Help Please Defence to be submitted soon

FredUp

Thanks CM and LK, no the letter didn't explain anything it was as I posted.
I called the court today to clear this up which they did almost word for word with what CM said, and also to follow up my previous letter informing them that I had not had a copy of the DQ from VCS. They said they had it and they'd forward me a copy.
So on with the WS and costs piece, I've got a few weeks so I'll draft something up and be asking for help and advice again soon.

FredUp

ICP code of practice says an operator must have an internal appeals process, VCS insist that appeals must be made through myparkingcharge portal. Is this compliant when myparkingcharge state they are a trading style if Excel ParkingServices Ltd?
Is this worth highlighting in my WS as an example of their non compliances along with the signage issues, use of PCN without defining the meaning which is forbidden, etc

FredUp

So WS handed in to court yesterday, the deadline day, and sent to VCS a couple of days ago. Is the court date likely to be within 2 weeks given they didn't state a date on the order for WS? Also I haven't received VCS WS even though the deadline was yesterday. Any advice please?

Coupon-mad

Is the court date likely to be within 2 weeks given they didn't state a date on the order for WS?

No it won't be and if you write to the court this week you might even get it struck out and get your costs thus far!

Also I haven't received VCS WS even though the deadline was yesterday. Any advice please?

Write IMMEDIATELY to the named Judge (snail mail, not email) telling him/her that the Claimant has paid no regard to the Directions of the Court and has failed to file & serve their WS & evidence, but you did meet that deadline yourself, and have spent hours on the case in a genuine attempt to beat a scam PCN from a notorious parking firm litigant.

Attach a copy of a draft order that you hope the Judge will agree to, that strikes the claim out due to the C's failure and grants the D's costs including xx hours at £19 per hour Litigant in Person rate and £x for postage and printing, given that the conduct of the C, starting with a lack of full particulars and ending with a complete absence of evidence and disdain for the rights and interests of the consumer Defendant and the Court Directions, has met the bar of wholly unreasonable conduct.

Attach your costs schedule again...

Cross your fingers you get it!!

Be quick before the C either discontinues or sends you a late WS.

FredUp

Thanks a lot for this advice CM, I might be being a bit thick here but what do you mean by attaching a Draft Order? What is this, I've done a search but not entirely sure what I'm looking for.
Ill get the letter to the judge sent today if I can sort out the Draft Order.

nosferatu1001

It means exactly that
Courts "Order" things to be done, such as filing and serving witness statements...
You can create an Order you WANT the court to then endorse, ie a draft order, in the hope this leads the court in the direction you want them to go. So you create a document called a draft order, have the same formate as the ACTUAL order you already have from the court (big hint, use the same format), and attach it to the letter you have to send .

Le_Kirk

FredUp wrote: »

Thanks a lot for this advice CM, I might be being a bit thick here but what do you mean by attaching a Draft Order? What is this, I've done a search but not entirely sure what I'm looking for.
Ill get the letter to the judge sent today if I can sort out the Draft Order.

Use the search function (Advanced Search) and use six-point draft order as your keyword(s). This is used for set-aside claims so DO NOT JUST COPY it blindly but use it as a FORMAT of what a draft order looks like alongside the advice given by nosferatu1001.

FredUp

Thanks all will do, much appreciated

FredUp

OK so sent letter to judge yesterday as advised here.
Today a letter of discontinuance arrived, 3 days after ws was due. Obviously wanting to see my hand before making a move. Don't know what judge will make of it but hoping he sees through it and decides to award expenses for unreasonable behaviour.
Regardless of expense award, I won and couldn't have done it without the help of everyone who contributed to this board, but especially the guys and ladies who put so much of their time & energy into helping us novices out - Coupon Mad / Le Kirk / Keith P / Nosferatu et al.
I'm going to keep chasing them about sharing my data - a SAR request to VCS DPO was responded to by Excel Debt & Litigation Department, so that will be going to ICO and potentially a claim. And I've been in touch with DVLA about them being jointly liable for misuse of my data by releasing it to VCS without appropriate checks taking place. Will post anything that might be useful to others on here as and when I receive it.
Another one bites the dust, thanks again folks.

Le_Kirk

Well done, so pleased for you.