Parking Charge Notice - Vehicle Control Services Ltd

sc-uk

As I thought, so I am unsure as to why I've not received anything.

Yes I served my WS to the court AND to the claimant (they discontinued their legal representative sometime a go).

Redx

Make it a preliminary matter , to the judge , at the start , if the hearing goes ahead

But check if the court has received their WS first , asap

sc-uk

Thanks, I will call the court in the morning to check that all paperwork has been received and is in order.

Coupon-mad

And ask if they paid the hearing fee, or have they discontinued and not told you?

sc-uk

So the trial fee has been paid -  they want to see this one through to conclusion. The WS was served to the court but hasn't be served on me. I will mention this to the judge but I doubt it will have any bearing on the case.

Redx

Bring it up as a preliminary matter , they have failed to comply with the court order , so ask for their WS to be struck out due to non service , legal teams have no excuses

Coupon-mad

sc-uk said:

So the trial fee has been paid -  they want to see this one through to conclusion. The WS was served to the court but hasn't be served on me. I will mention this to the judge but I doubt it will have any bearing on the case.

Yes it will.  This is a major failure.

File and serve now (right now) a signed and dated supplementary WS that states that the Claimant’s witness statement/evidence has not been served and this they have failed to comply with the Hearing Order.

At the date of signing this statement you have seen nothing by way of evidence to support the Claimants’s case and rang the court on xx-xx-2021 believing they may have discontinued. To your alarm you discovered that the Claimant has filed something you have not seen, to the court only.

You want this supplementary witness statement placed on the file for the Judge to see and you have duly copied it to the Claimant, who should not be granted relief from sanctions due to the effect on the Defendant of this unreasonable conduct.

Also mention and attach PROOF (screenshot of sent email and recipients) that you DID comply and filed and served your own WS and evidence in a timely fashion.  You need to state this, in case the C responds and tries to accuse you of the same trick as they played (not joking, it happens and a Judge might decide you are both playing games even though you are not).

We’ve seen reports time and again, literally a pattern of conduct, that VCS use this as their favourite trick in court. They get their rep to say they never received the Defendant’s WS or evidence.  DO NOT LET THAT STORY WORK.

(in the subject line of the email, include the claim number AND date and time of the hearing and the word URGENT).

If the Order has asked for your phone number by x date before a telephone hearing, do that separately and not copied into the Claimant as you don’t want them having your phone number!

sc-uk

Thank you for that extra information, I did submit the supplementary WS as you suggested, and put in an exhibit as proof of e-mail delivery (both to the claimant and court).

 

I have received correspondence from the Claimant stating that in reference to the supplementary WS they DID serve their WS via first class post. Well I certainly never received this. Anyway they also attached it electronically for me too, so this is my first sight of their WS. Shall I upload it (redacted)?

 

Also the court has advised that the case has been stood out due to the court being over-listed, so I have a bit more time as they have not yet advised a revised trial date.

Le_Kirk

Also the court has advised that the case has been stood out due to the court being over-listed, so I have a bit more time as they have not yet advised a revised trial date.

Did the court say "stood out" or maybe "stood down"?

sc-uk

The e-mail from the CC that I received stated 'stood out' but the letter that I recieved in the post today states that 'the hearing on xx.09.21 is vacated' and 'The case will be relisted .... date to be fixed by the court'.