East Midland Airport PCN notice case in local court

Rameshlcc

Following telephone hearing, received notification from court. I need advice/clarification on the content of the instruction. further instructions I have received  from court on 19/2/2021 as follows:
Next hearing on 5/8/2021 over CVP.

On 12 February 2021 Deputy District Judge Smith considered the papers in the case and Upon hearing Counsel for the Claimant and the Defendant in person

IT IS ORDERED THAT

Unless the claimant does by 4.00pm on the 8 July 2021 pay to the court the trial fee of £25.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 8 July 2021 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

(The trial fee is fee 2.1 in the cunent Civil Fees Order).

If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out.

If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee or application for help with fees.

The trial fee is non refundable. If parties settle before the trial fee is due, the trial fee will not be payable. If a consent order settling the matter is requested after the trial fee has been paid, the consent order fee will still be payable.

1) if the claim is stuck out will I automatically entitled to my costs or do I have to make counterclaim?

2)Will I be able to add further additional costs incurred due to second trial? 

3) Do I understand correct that if VCS decides to submit another bundle, they have to provide me a copy before 8/7/21 in order for me to attach any supplementary bundle with additional information?

 

Coupon-mad

Rameshlcc said:

 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. 

Just reminding us all that this followed the above short preliminary Directions Hearing.

I suspect VCS will discontinue because they won't be able to show that the byelaws don't allow for emergency stops (because Airport Byelaws do...).

nosferatu1001

You can absoilutely apply for your costs, including the first hearing costs.

KOTER002

Hi Guys, 
Sorry for not updating my PCN notice by VCS. I was suspended by mistake from the forum. 
My short history regarding PCN notice by VCS at East Midland Airport for those who ar reading for first time. I received PCN in December 2019 for stopping on Red Route for 40 seconds as my taxi stalled. Vehicle control Service used all the tricks up their sleeve to avoid going to court. I was aware of the Airport Bylaws at EMA. The Bylaws clearly states that "if a vehicle is stationery for less than one minute on Red Route for genuine reason (breakdown or similar situation) then it is not regarded as parked on the spot where it has stopped. Paragraph 4 (4).see Bylaws copy attached.
On 07/01/2022 at hybrid hearing (I was present ast hearing in person and VCS solicitor was on video link). When starting the case the judge asked VCS solicitor if they were aware of Bylaws which was in force at EMA specially condition 4 (4). VCS solicitor reply was it is advisory Bylaws by Government NOT mandatory. When Judge asked then why is the Bylaw in force at EMA by Secretory of State The x=solicitor could not answer. The Judge advised VCS solicitor the Bylaw is there to protect the public from firms like you. She dismissed the case. When the solicitor tried to obtain permission to appeal against her decision, she refused.
The moral of the case is when you receive PCN it is not enforceable by Law. VCS who is manning parking at EMA has to go through court to succeed. Their so called alternative dispute resolution solicitors are VCS own solicitor. Do not accept thier judgement as final judgement. Remember if you stop on Red Route at EMA and any other airport check if airport Bylaws exhist when you receive PCN. If it does and you have stopped for less than one minute for legitimate reason including if you are lost or could not find car park, challenge it in court and quote3 my case of 07/01/2022 at Leicester County court as defence. .
  . 

Fruitcake

Well done, and thanks for letting us know. Your result is in direct contrast to some of the negative comments you got initially. 

I especially liked this quote from the judge in your case,

"The Judge advised VCS solicitor the Bylaw is there to protect the public from firms like you."    

Half_way

Might be worth contacting the local media, such as Leicester Mercury:

 https://www.leicestermercury.co.uk/contact-us/

EMA stories are also covered by the neighbouring Derby Telegraph, and Nottingham post.

Coupon-mad

Yay!  Well done!

ANOTHER VCS AIRPORT ONE BITES THE DUST!

KOTER002

Thanks for your suggestion Half-Way.
I contacted all of them. Their journalists are not interested any local stories like this which can help ordinary people to get confident to fight rouge businesses like VCS  They want spicy stories like war in Ukraine or babies dying in hospital; Boris Johnson breaking Coved -19 rule etc. Give them lead to any murder stories or corruption stories and they will come in a flash. I also contacted journalist who covered the woman's story who received PCN at EMA at petrol station in 2019 which she successfully fought in the court. The journalist replied that he will pass my story to another journalist to cover. This was in January 2022.I am still waiting Nottingham Post and Derby Post journalist to contact me. .  

Le_Kirk

KOTER002 said:

Their journalists are not interested any local stories like this which can help ordinary people to get confident to fight rouge businesses like VCS  

Is that businesses that sell make-up?  You made me larf but I think you meant rogue until the spell checker changed it for you!