Another EMA VCS No Stopping Fine!!!!!

Coupon-mad

This is already in the defence and will be something they have to supply with their WS.

SkyWhy

@Fruitcake do I need to do this by posted letter or am I ok to email my request to the email address they supplied in the N434 Notice?  Is there a template letter for this you can direct me to?

When I went through the initial appeal process I spoke with the hotel reception manager about the alleged event.  They said there was little they could do.  I didn't know at that point that I was actually within the hotels legal demise when the alleged event happened and hadn't come across this forum at that time.  Is it still worth writing to the hotel chains CEO at this point?

Fruitcake

It is never too late top get a landowner cancellation.

If you used the template defence, then you will already have stated no landowner authority, and put the claimant to strict proof that the contrary is true, meaning they will need to provide a copy of the contract with or flowing from the landowner at the WS/Exhibits stage.
If they fail to produce a copy of the contract, then you say so at the hearing (and in your WS if you receive theirs first) that they have failed to prove they have a contract to operate at the site.
If they do provide it, then you need to go through it with a fine tooth comb to see with whom the contract has been formed, and whether it does or does not permit them to issue PCNs and court claims against hotel patrons. You then put that in your WS if you get theirs first, or you bring it up at the hearing.

SkyWhy

Hi all, it’s been a while and I have screwed up and need your further support please 🙏

I received the emotive of allocation to the small claims track (hearing) and did not send my witness statement and documents to the court or the claimant by the deadline which was 4pm 8th September. I have just realised today I had to do it! 

Is there anything I can do at this stage to mitigate my error? It is worth noting that since receiving the notice I subsequently received a letter from VCS which I will attach for reference but I have not received their witness statement or documents. Does this mean they have dropped the case? How do I find out if that is so? 

As always any feedback will be greatly received. Thank you. 

Coupon-mad

So, just get it emailed today to the local court (NOT THE CCBC) and copy in the legals for the Claimant.

By 'it' I mean a bundle (including numbered exhibits and a costs assessment) that you can copy and adapt in two hours flat right now so it's with them early afternoon.  Just do it, is the advice.

Copy & adapt the bundle shown in the thread by @Daiapolon2021

SkyWhy

Thank you. What does CCBC mean? 

Is there any hope in the fact I haven’t received anything from the claimant? 

SkyWhy

Coupon-mad said:

So, just get it emailed today to the local court (NOT THE CCBC) and copy in the legals for the Claimant.

By 'it' I mean a bundle (including numbered exhibits and a costs assessment) that you can copy and adapt in two hours flat right now so it's with them early afternoon.  Just do it, is the advice.

Copy & adapt the bundle shown in the thread by @Daiapolon2021

How do I access that thread please?  Sorry it's not the easiest forum to navigate if one doesn't use it everyday.

Jenni_D

Click on the name
Click on the Discussions link where you'll find the only thread that user has started
Read the thread (start at the end and read back) until you find their link to a copy of their WS bundle (probably a dropbox link)
Download a copy and use that as the template for your own WS bundle - DO NOT just copy it and use it word-for-word! Adapt it to suit your own defence and circumstances

CCBC = County Court Business Centre, where your defence was sent, an office that does the initial processing of claims. Once a court is allocated then the CCBC is no longer in the picture - all communications should be with the nominated court.

SkyWhy

@Jenni_D thank you so much and thank you to all of you for helping with this along the way. You have created an amazing forum and I am grateful and appreciative. ❣️

SkyWhy

Jenni_D said:

Click on the name
Click on the Discussions link where you'll find the only thread that user has started
Read the thread (start at the end and read back) until you find their link to a copy of their WS bundle (probably a dropbox link)
Download a copy and use that as the template for your own WS bundle - DO NOT just copy it and use it word-for-word! Adapt it to suit your own defence and circumstances

CCBC = County Court Business Centre, where your defence was sent, an office that does the initial processing of claims. Once a court is allocated then the CCBC is no longer in the picture - all communications should be with the nominated court.

@Jenni_D unfortunately the link doesn’t work for me. Are there any other WS templates/bundles I can dig into?