County Court Claim Vehicle Control Services VCS

Coupon-mad

This can't be a full hearing can it, am I right that you didn't enter a defence and just contested jurisdiction instead?

So it can only be about your N244 application, surely. Have any court letters told you to file and serve your WS & evidence in support of your case (check the letter that gave the hearing date)?

You also need to file in advance and send to the Claimant, a costs schedule, including your attendance costs, loss of salary/leave and the £100 N244 application fee.

clarkcj

Yes you are correct, so you're most certainly right in assuming it's an application hearing.

I haven't received any letter asking to serve a WS nor evidence to support my case. There is only mention of the claimant serving evidence (not me!).

The costs schedule etc sounds promising, any particular advice on this? I assume I'll need to get it sent off asap.

Coupon-mad

There are a couple of example costs schedules in the NEWBIES thread and also plenty posted by people recently.

You can find some by searching for costs schedule £19 LiP rate

clarkcj

Great stuff, I will use the template suggested. I will print 2 copies and will email 1 to the court. 1 of the copies I will take to the hearing and the other I will mail to the claimant, sound good?

clarkcj

Right... So after reading the summary provided my Edislaw it looks like my case is different.
In their case they speak about a PCN not being applicable for their breach of a byelaw.
However, in my case I think that I breach a byelaw which is can be punished by a penalty charge. However, I'm arguing that because I breach a byelaw I should be tried in criminal court not civil court, is this a valid reason enough to win?
Thanks all.

KeithP

yes .

clarkcj

Court tomorrow, received vcs' case.
They're saying that bylaws are not compulsory and they're citing some taxi byelaw being ignored in 2013 in favour of the terms and conditions on the private railway car park.
Any tips?
Thanks

KeithP

clarkcj wrote: »

Any tips?

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Coupon-mad

clarkcj wrote: »

Court tomorrow, received vcs' case.
They're saying that bylaws are not compulsory and they're citing some taxi byelaw being ignored in 2013 in favour of the terms and conditions on the private railway car park.
Any tips?
Thanks

Have proof in the form of a byelaws map, that Sandwell and Dudley Station is indeed subject to Railway Byelaws, and take a copy of the railway byelaws as linked before (on this thread presumably?) and stuff like this, which proves that the land is certainly 'under statutory control' of byelaws and not 'private land':

https://www.whatdotheyknow.com/request/railway_byelaws_at_sandwell_and

Dear Mr Haire,

Freedom of Information request - 435

Thank you for your Freedom of Information Request received on the 2nd
September 2016.

Please find the information you requested set out below.

1. The land at Sandwell and Dudley Rail Station Car park is owned by
Network Rail and is sub-leased to the West Midlands Combined Authority.
The Railway Byelaws apply to the whole car park.

2. There are no car parks at this location to which WMCA believe the
byelaws do not apply

We hope the above is satisfactory. However, if you have a complaint about
the way in which your request for information has been dealt with you
should write to Nichola Vine, Head of Governance, at the address below.
She will undertake a full re-evaluation of your case.

...

Kind regards.

Yours sincerely,

Fazila Nawaz
Legal and Procurement Services Coordinator

Direct Dial: 0121 214 7201
Website: https://www.westmidlandscombinedauthority.org.uk

[1]cid:image001.jpg@01D2198D.B978CAB0

16 Summer Lane, Birmingham, B19 3SD
[2]cid:image002.jpg@01D2198D.B978CAB0Please consider the environment
before printing this email.

And take 3 printed out copies (to hand out to Judge and rep) of the POFA 2012 and the DFT Guidance on Section 56 of the POFA:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

4.1 The provisions in Schedule 4 are intended to apply only on private land
in England and Wales. Public highways are excluded as well as any
parking places on public land which are either provided or controlled by a
local authority (or other government body). Any land which already has
statutory controls in relation to the parking of vehicles (such as byelaws
applying to airports, ports and some railway station car parks) is also
excluded.

State that it was clearly intended by Parliament within the POFA 2012, that land where parking of motor vehicles falls 'under statutory control' of byelaws, such as Railways Byelaws, is unambiguously separate from land that might be called 'private land'.

Byelaws take precedence over any purported contractual parking 'rules' and such land and charges cannot fall under the jurisdiction of the County Court, given the nature of the statutory control aspect which remains a matter for magistrates' court.

clarkcj

Excellent stuff Coupon mad I will let you all know the result as soon as I get it.
By the way, what's this byelaws map? Can you offer a link please?
Thanks very much, couldn't have done all this without you!