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

Snakes_Belly

Probably not got much on at VCS and Excel at the moment. Must have gone through all those old historic claims that they have been digging up over the last year or so.

beamerguy

Umkomaas said:

SayNoToPCN said:

Wow. So they're asking leave to appeal despite
- conceding the point
- having a contract that is at best a waste of paper and at worst an attempted fraud?

... as well as exhibiting an absolutely and totally incompetent attention to detail in an administration that, I assume, Jake B supervises. Is it your department that oversees the construction of the legal contracts on which your company relies, Jake?  Are you the senior, legally qualified person on whom VCS/Excel rely?

Sums up the SRS Empire completely. Lack of business breeds stupidity ?

The joke of this is, that this ex clamper has ended up clamping himself and with the new code of practice, the unlock key will probably be thrown away ?  

Incompetence is not a big enough word to describe VCS/EXCEL

bargepole

Most of the responses on this thread are going off on wild and irrelevant tangents.

The problem here, is that VCS's application for leave to appeal will be assessed by a Circuit Judge. Whilst District Judges deal with parking cases every day of the week, and know all the ins and outs, most Circuit Judges will see a parking case appeal land on their desk very rarely, and the number can be counted on the fingers of a sawmill operator's hand.

A CJ may well conclude that VCS's application discloses arguable grounds, and grant leave to appeal.

The Respondent needs to file a Skeleton, setting out the proper opposing arguments in legal terms, with particular reference to the laws of agency, and why it it is necessary for VCS to prove that they had standing to bring the original claim in their own name, given that they were purportedly acting as an agent of the principal.

IamWood

bargepole said:

Most of the responses on this thread are going off on wild and irrelevant tangents.

The problem here, is that VCS's application for leave to appeal will be assessed by a Circuit Judge. Whilst District Judges deal with parking cases every day of the week, and know all the ins and outs, most Circuit Judges will see a parking case appeal land on their desk very rarely, and the number can be counted on the fingers of a sawmill operator's hand.

A CJ may well conclude that VCS's application discloses arguable grounds, and grant leave to appeal.

The Respondent needs to file a Skeleton, setting out the proper opposing arguments in legal terms, with particular reference to the laws of agency, and why it it is necessary for VCS to prove that they had standing to bring the original claim in their own name, given that they were purportedly acting as an agent of the principal.

I am absolutely clueless about this at the moment. I'd be grateful if you could point out where I should look at it? Is there a template I can refer to?

Thanks very much!

D_P_Dance

I resume that VCS will be using an experienced lawyer ti argue their case.  It looks to me as though it might be a PITA for a LIP to take this on  

bargepole

IamWood said:

I am absolutely clueless about this at the moment. I'd be grateful if you could point out where I should look at it? Is there a template I can refer to?

Thanks very much!

No templates - too many people on here blindly copy them, without the slightest idea of what they mean, and whether all the points are relevant to their case. Then they wonder why they are like rabbits in the headlights when asked questions by a Judge.

This is now a serious matter, and above the pay grade of this forum. You need to seek professional help.

Redx

I agree with Bargepole above , mse have said that this is not a legal aid forum , it's a consumer rights forum !! We are not allowed to give formal legal assistance on here and you are expecting legal advice for no cost !! Simply against the rules here

As for appeals etc , of course there are no templates , each one is a bespoke case

You need pro bono help from a suitably qualified person 

Think of it as like buying a house , few people deal with the legal and conveyancing side on a DIY basis

Semark Julienn represented himself when that case was appealed , the transcript or judgment says so , he lost (he was also way out of his depth too)

So as Bargepole clearly mentioned , get professional legal help , which is what Martin Lewis would tell you

IamWood

Well,  even they are granted the application to leave to appeal, will the case be any differenct from the original court case? 

They still have to prove:

1) they have the authority

2) byelwas are not applicable

3) is stopping counted as parking


Etc.

I'm not scared at all 😀. A bit annoyed but will carry on for the sake of the similar cases in many years to come.💪

Coupon-mad

But they haven't got leave to appeal (yet).  Skeleton stage comes if they get leave to appeal, surely, @bargepole?

At this early stage, isn't it the case that the potential Respondent can object to the appeal application and point out the second line of the dismissal Order and hopefully get it headed off at the pass.  This early stage isn't at skelly stage yet.

bargepole

Coupon-mad said:

But they haven't got leave to appeal (yet).  Skeleton stage comes if they get leave to appeal, surely, @bargepole?

At this early stage, isn't it the case that the potential Respondent can object to the appeal application and point out the second line of the dismissal Order and hopefully get it headed off at the pass.  This early stage isn't at skelly stage yet.

Objecting to the appeal application, would be exactly what that Skeleton is designed to achieve. There is no rule which prevents the Respondent from filing one, and of course the CJ may choose how much weight is given to it.

Clearly, if leave is granted, the Respondent will need to file a full bundle of docs, including a Skeleton for the hearing of the appeal.