My Hellish Day in Court (with the threat of a possible appeal)

D_P_Dance

Have you read these?

https://www.parkingcowboys.co.uk/elliot-vs-loake/

http://parking-prankster.blogspot.com/2017/01/skipton-judge-rubbishes-elliot-v-loake.html

https://legalbeagles.info/forums/forum/legalbeagles-consumer-forums/welcome-forum/1504651-parking-vcs-claim-form-received

What forensic evidence will they be producing, flake of blue paint?

Jomot

I know, but as per my court report, the judge found (wrongly) that the NtK complied with POFA, so all of the arguments re EvL fell on deaf ears as he decided they weren't pursuing me as driver, despite them stating several times in writing that they were.   It is this flawed finding that has strengthened their resolve to appeal the costs award.  

D_P_Dance

If they  say that OTBOP you were driving  see if the next judge has better hearing.   

beamerguy

Jomot said:

Update: VCS have appealed the costs order on the grounds that the judge erred in law in determining that their conduct was unreasonable. They claim that he had pre-determined the case and awarded costs on the basis that they continued to pursue it after he had twice requested them to reconsider.  They confirm that they are not appealing the judgment itself, just the costs order.

The Elms Legal report is enclosed with the appeal, and as well as containing some falsehoods - like suggesting I had never responded to the NtK, when I'd actually written 12 times and sent photographs - also makes several references to VCS having complied with POFA and me being liable as keeper, despite VCS having never once suggested such a thing, not even in their Witness Statement, and the NtK stating they were pursing me on the presumption I was the driver.  

Any advice gladly received!

Well look, it is the way of VCS to appeal, it really does them no good. Simon Renshaw-smith plucked his duck when a few years he really blasted a lady judge in Stockport ... "he described the court ruling as ".....an embarrassment to the judicial system" and he made some pretty rude remarks about the judge DDJ Lateef, describing her as "not fit to serve the civil court."
https://parking-prankster.blogspot.com/2017/07/excel-lose-in-court.html
I hope you understand that EXCEL and VCS are headed by this man

The courts are like an elephant, they never forget 
The appeals of late by Renshaw-smith have failed badly and as the Judiciary tends to be "ONE" ....  they will not admit to "erred"

Elms Legal had better be telling the truth ?, from what you say they are not. This will of course harm Elms if they are lying.  

All this means there will be a delay in getting your money and you might be asked to attend whilst the judge rips  VCS apart

I think the courts would agree, VCS/EXCEL is an embarrassment to the judicial system ........ "how do you solve a problem like VCS and Excel and Renshaw - smith"

Coupon-mad

Jomot said:

Update: VCS have appealed the costs order on the grounds that the judge erred in law in determining that their conduct was unreasonable. They claim that he had pre-determined the case and awarded costs on the basis that they continued to pursue it after he had twice requested them to reconsider.  They confirm that they are not appealing the judgment itself, just the costs order.

The Elms Legal report is enclosed with the appeal, and as well as containing some falsehoods - like suggesting I had never responded to the NtK, when I'd actually written 12 times and sent photographs - also makes several references to VCS having complied with POFA and me being liable as keeper, despite VCS having never once suggested such a thing, not even in their Witness Statement, and the NtK stating they were pursing me on the presumption I was the driver.  

Any advice gladly received!

Send a short 'objection to the attached appeal' to the named Judge and point out the falsehoods, and that you responded 12 times and that the PCN was clearly non-POFA and went against the clear warning from barrister Henry Greenslade in the POPLA Annual Report 2015, where he stated that no parking firm can ever be heard to say that they are 'assuming the keeper was the driver'. 

State that the rep actually mislead the court on legal liability and has made false assertions about it in his report.   Attach the page 'UNDERSTANDING KEEPER LIABILITY' from the POPLA annual report (highlighter pen on the line I mentioned above) even though this is not an appeal about the actual outcome!  Do this to illustrate that the unreasonable conduct is continuing, the entire claim has tried to go behind the Beavis case and mislead the consumer and the court, and that given the claimant's actions, the learned Judge was entitled to come to the conclusion that the Dammerman test had been met in this case.


Attach a copy of the first page of their appeal application for reference (keep the original).

Jomot

Thank you Coupon-mad, I feel better already just for reading your advice!   

Just one question, so far the only named judge is the one who made the original decision - I'm assuming you don't mean him, so do I sit tight for now until the court tells me the date & named judge for the appeal?

beamerguy

I do like these "game set and match" posts by coupon-mad
SHE IS RIGHT    a most enjoyable way to get the appeal dismissed

Coupon-mad

No, write straight away because the court might not even write to you and might consider this application behind closed doors. So, put your oar in right now so it wings its way to the court hot on the heels of the application, which ill have bee addressed to the Judge who made the decision.  So yours must be, too.  Be careful only to criticise the PPC and not the Judge for being mislead on the POFA.  Remember they are actually only complaining about having been held to have met the high bar for Dammerman costs, so maybe do a bullet point list of why you agreed with the first Judge.

Jomot

Thanks for clarifying.  The original judge refused them leave to appeal, so I'm completely out of my depth!  
I'll get that done tomorrow & post an update on the outcome. 

Coupon-mad

Well he refused, but they still have to apply via him to ask for the Senior Circuit Judge to review it.  So your objection needs to go to him as well, but attaching the copy of the first page of the application will help him see what your letter is about and not just get put on a 'what's this random letter?' pile!