Southend Airport no stopping

valrossi

Yes, looks like I made an error there, or badly explained. I did not receive a PCN or initially any letters, just a NTK. I appealled and received a letter stating I could not appeal as it was the driver who was responsible. That is what I was trying to say and why I left Coupon mads paragraph in. 

valrossi

Well time has caught up again. I have a court date for a hearing in this case of 27th January 2021. WS to be served no later than fourteen days before. I have been working on it and have a first draft. I wonder if the usual suspects could have a look over and give me opinions, suggestions etc. I am working on the list of documents and can post them if required when I have finished organising the bundle.

Thanks in advance.
  

Coupon-mad

First rule - do NOT name your wife if she was the driver!  If they fail with this claim, they could feasibly serve a LBC to her as driver.  And they'd have her first and surname and your address for service.  Or do you mean neither of your drove and a relative came to get you? If so, say so but don't name the diver.

Remove #11 and all the commentary above it that lists all the letters you got - pointless.  And don't exhibit the claim form nor repeat it.

You've missed all the usual stuff we say about Semark-Jullien and ParkingEye v Somerfield, as shown in the only exempt WS in the NEWBIES thread.  You've been away so long you've probably not read about the Semark-Jullien appeal and probably don't know that VCS will send a rep who will pretend you didn't serve this WS and evidence to them...

You also missed your chance to comment on the Government framework and planned new Code of Practice in October, unless you were watching the forum.

valrossi

Blimey, thanks for the very quick response.

My wife wasn't driving either, She was going to say that in her statement.  I'll check out the references you mention. I have seen the comments about VCS  denying receipt, I was going to send by post and email.

valrossi

I have had a look at the newbies witness statement you have mentioned. It appears to answer a statement received from the other side. I don't have one yet. I only have the claim form, hence why I recorded it.

Coupon-mad

But you both have the same filing deadline so you will likely get it. 

Also, you know from all the other VCS threads, what their template WS and evidence they always trot out looks like, and that it will mention VCS v Ward, and how to respond to that dreadful case and get your Judge to see that is far from persuasive and just a dreadful decision.  Your WS should be based on other threads like yours.

nosferatu1001

Basically the above

You still aren't realising your case is identical in key aspects to others. VCS trot out the same arguments each time, because it's cheaper for the,  

valrossi

No, in fairness what I meant was. I realise they trott out the same arguments.  I did try to apply that to my statement, hence my use of Beavis, it seems to work for my circumstances.  What I meant by not having received their statement was in the example in the newbies post the statement mentioned received photographs etc.

valrossi

Can you tell me if PCM V Bull is still a current case to use.
I have spent about a week working on my Witness statement and thought I had done quite well. How wrong I was, I'll keep reading.
Thanks

Umkomaas

Staying away from interacting with the forum for over 9 months is not recommended when a court case is imminent or inevitable.  Now there's little more than 9 days left. Possibly can be rescued - but will need lots of dedication and effort.