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

Fruitcake

Do you have proof you sent your WS, and that it was received by both the court and the PPC? All this helps to show that as a litigant in person with no legal training, you have complied with the court protocol and court orders whereas the claimant's solicitors have failed to do so, putting you at an unfair disadvantage.

Doddle1

Fruitcake said:

Do you have proof you sent your WS, and that it was received by both the court and the PPC? All this helps to show that as a litigant in person with no legal training, you have complied with the court protocol and court orders whereas the claimant's solicitors have failed to do so, putting you at an unfair disadvantage.

I have proof of posting - should I have telephoned to check that they received it?

Fruitcake

Proof of posting is good enough since the Interpretation Act assumes it would have been received by the second working day after posting if sent first class, or four days after posting if sent second class.
In other words, the law says that since you have proof you sent it, the PPC must have received it.

If on the other hand you emailed it and the court received it, then on the balance of probabilities, the claimant must also have received it.

Doddle1

I still haven't received a WS from VCS and my court date is 14th June! I've emailed the court to let them know that I haven't received anything and therefore I believe they are in breach of the court order as they should have sent the documents by 31st May ie 14 days before. Tactics by VCS or incompetence?

Fruitcake

"Tactics by VCS or incompetence?"

Possibly both. They might have sent it to the court, and then possibly claim they did send it to you.

Coupon-mad

You will need your proof of posting because we've seen countless cases where, at hearings in front of Judges, VCS reps are instructed to say that the Defendant's WS was never received.

If they get away with that, it then looks to the Judge like both are as bad as each other.

Doddle1

I had my hearing today and lost unfortunately.

The Judge rubbished each of my points especially that I wasn't liable as the RK under POFA as he didn't have a copy of the airport byelaws. He said he'd been to Liverpool airport many times and had never had a problem following the signs and in fact he'd dropped someone at Manchester airport yesterday and paid the £5 fee which he said condescendingly was very annoying but necessary. He seemend to hail VCS as wonderful for keeping the traffic flowing and avoiding obstructions!

I tried to discuss that the signs were misleading and illegible and didn't constitute a contract but he said I wasn't the driver so he couldn't hear any evidence about that from me!

He also said that the contract between VCS and Liverpool airport was fine.

He gave me the option to negotiate a settlement based on combining the two cases and given that he'd just told me how weak my case was I took it. 

I've been ordered to pay £317 for both PCN's which is £60 each plus costs. To lose both cases would have cost £490 and at least now it's over and I never have to think about VCS ever again - hopefully!!!!!!!!!

  

Umkomaas

I tried to discuss that the signs were misleading and illegible and didn't constitute a contract but he said I wasn't the driver so he couldn't hear any evidence about that from me!

On that basis why is the Judge holding you liable?

Coupon-mad

The Judge rubbished each of my points especially that I wasn't liable as the RK under POFA as he didn't have a copy of the airport byelaws. 

Clueless and wrong in law.  Which court and which Judge?

Doddle1

District Judge Sanderson at Chester Court. I feel really let down by the process, it shouldn't be a Judge lottery but it is and I was unlucky. Hey ho it's over now so I probably won't be making my daily visits to check the forum! Thanks so much to everyone for their help and support - I gave it my best shot but didn't stand a chance unfortunately.