Being taken to court for two PCNs from VCS for stopping at Liverpool Airport in 2018

DisruptiveLad

Here's your defence: VCS have attempted to obtain a financial advantage from me by falsely representing a legal fact - that the land at LJLA is private. This is a criminal fraud under Secs 2 and 3 of Chapter 35 of the Fraud Act 2006. Discuss.

KeithP

DisruptiveLad said:

Here's your defence: VCS have attempted to obtain a financial advantage from me by falsely representing a legal fact - that the land at LJLA is private. This is a criminal fraud under Secs 2 and 3 of Chapter 35 of the Fraud Act 2006. Discuss.

OK, here's my input to the 'discussion'...

1) Please confirm that the land at LJLA is publicly owned.

2) It really isn't a good idea to accuse anyone of fraud in a pleading.

Coupon-mad

NEVER use the word fraud.  Look how that ended in Norma Wilshaw's case

Doddle1

Hi,

I’ve received two “Notice of Allocation to the Small Claims Track (Hearing)” documents.

The first hearing is on the 14th June (Unless the claimant pays the fee by 17th May or file a properly completed application). The second is on the 13th September so I’m going to focus on the first one for now.

I’ve re-read the Newbies thread and followed all of the posts relating to VCS and airports, especially Liverpool. I’ve drafted a Witness Statement (using the templates, forum advice and other peoples WS’). It’s a bit wordy as I’ve tried to cover every point I’ve read about! I’d really appreciate some feedback please.

Can I just clarify a couple of other points before I upload my WS?

1) There’s nothing on the Notice of Allocation to tell me where to send the WS - do I just Google the Court email address or should I print it and deliver it in person?

2) I’m guessing that I’ll won’t receive the WS from VCS until the last minute so I’ll have to submit mine without seeing theirs? I’ve got the original PCN etc as they responded to my SAR but I’ll just have to anticipate their arguments.

3) Is there any advantage to sending VCS my WS early in the hope that they’ll back down ie before the 17th May? I have witness statements from the passengers to state that I wasn’t the driver so hopefully that evidence will put them off!

4) Can I email my WS to VCS?

5) VCS sent me another letter on 7 April offering me a reduced settlement charge of £192.50 - it doesn’t seem like much of a deal so I’ve ignored it!

 Thanks for reading and for all of your help.

    

Doddle1

The original NTK shows photos of the car stopped for 22 seconds on white zigzag lines by a (deserted) zebra crossing and two passengers got out of the car. I wasn't the driver. 

Coupon-mad

Yes
Yes
No!
Yes
Correct to ignore.

If both hearings are about PCNs with the same facts, email the court straight back and point out the duplication, asking that claim xxx be consolidated with claim xxx and only one hearing be set.   The Claimant has failed to being their entire case as one claim and this is an abuse and causes extra work, time and money for everyone, and you ask that a Judge reviews this email and either orders a single hearing instead to save court time, or strikes out the second claim.

Doddle1

Thanks very much for the answers Coupon-mad. .

They're similar but not identical. The first PCN showed that the car was stopped on white zigzag lines and the second four days later it was stopped for 14 seconds on double red lines (I think they were in a similar area). I was definately not the driver the first time but may have been the second time. Do you think they similar enough for me to email the court? 

Coupon-mad

Yes. Same claimant, defendant, car, location, basis of charge and rationale.

Doddle1

I've emailed the Court - hopefully they'll see sense. In the meantime I've tried to copy and paste my WS but it won't let me post it - the message says there are 17000 characters too many! It's probably too long as I've pulled in lots of paragraphs from other peoples good work which I think are useful and similar to my case. If I can manage to post it I'd be grateful for someone to have a look and let me know which paras are relevant and which aren't adding anything. 

Should I copy and paste it in sections? I read somewhere about converting the file to something else but I can't seem to find the post. 

Thanks.

KeithP

Post it over several posts. It really is that easy.