Claim Form received - VCS - WON - For the second time!

lyndonp59

We have received this today. Is the only real option to accept the telephone hearing i.e. no prospect of a face to face or will that incur a cost? It is a bit confusing as it says we have to write to the court saying if we agree or not to the telephone hearing by 5th November, but underneath it says we have 7 days if we object to the order which is contradictory to the first date of 5th November. Thanks.

D_P_Dance

I see no contradiction,  One is about the steak, the other is about how to cook it.  

Snakes_Belly

I doubt very much if there will be the option of a face to face for a long time.  

Le_Kirk

To my mind 2) says you MUST take some positive action, i.e. by 5th November write and agree to the trial hearing being by telephone whereas 3) says IF you object to the order, you must apply for it to be set aside within 7 days.  If you agree to the telephone hearing, write and say so, if you object, apply for a set-aside.  Doing nothing is not an option.

lyndonp59

D_P_Dance said:

I see no contradiction,  One is about the steak, the other is about how to cook it.  

What would the options be then please, may be obvious to somebody like yourself familiar with such protocols but unfortunately not to me who is dealing with this for the first time and trying to learn as I go along.

Ralph-y

try

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Coupon-mad

lyndonp59 said:

D_P_Dance said:

I see no contradiction,  One is about the steak, the other is about how to cook it.  

What would the options be then please, may be obvious to somebody like yourself familiar with such protocols but unfortunately not to me who is dealing with this for the first time and trying to learn as I go along.

At the moment almost all hearings are by phone and if you want it over and done with, obviously agree, and read the TELEPHONE HEARINGS thread.

nosferatu1001

Of course they don't contradict 

the 5th date is to say if you agree OR NOT to a telephone hearing.  

If you object to being ordered to make this determination, then you have 7 days to raise that obj3ction 

lyndonp59

Coupon-mad said:

That WS is too long and needs you to cut back on the repetition.  Go through it and cull it.

Remove this phrase as it's not correct to use the term 'struck off' and adds nothing because your case is not going to be struck out:

 And is an abuse of process for which the Claimant has been warned by judges and cases struck off.

You mean 'unsure' here (also why the heck did you pay for some random 'appeals' company to do this instead of coming here, free? And where are they now, given you threw wasted money at them?

9. As I was sure how to go about this process when I was knowingly innocent I used an internet based company to correspond

Your WS mentions (quite rightly) Excel v Smith and Excel v Lamoureux and VCS v Quayle but doesn't append the transcripts as exhibits, even though they are freely available in the Parking Prankster's case law pages.  You need to append them.

The answer here is the Consumer Rights Act 2015:

31. The Claimant’s claim states they are also claiming for contractual costs, however, in order for this to be valid it must be clearly stated on the Terms and Conditions signage along with the said value of the contractual costs. Therefore, being as neither any mention of recovering contractual costs is stated, and more importantly, the value of such a contractual cost, the claim for contractual cost is invalid and cannot be claimed. What is the law/act to confirm, this??????????????????? 

Remove #48 right through to #53  (inclusive, yes all of it).  That stuff is old and is worded better in the example WS in the NEWBIES thread - there is only one.

Thanks for the comments C-M. I have taken your points on board, removed and re-jigged and this is now the new WS draft with the 3 transcripts appended at the end. Im your opinion is it OK?

Couple of questions:-

1. Should i include anything in the abuse of process paragraph about the fact VCS have had cases dismissed for abuse of process including the two Caernafon cases? I had it in the original in the section which needed to be removed and replaced.

2. I took out the Beavis section I had and replaced it from the Newbies WS one. I have amended point 35 as the example one referred to paid parking but this car park was free. Is it ok as amended for free parking i.e." no charge"?

1505grandad

Some observations:-

Para 9  -  "If our client successfully obtains a County Court Judgement ("CCJ")........."

did BW Legal really state "Judgement"  -  there is no middle "e" in this context.

"The Claimant’s breach of mandated Codes of (Practise) and ruling Act

"

typo  -  (Practice)

Para 33  -  not sure that this is correct  -  " Excel Parking Services Ltd are a separate legal entity registered no. 02878122 and as such do not have the legal right to obtain details from DVLA and therefore obtained the details under false

pretences, illegally." 

especially as the para starts:-

"In the blown up photo of exhibit XXX-08 it clearly states “If there is a breach of these terms and conditions Excel Parking Services Ltd may request the registered keeper’s details from the DVLA to trace the driver responsible for the breach”"

Did you follow the advice of Umkomaas 30.9.20 at 5.11pm?

https://forums.moneysavingexpert.com/discussion/comment/77638437/#Comment_77638437

"Find out from the DVLA which companies accessed your data for the parking event. 

You should email them and ask which organisations (when and for what reason) accessed the registered keeper's data between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. "