East Midland Airport PCN notice case in local court

Jenni_D

If the claimant is able to file and serve additional documentation in respect of their claim, you should be able to file and serve a Supplementary Witness Statement to counter their additional information. At that point you could include commentary about Excel v Wilkinson. Either way, make sure it's on your crib sheet ready for the next hearing.

Snakes_Belly

Did they use DRP or Zenith debt collection agents?

Rameshlcc

Morning everyone
I am going to study on unreasonable behaviour costs, CPR27.14(2)(g)? see what is that and how to present to judge.
Snake_Belly I have no idea whether it is DRP or Zeneth. Only information I have from CW statement it was from VCS own office dept.
Jenny-D I am going to wait for VCS next move as judge has not given any directional advice on submitting any further evidence. If they decide to file and serve additional documentation in respect of their claim, I am going to file and serve a Supplementary Defence Witness Statement to counter their additional information. Any information VCS submits they have to send me the copy. I am surely going to ask for your help if I am stuck.  

nosferatu1001

Yes, that is the part of the CPR that allows you to be granted costs on the Small Claims Track. 
Erm. DRP and Zenith are the same company. You know this, if you read the entire Zentih letter. Why dont people read the docs in front of them?

D_P_Dance

This may help you.

https://en.wikipedia.org/wiki/Reasonability

Is your MP on side?

Rameshlcc

The CW statement was sent by VCS litigation dept. At the telephone hearing the judge made it clear that due to time limitation he is not going to conduct the case but only going to see if any agreement can be reached which can avoid full hearing. The rep of VCS did not identify any position as solicitor therefore I can only assume he was from VCS litigation dept. Now I have to see who will be at the hearing which is video calling. I have requested for face to face hearing after lockdown giving reason I am carer for my wife and I cannot get anyone to look after her during the hearing. Judge has indicated around May 2021 video hearing but he will make a note about my carer duty. .  

Umkomaas

The rep of VCS did not identify any position as solicitor therefore I can only assume he was from VCS litigation dept. 

Any name mentioned, Jake Burgess maybe?  He's the VCS paralegal. 

Snakes_Belly

DRP and Zenith are collections agents that are used by VCS. They work on a no collection, no fee basis and are the same set up. Their web page (before they altered it) stated that they were only paid if they collected the claim. This helps with the abuse of process argument if you have received any letters from them.

It also helps to argue the Kumar case which VCS use regularly in their WS to substantiate their case. The point is that in the Kumar case the contract was in writing and the monies had actually been paid.

You may not have received letters from these companies however we do see them regularly on the forum. 

Just trying to help as someone who has also fought a case against Excel/VCS.  

Rameshlcc

D P Dance my MP Mr Edward Agar is waste of time. There is issue in locality for which we residents are asking for his help since Nov 2020. We have sent him numerous e mails and recorded delivery letters but he is ignoring all. He has no decency to contact us to at least acknowledge the receipt of recorded delivery letter.. His secretary only states that she has passed the information to him who will contact us. I believe he is only interested in publicity not to work for constitutes.

Snakes_Belly. The judge from outset informed us that this is not a final hearing and he pointed out that this case is not straight forward of parking charges. He is already running late and all he wanted to see if both parties can agree to settle to avoid to go to final hearing. On hearing this, CW stated he has been misinformed that this is final hearing and it is parking charge case. As far as I can remember he did not revile his capacity as appointed by CW from any organization. The judge Mr Smith conducting the hearing stated that he is not sure on the basis of the signage the contract exists in this case and there is no mention of mitigating circumstances or any Bylaws in the CW statement. If claimant decides to persuade further than they have to give evidence that the contract by way of signage states NO stopping even in emergency exists. I have fulfilled obligation by providing the proof of  the parking fee paid at the time, VCS cannot argue that it is parking charge and there is nothing on the signage to confirm any condition what to do in case of emergency. I will still keep your suggestion of DRP in mind. 

UmKomaas Name was not mentioned at hearing but on claim form submitted on 24/7/2020 it states Jake Burgess as claimant' s legal representative.

Umkomaas

Paragraphing to make this readable?