JLA "Stopping" Charge

Coupon-mad

Cheques last 6 months. No need to do anything with it in a hurry.

Router66

It all comes down to how bolshie you want to be.

Just to be clear, I have been helping a family member who is the defendant and is too busy with more important things he has to deal with in his family life. Nevertheless he follows the forum posts (he is not a forum member) and attended, as the defendant, in the first hearing that was adjourned. The court awarded the attendance and travel costs to him.

On his behalf I can say that he does not want to be "bolshie"...he wants VCS to go away so he can make up for the three plus years of sleepless nights that have plagued him and his family. Today he had to attend a hospital appointment so I am responsible for posting the proposed Email to VCS, seeking to inflict as much inconvenience as possible on them. Even then, it would fall way short of the worries that have been inflicted by VCS pursuing his employer for payment sending threatening letters that promised court action if their trumped up charge was not paid within 24 hours.

My proposed Email did not meet his approval – he was bigger than that and sees it important that the next judge does not view him as petty, which might give VCS a lifeline. The claim for interest @2p per day has now been removed since it served no benefit; however he was happy to retain the 50p shortfall point since this has the hallmark of VCS mentality and is also a fourth breach of the court order...therefore more likely to help his case than hinder.

All the contributors to this thread have raised valid points, based on the information given; it is hoped that this explanation meets common approval.

Coupon-mad

Yep - we get you and where the Defendant is coming from. It is their case and they must be comfortable with the submissions they are making.

Router66

Exactly Coupon Mad...Thank you!

Router66

To save re-reading the thread...The defendant went to court, but the hearing was adjourned to early November because the VCS bundle was not paginated.
The court form N24 ordered that VCS must serve a hearing bundle paginated in number form with an index and must include the defendant’s evidence filed on 10th June 2022.

The defendant’s own bundle was criticised for not being paginated and deemed to be of epic proportions; however only the claimant was ordered to paginate, index and re-file.
The defendant’s Witness Statement contained 33 pages all of which were paginated and indexed, achieving forum approval. What the defendant failed to paginate was 39 appended pages which were indexed as:

The below appended pages consist of:

• VCS/Liverpool Airport Ltd. Contract for the period 8th July 2013 to 7th July 2015 (8 pages)

• Un-cropped Google Street View Signs showing Capture Dates of images used in the Witness Statement which were cropped, (taking out the capture date) to fit the space available and optimise readability. (6 pages)

• Transcript of J. SPURLING LIMITED -and- BRADSHAW ((11 pages)

• Transcript of FRANCIS CHARLES WILLIAM THORNTON and SHOE LANE PARKING LIMITED (10 pages)

• Transcript of Vine v London Borough of Waltham Forest (4 pages)

The defendant has now received the new bundle where the claimant's evidence section between pages 18 to 30 has been re-paginated by overwriting a previous number to the extent that the page number is now illegible.

In compliance with the court order the claimant has included the defendant’s bundle in their own bundle and has re-paginated the defendant’s bundle. So, for example, where the defendant’s bundle makes a point on page 15 and refers the reader to pages 14, 22 and 23, page 15 is now page 74, page 14 is now page 73 and pages 22 & 23 are pages 81 & 82.
Furthermore, the judge from the first hearing was already groaning at the defendant’s 81-page bundle; we now have a 131-page bundle that is more confusing than the previous bundle.

Any ideas as to how we sort this out before the November hearing would be very much appreciated.

Grizebeck

What is it you want to sort out...

Coupon-mad

I think you will have to go through your WS copy (in readiness for the hearing) and where it refers to 'page x' make a note that this is now 'page y'.

Make YOUR copy a good one, so that you can take the Judge immediately to the correct page at the hearing and if criticised or tutted at, politely sigh and say 'Sir/Madam, I had no control over this; sadly it was caused by the Claimant overwriting and obliterating page numbers when ordered by the previous Judge to paginate the whole bundle because (despite having a legal team) the Claimants turned up to the first hearing with an unpaginated bundle, wasting my time and that of the court'.

Router66

Hi@Grizebeck;
Well, the defendant doesn't want to go to court with their bundle being disorganised by the claimant; how is this prevented?
Also, the claimant has done a very shabby job of paginating their own bundle to the point that many page numbers are illegible. Given that the claimant is already in breach of 4 court orders, could this be considered a 5th and if so, shouldn't there be sanctions?
   

Coupon-mad

See above, we cross posted I assume.

Le_Kirk

Grizebeck said:

Fruitcake said:

It all comes down to how bolshie you want to be.

I would use the law to get every penny I was owed, and cause maximum disruption to the PPC in the process, but not everyone is like me.

Router66 said:

If I thought that was the case then I would agree with you, but I have read other threads where they have short-changed defendants. 
It is not about 50p it is about breaching 4 court orders. 

A judge may not be to inpressed.....

If the judge had wanted VCS to pay £94.00 that is what he/she would have written on the order not £94.50.  Also VCS reneged on the deal to pay by bank transfer.  In my opinion claimants and their solicitors get away with far too much; there is a principle at stake here and not just 50 pence!