefore he couldn't defend them. The judge then ruled in our favour and awarded a proportion of the costs we claimed.

It was nice early Christmas present!

Thanks again for everyone's help and support on here.

Umkomaas

Well done. Can you let us see the photos of the disabled bay so we have an idea what a Judge determines as being insufficient please?

Redx

Great stuff , well done

Another one bites the dust !!

beamerguy

RoyalBlue82 .... well done :beer:

How unprofessional are VCS ...... fancy not giving their rep all the info ???

Costa-a-lot for VCS out of pure stupidity

RoyalBlue82

Well done. Can you let us see the photos of the disabled bay so we have an idea what a Judge determines as being insufficient please?

Thanks All.

Re: Photos of the bay. Is there an e-mail address or location you'd prefer me to upload them to?

On a separate note, VCS had until 20/12 pay costs which they have failed to do! I guess this means I need to write back to the Court and inform them of this?

Redx

Use Imgur to host photos

You write to the claimant and give them 7 days notice to pay up , or you will take enforcement action

No need to guess or assume , the MCOL website explains enforcement , which is a warrant of control that you pay for , it's added to the costs that you claim from VCS

Coupon-mad

Yay well done, another VCS one bit the dust before 2019 was out!

:T

Ralph-y

NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

Ralph:cool: