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VCS Claim Form for Stopping in a Restricted Bus Stop at Southend Airport.

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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    With the word COSTS included in bold
  • TNA.Music
    TNA.Music Posts: 48 Forumite
    Third Anniversary 10 Posts Name Dropper
    Having checked Telephone Hearing post by @Coupon-mad I noticed considerable difference with my Court Order for telephone hearing. Here is my redacted order in case it proves helpful to others:

    General Form of Judgment or Order

    In the County Court at XXXXXX

    Claim Number XXXXXX

    VEHICLE CONTROL SERVICES LIMITED 1st Claimant

    TNA.Music 1st Defendant

    Before District Judge XXXXXX sitting at the County Court at XXXXXX.

     

    IT IS ORDERED THAT

    As part of our response to Coronavirus (COVID-19), this hearing will now take place by telephone. You should not attend the court or tribunal centre.

    What you need to do now

    Tell us:

    • your preferred telephone number – please note that this must be a direct dial and not a switchboard number

    • if you need an interpreter, or other support to join the call

    • if you cannot join by phone and explain why not, this may be considered by the judge

    You should do this by email by 06/10/2020 4 p.m. to the following email address: XXXXXX.countycourt@justice.gov.uk

    Your hearing details

    The hearing will take place on:

    Date: 08/10/2020

    Time: 10.00

    Please include your case number and hearing date when you contact us

    Before the hearing you should:

    • Make sure your telephone can accept calls from unknown numbers

    • If you have a legal representative, please agree how you will communicate confidentially during the hearing

    • Try to be in a private quiet area so that you are not overheard and can hear everything

    • Make sure that you have any documents which you will need for the hearing with you. If they are electronic documents make sure that you have downloaded them, and you are able to access them before the hearing starts.

    What happens at the hearing?

    • It’s important you’re ready to accept the call at the time of the hearing so that you can take part

    • At the date and time of the hearing the Court will call you from an unknown number

    • When you answer the call press * [star] 1, say your name then press the # [hash] key. You will then join the hearing

    • If you do not answer the call, the hearing may go ahead, and a decision could be made in your absence. At the end of the hearing you will be told what will happen next and when you can expect a decision.

    What help is available?

    Advice and guidance for all court and tribunal users is available on Gov.uk. You should review this guidance ahead of your allocated hearing date. If, having reviewed the guidance, you then experience any technical difficulties, you can contact our helpline on 0330 8089405. The helpline will not be able to answer any questions about your court hearing and will ask you to ring the court.

    Tell us your experience

    As we are holding more telephone hearings, we’d value your feedback. After the hearing please complete our feedback survey:

    https://www.smartsurvey.co.uk/s/HMCTSHearings

    BACKUP NOTICE

    IMPORTANT NOTICE

    Please note that the Court’s listing policy provides that the number of cases listed for hearing may exceed the actual judicial time available on the day. This is to ensure maximum and economical use of listing time, taking into account late settlements and also to offer Court users the earliest possible date for hearing.

    Therefore, please note:

    a) The case may be moved to a different hearing venue or stood out at short notice. HMCTS will contact you by 2pm, the working day prior to the hearing if this is the case.

    b) The case may not be called on for hearing at the time stated and there may be some delay.

    The Court and HM Court Service will not be responsible for any costs incurred in the absence of any departure from this listing policy unless due to maladministration.

    IF THIS CASE SETTLES OR THE TIME REQUIRED FOR THE HEARING OF THE CASE CHANGES THEN PLEASE INFORM THE COURT AT THE EARLIEST OPPORTUNITY.

    Please ensure that the court has a telephone number on which you may be contacted during Court hours.

    It is also advisable that you view the website by 4pm the working day before your case is due to be heard to ensure there have been no late changes to the listing. The website is: www.courtserve.net

    To ensure that as many cases as possible are heard on the day and that accordingly litigants do not experience any unnecessary delay in having their cases listed, this Court has a system of “block listing”. Your case has been block listed.

