NON-STOP PCN from Southend Airport ******* Case Dismissed, Now VCS appealing ********

IamWood

Any tips for the letter to my court? I may request the case to be struck out? Thanks

IamWood

I'll be sending my draft order, request to strike out the case, updated cost calculation, along with my proof of sending my WS to VCS.

Anything else I should mention in the letter / email to my local court?

Umkomaas

Really hammer home your undisputed submission of your documents to VCS. 

You do know there are many other cases reported here on the forum of VCS claiming not to have received documentation with ensuing adjournment?  Too many to be a mere coincidence. Collect them up and present in the further paperwork you will submit. 

nosferatu1001

I'm not sure why you are sending a draft order to the court? Who said to do that?
You're realistically not going to achieve anything. Your chance to do so came and went in the hearing. 

IamWood

Please could you check the following email/ letter to my court? Any comments and advice are really appreciated.

Thanks a lot!

In the County Court at XXX

Claim Number:  XXXXX

 

XXXXX (Claimant)

XXXXX (Defendant)

Dear Judge XXX, 

Re: Important preliminary matter and Certificate of Posting for Defendant’s Witness Statement

I am the Defendant.  As ordered by the court, I have attached the Certificate of Posting to prove that I posted my witness statement to the Claimant's litigation team on 22nd September 2020, through both post and email.  In the event of directions for a future hearing in person at this court, hard copies will be provided when I have access to a printer.

Preliminary matter
I am aware that there is more than sufficient information available in this case to activate the court's duty, as set out in s71 of the Consumer Rights Act 2015 ('the CRA').  

The CRA imposes a duty upon courts in all consumer contract cases, to apply the test of fairness in s71 of the CRA and I draw specific attention to more than one breach of CRA Schedule 2, as explained in my witness statement.   Due to this, and to remove an unnecessary burden on the court, I invite the Judge who may at this stage be considering an Order for a Telephone Hearing, to instead exercise the court's case management powers pursuant to CPR 3.4, to strike this claim out without a hearing in any format.   

This has already occurred in multiple parking claims in recent months, with duplicate reasons used by Judges sitting at courts as widely spread as Southampton, Warwick, IOW, Caernarfon, Luton and Skipton.  Failed applications with hearings attended by two barristers acting on behalf of parking firms have taken place at Skipton (February 2020, before District Judge Faye Wright) as well as at Southampton, before District Judge Grand.  I refer to my exhibit transcript of the Approved Judgment in Britannia Parking Ltd v Crosby and Anor (11/11/2019) which pays regard to the Supreme Court binding case law and the duty on the courts to invoke s71 of the CRA.

This parking charge claim has been deliberately exaggerated to reach a sum of £160 despite the Claimant and their legal advisers being well aware by now, that such a sum is unrecoverable in parking charge cases because it is an attempt to go behind case law and statute law, and taints the entire claim.  As such, the Defendant draws attention to the Claimant's continued 'forum shopping' and their clear intention of finding victims who will pay in full without defending, or a less than competent court to allow them to claim a sum far higher than they can lawfully recover. 

Further, there has been no serious attempt for the Claimant to comply with the CPRs and the Claimant's incoherent, stylised particulars do not constitute compliance.  These cases unnecessarily delay and clutter court listings and represent a contemptuous and significant abuse of process.

From time to time during the court hearing, the Claimant claims not to have received the Defendant's documentation to frustrate the case or ensure the adjournment. Too many cannot be mere coincidence. This is also why I get a "Certificate of Posting" to prove that I have sent my witness statement to the Claimant’s litigation team as required. The Claimant's irresponsible and unreasonable behaviour not only has wasted precious time in court but also demonstrated significant abuse of process.

To assist with the efficient disposal of the case, I attach an editable (Word Document) Draft Order.

For the avoidance of doubt, should the court decide against striking the claim out, I am not in agreement with the case being heard 'on the papers' or ‘on the phone’ because:

(a)  this claim is following the usual oppressive parking robo-claim path, with a very sparse statement of case, later followed by a case made by way of ambush.  The Claimant has produced and sent in the past few days, a pile of paperwork including several errors which make it clear this was not written by the 'witness' whose facsimile signature appears at the bottom of the document.

(b) the case of JD Wetherspoon Plc v Harris and others [2013] EWHC 1088 (Ch.) is an example of the Court using its power to limit the evidence by striking out large parts of a witness statement for abuse, because it was written by a person with no personal knowledge who recited facts based on the documents he had read.  The Claimant's witness statement contains template legal argument, misleading reliance upon ParkingEye v Beavis and even more irrelevant case law such as Chaplair Limited v Kumari, and a misleading quote from the losing respondents in Vine v Waltham Forest not from the rationale of Roch LJ.  The statement is littered with errors that cannot be the honest belief of the putative signatory and it is more designed to stand in terrorem of defendants than to assist the Court in determining the substantive issues.  

(c)  In my case, I strongly believe that I must be afforded a fair opportunity to rebut the inaccuracies in the 'evidence' re the location/event and highlight the failure to demonstrate a prominent/legible contract, or liability, or legitimate interest.  I am the only local witness, in the true sense that I stopped to ask an onsite traffic enforcement officer for parking directions (the drop-off point in this case), and admit to being the driver, and I believe that, if the claim is to be heard, a decision cannot be fairly made without a hearing in my presence. 

 

If the claim is not struck out, I would prefer a hearing in person once the pandemic lockdown is lifted.  However, I understand that to formally ask for an adjournment would be at a disproportionate cost which is not an option for me, so I await the court's Order and Directions. 

 

Kind regards

IamWood

Well, this is the disadvantage to have hearing online. The judge cannot see the envidence I have through camera? Especially he said he did not have chance to read my WS either.☹️
What is the appropriate thing for me to do now?
Thanks!

nosferatu1001

Well you have to do what youre told - send them proof. 
But how strongly did you make this point? Did you do ANYTHING? We dont know, you did! 

Umkomaas

Kind regards

Wholly inappropriate to use in writing formally to a Judge.

IamWood

Thanks. It was advised in telephone hearing post. I'll remove my draft order etc.

IamWood

What fun it is!
The case was heard today via MS Teams. The repressive of VCS kept his lie, saying he still hadn't received my WS even though he acknowledged having received my "certificate of posting" and the screenshot of the original email. I asked the judge to dismiss the case due to the unreasonable behaviour that was denied. The judge ordered me to email my WS to the representative on site (which I complied with) and gave the agent 20 minutes to read. The representative read my WS and sent the judge and me two more pieces of evidence (which would be attached). The judge gave me 15 minutes to read. I read the evidence and stated that I would need more time (for a few hours at least) to do some research on the evidence as a layman of the law. I also mentioned the case is not about the money but the principle as the money was not worth the time I spent on it at all. Finally, the judge criticised the claimant's unreasonable behaviour but refused to dismiss the case. The judge re-adjourned the case for a later date.

Gutted!