VCS abuse of process, too late to mention this?

dexion7

VCS V me is scheduled for a few weeks time and we exchanged witness statements a month ago. I've just found the thread on here which deals with abuse of process regarding additional £60 and sure enough VCS have tried this in my case too.

My defence had 2 separate numbered points regarding this £60: POFA and another, which specifically states that VCS are guilty of 'abuse of process' but the 4th September ruling looks like it would be useful too.

How do I now introduce the ruling by DJ Jones - Evans (can't find the IOW one?) from 4th September given that WS have already been exchanged?

nosferatu1001

Send in an additional one - explainin g there has been a ruling about this in other cases where VCS are involved, and as this is one VCS have direct knowledge of, AND this is more than a few weeks before the hearing, you would like to introduce it as an exhibit now and the C will suffer no prejudice from doing so.

Coupon-mad

Both of them are linked in my reply in beamerguy's abuse of process thread I think, the IOW one too.

Send a supplementary Witness Statement with no apology, just add it and hope the Judge lets it be used at your hearing. Also you need to have your head around why the Beavis case is the precedent about not being allowed to recover more, because the £85 already included the costs.

See the reply I just made, with Beavis quotes. Why not copy them into your supplementary WS (keep it short and succinct and just adding that and no more).

Also seize the moment to file & serve your Costs Schedule at £xxx (three figures) if you have not already, and break it down as shown i the NEWBIES thread so that your own costs are more transparent and truly calculated than their fake ones!

Costs schedules are in the NEWBIES as well if you haven't done this yet.

The_Deep

How do I now introduce the ruling by DJ Jones - Evans

Write to the court. AFAIIA, the Portsmouth and IofW cases are refenced in the Abuse of Process thread.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies Write to the court.

beamerguy

dexion7 wrote: »

How do I now introduce the ruling by DJ Jones - Evans (can't find the IOW one?) from 4th September given that WS have already been exchanged?

Everything is now bundled together in coupon-mad's post#14
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

dexion7

coupon-mads post 14 has 2 examples of the DJ Jones-Evans ruling but doesn't have the IOW one

Le_Kirk

It is in post # 14, repeated here: -

Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed earlier General Judgment or Orders of DJ Grand, who (when sitting at the Newport (IOW) County Court in 2018 and 2019)

dexion7

do I send a copy of the supplementary witness statement to the claimant or just the court?

Le_Kirk

You must send to both otherwise the claimant could accuse you of trying to catch them out.

Coupon-mad

dexion7 wrote: »

coupon-mads post 14 has 2 examples of the DJ Jones-Evans ruling but doesn't have the IOW one

I posted the link this week. It's on another thread then. Found it:

https://www.dropbox.com/s/ndl5rf4urx02gtj/UKCPM%20v%20Esplanade%20Ltd%20-%20judgment.jpg_large.jpg?dl=0&m=

UKCPM v Esplanade Ltd in Nov 2018.

dexion7

thanks to all for the help - I'm on a roll...

one further question which is off the topic of abuse of power but still related to my case:

my vehicle was parked outside a shop in Newcastle and the small number of parking bays are managed by VCS. in their WS they have provided a copy of the contract between VCS and the shop (XYZ) which they say is landlord authority to pursue claims but according to companies house the company which owns the shop is actually XYZ Ltd the word 'Ltd' being missing of the contract - does that make the contract void?


I can post up the contract if it helps