    Block listing involves a number of cases being listed at the same time – e.g. 10am. Cases may not be heard in list order. The order in which they are taken will be determined on the day depending on a number of factors such as which cases are ready and which cases may take longer to deal with.

    It is thus possible that even if your case is listed at 10am it may not be heard until a later time. The Court sits from 10am to 1pm and from 2pm to 4pm and if your case is not called by 1pm it will not be heard until the afternoon. Therefore, you may wish to ensure that you have made arrangements so that if required you can be at Court into the afternoon.

    If therefore the fact that your case has been block listed will cause you a problem, you should notify the Court as soon as possible and preferably before the date of the hearing. In any event you should tell the Court Usher upon arrival at Court of any such difficulty so that they can make the Judge aware of the problem.

    Technology - Please note that if any party wishes to submit material (and has been granted leave to) submit material at a hearing that is going to require technology to use it, eg: police interviews on disc or CCTV, then it is the parties’ responsibility and not the Courts’ to provide such equipment for it to be viewed/listened on.

     

    Dated 2 October 2020

  • TNA.Music
    TNA.Music Posts: 48 Forumite
    Third Anniversary 10 Posts Name Dropper
    My hearing, scheduled for tomorrow, has now been stood down...
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    There arent any standard telephone hearing orders yet - there are often differences as it will depend on whether judges are sitting in chambers, at home, etc. 

    Did they say why?
  • TNA.Music
    TNA.Music Posts: 48 Forumite
    Third Anniversary 10 Posts Name Dropper
    Did they say why?

    Email: 'Unfortunately we have had to stand down the hearing due to lack of judicial time.'

     

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Judge busy.
    Ah well
  • SoJacob
    SoJacob Posts: 356 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Hi TNA music, 

    could you please let me know what happend following your case ? Did you win? 
  • Umkomaas
    Umkomaas Posts: 43,331 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SoJacob said:
    Hi TNA music, 

    could you please let me know what happend following your case ? Did you win? 
    The OP last visited the forum some 18 months ago, they're unlikely to see your request. Suggest you send them a pm when they should get a notification from MSE that you are trying to contact them. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hi folks,

    Apologies for not updating my thread for this long but had a lot of other life events to attend and sort out during the pandemic that got in the way. Anyway, this is the current state of play:

    - My hearing has been postponed by the court several times so far and it should be up again for 6 October 2022 by phone
    - I have already sent my documentation/defence by email some two years ago
    - Currently getting up to speed with refreshing my memory about the details of the case

    A couple of questions for the forum:

    1) Is there a legal ground for throwing this case out because it has grown this old and if so how to go about that?
    2) Should I review my defence and update it if needed with the latest advice here?
    3) Where can I find the latest advice if it easy for somebody to point me to it please?
    4) Should I again email my documents/defence to the court regardless if it is updated or not?
    5) Do I have any legal obligation to sending anything to VCS and if so what exactly?

    As ever, grateful for your help.
  • Umkomaas
    Umkomaas Posts: 43,331 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 September 2022 at 9:29AM
    1. No
    2. Review it by all means, but why would you update it, has something changed?  'Updating' will cost £275.
    3. Read the Template Defence thread where there is reference to the (currently stalled) Govt's new Code of Practice so you can be aware of the Govt's position on the 'extortion' of any added debt collection/administration charges. 
    4. Should be no need - you could phone them to check they have everything.
    5. You are required to send everything you send to the court to the claimant. Have you written and submitted your Witness Statement and evidence bundle to the court and VCS - your question rings warning bells that this vital part of the process has not been undertaken.

    If you've not been keeping abreast of developments on the forum for almost 2 years, you will have missed so much of the evolving private parking picture. Impossible to précis what has developed, but this thread covers the seismic event of the past.

    https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

    But ..... be reminded that this is currently stalled because of 2 Judicial Reviews paid for by the PPCs and now subject to a further consultation on the level of the parking charge and whether debt collection/admin charges for non payment are leviable. Consultation to take place this Autumn once the all new ministers for the Dept for Levelling Up are in place. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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