Surprise CCJ - Flora St Sheffield Restricted Area - VCS / Elms Legal

1505grandad

"..................I found it in my spam folder.

Upon the parties having consented and agreed to the terms set out below: -

1. The judgement dated XXXX be set aside

2. The claim be allocated to the small claims track

3. No order as to costs."

As a matter of interest is that a copy and paste of the email or have you typed it?

Supraman15

@nosferatu1001 This is not the only defence to the underlying claim, I have made quite a few points in my Draft defence earlier in the thread. Most notably I have linked a case number of someone else who had won their case against VCS for the same car park and same 'restricted area'. The judge ruled that the area is not marked as restricted (as other areas just metres away are marked, such as loading bays)

Supraman15

@1505grandad
I had typed it, I see now that I have misspelled 'judgment'

Coupon-mad

Supraman15 said:

@nosferatu1001 This is not the only defence to the underlying claim, I have made quite a few points in my Draft defence earlier in the thread. Most notably I have linked a case number of someone else who had won their case against VCS for the same car park and same 'restricted area'. The judge ruled that the area is not marked as restricted (as other areas just metres away are marked, such as loading bays)

You sound well prepared and I hope you get the £255 ordered back against them, so they have to pay your costs.

The consent order draft probably works with some people who are scared of the hearing.  Ignore it.  You don't have to respond to that last gasp desperation from the Claimant who knows that service of their claim was defective.

Supraman15

Thanks @Coupon-mad

Without you guys on the forum I would have been bricking it and probably would have had no chance of getting the set-aside let alone any defence against the original claim

Supraman15

I'm now finalising my bundle to send to the courts, I had sent this to elms a few days ago who chose not to comment on it.
I'm thinking of adding a few extra documents into it to make double sure, I'll write a note to say that this has been amended since showing the claimant if necessary.

I was just looking over the original docs that I received via a SAR and it clearly states that the contravention date is 10/12/16 and the issue date of the "Parking charge notice - Notice to keeper" is 16/12/2016 (don't they have to leave it 14 days before sending a NTK? ). One of the notes on the pdf that their data protection team sent over says "driver accepted pcn white male" however there was never any physical ticket affixed to the car (their own photos of the vehicle show this).

On the NTK there is also no specified length of stay other than "This charge relates to the period of parking (including remaining at the Car Park/Site) immediately preceding the Contravention Time specified in this Notice" 

The contravention time is written as 13:55 which is a full 10 minutes later than the time stamped photos - do they need to prove that my vehicle was present at the written contravention time and beyond?

The postcode for Flora st retail park is incorrect (might be a stretch to say wrong postcode therefore wrong land?)

Someone correct me if I'm wrong but POFA  states that:
9 (2) (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

Redx

no they dont have to comply with POFA, its not mandatory, maybe it should be , but its not and VCS definitely did not comply with POFA in 2016 , I dont even think they do so in 2021 !!!

so they have 6 months to obtain keeper details and one month to get the pcn to the keeper

if they were to comply with all aspects of POFA , one aspect is if a windscreen pcn was left for the driver (NTD) or not

if NO they have 14 days to get the NTK to a keeper to comply with the time limits in POFA

if YES they have to wait until day 29 and then get the NTK to the keeper by day 56 following the contravention date

but there are several POFA hurdles in wordings and warnings as well, not just timelines

Coupon-mad

You can't (MUST NOT) add more evidence to a WS that is different deom the one you sent to Elms, if that's what you mean. 

But you can just copy Elms into the one you email to the local court and state that it is the final bundle for the set aside hearing on xx/xx/2021

nosferatu1001

THey dont have to wait 14 days. In fact, 14 days is never a length of time as a minimum, anywhere, so you have totally misunderstood POFA. 
If there was a PCN on the vehicle, then to meet ONE requirement of holding a keeper liable, they must wait 28 days to access the Keeper database. 
However theyre not saying a PCN was left on the car
It says driver accepted, so they are trying to claim they handed the PCN to the driver. 

Supraman15

@Coupon-mad
Yeah that's what I'll do, amend a couple of things and sent it to both Elms and the Court