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

D_P_Dance

They have wasted your time, now consider  wasting theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

IamWood

Dear all,

I'm starting a new thread because the old thread (https://forums.moneysavingexpert.com/discussion/6046976/please-help-pcn-from-southend-airport-case-dismissed-compensation-awarded/p15) is getting too long, and it's a new chapter for the case.

I recently won a court case against VCS for a “Non-Stop at Southend Airport” PCN. However, I just received a letter from VCS. They appealed the case. The appealing letter is attached.

So, fun goes on then, I'm afraid.

Any advice would be appreciated as always.

Umkomaas

IamWood said:

Here is the appealing letter from VCS.

That's the same court judgment you showed in your first post above. 

IamWood

The site does not allow pdf files anymore?

Here is the appealing letter from VCS.

Umkomaas

It might make it more easily read if you could put those images in order.

This would have been so much better within your original post, because already I'm having to search for that to re-read the VCS WS as it's referenced in their appeal. Please PM a board guide and ask them to merge the two threads. 

Coupon-mad

Hmmm, they are seeking leave to appeal the decision. 

That doesn't mean they will be allowed to appeal this but they have chosen yours because it's Salisbury Court area, where HHJ Parkes allowed an appeal last year against a decision to strike out a parking claim (Britannia v Semark-Jullien).  So they are hoping for more of the same.

You can object to the application to appeal I believe, by filing a notice (not sure which...I'm not legally qualified and don't know this procedure well). 

Your objection could focus on the fact that this application to appeal has ignored the learned Judge's second line in the Order that dismissed the claim - i.e. that the Claimant's own representative conceded at the hearing that: 'without such evidence, the Claimant could not prove his claim'.  Having conceded that, the Claimant cannot have another bite at the cherry and pose the opposite position to another Judge. 

They may well have had stern words with their representative for stating what he did if they believe he should not have stated it, but they have no grounds to use judicial time to appeal in a case where the learned Judge made a decision based upon a clearly stated position of conceding that this claim could not be proved, coming as it did from a legally qualified representative from the Claimant.  Their representative had his chance to use the arguments that the Claimant is now trying to introduce.  Not only did he not use that case law but he actually conceded the point, so it is dead.

IamWood

Umkomaas said:

It might make it more easily read if you could put those images in order.

This would have been so much better within your original post, because already I'm having to search for that to re-read the VCS WS as it's referenced in their appeal. Please PM a board guide and ask them to merge the two threads. 

Thanks,  @Umkomaas. I updated the post as advised. Cheers

Umkomaas

VCS are referencing the landowner contract as in page 17 of their original WS. Having scoured your other thread, I don't think we've ever seen that can you show it please?

IamWood

Coupon-mad said:

Hmmm, they are seeking leave to appeal the decision. 

That doesn't mean they will be allowed to appeal this but they have chosen yours because it's Salisbury Court area, where HHJ Parkes allowed an appeal last year against a decision to strike out a parking claim (Britannia v Semark-Jullien).  So they are hoping for more of the same.

You can object to the application to appeal I believe, by filing a notice (not sure which...I'm not legally qualified and don't know this procedure well). 

Your objection could focus on the fact that this application to appeal has ignored the learned Judge's second line in the Order that dismissed the claim - i.e. that the Claimant's own representative conceded at the hearing that: 'without such evidence, the Claimant could not prove his claim'.  Having conceded that, the Claimant cannot have another bite at the cherry and pose the opposite position to another Judge. 

They may well have had stern words with their representative for stating what he did if they believe he should not have stated it, but they have no grounds to use judicial time to appeal in a case where the learned Judge made a decision based upon a clearly stated position of conceding that this claim could not be proved, coming as it did from a legally qualified representative from the Claimant.  Their representative had his chance to use the arguments that the Claimant is now trying to introduce.  Not only did he not use that case law but he actually conceded the point, so it is dead.

Thank you very much  @Coupon_mad.

Would you advise me to contact my local court to check the process of objecting to the application to appeal? 

Coupon-mad

Yes, I think it may be called a 'Notice of objection / Acknowledgment by respondent' and might be a Form 3 but when I Googled that, I only found the Supreme Court version.

I would DEFINITELY home in on the second line of the Order dismissing the claim and use the form of words I suggested as I think the fact the Claimant's rep conceded the point, surely means you can say the matter is dead. The application by the C does not deny that their rep conceded the point.