EMA East Midlands Airport VCS Claim Form

Were_Doomed

Excellent. Another VCS one bites the dust!

Please give us a court report when you you can.

D_P_Dance

They have wasted your time, now waste some of theirs,, read this

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

steveaduk

• VCS rep was on call. He wasn't the 'witness' named in their WS
• He questioned my being there as a Lay Rep, but as my details had already been mailed to the Court, his querying was quashed
• He talked through the Claimants WS for about 5 mins
• The judge queried the 'consideration' in return for the £100 charge (first inkling as to what was being thought)
• I responded to the Claimant on two main points, those being the signage at the site, and the 'impermissibility' of the +£60
• The judge ruled that there was no contract - impossible for a driver to read the signs fully on entry whilst driving; the judge avoided therefore having to make any comment on the +£60
• Claimant tried to argue another case applied (Vine case? 4 second stopping) but when asked where that was in the Bundle, the reply was its not in the bundle! So that got short shrift
• No mention of costs (a Defendants Schedule of Costs was submitted) - in my elation I forgot to ask about that, hope I havent missed my chance?

Were_Doomed

Re. costs - yes you have. (Unless you/the D raises a damages claim for misuse of data under GDPR for example, but that would be a separate case).

Coupon-mad

Claimant tried to argue another case applied (Vine case? 4 second stopping).

VCS v Idle and Ward.  They should have included it in the bundle because it's a dreadful 'appeal decision' (i.e. persuasive on the lower courts) where a Cicuit Judge was led up the garden path and round the corner, about a case where a car stopped for 4 seconds due to a mechanical fault; the driver restarted and drove off.  The Circuit Judge actually swallowed the argument that a 4 second stop without seeing any signs made a contract, like in Beavis.

I used it as an example in my submissions to the MHCLG's public consultation recently. That sort of case is an injustice, predatory use of camera cars and must NEVER happen again.

steveaduk

Were_Doomed said:

Re. costs - yes you have. (Unless you/the D raises a damages claim for misuse of data under GDPR for example, but that would be a separate case).

I did include a Schedule of Costs in the bundle?

Coupon-mad

You have missed your chance.  But a win is a win!

beamerguy

steveaduk said:

Judge ruled against the Claimant! No contract in place, signs couldnt be read whilst driving into the fuel station!

Well done, VCS are going to struggle at airports now, they can always take pictures of rabbits

Another case where the fake £60 was seen by the judge who then used his sense and still kicked out the case.
"This time last year Rodney, it would have been Abuse of Process"

san2020

was there a need to provide WS or Evidence at all for this case at EMA fuel station?

san2020

steveaduk said:

Judge ruled against the Claimant! No contract in place, signs couldnt be read whilst driving into the fuel station!

Hi, Not taking over this thread but QQ: Was this decided once you submitted your Defence or at the Hearing?
Also did you use any WS for this? your help is much appreciated.