VCS Fluttering Ticket / Valid Permit - We won...

Snakes_Belly

"Vine - I knew Miss Vine won on appeal, but it has always confused me as to why PPCs mention it, I assume just to mislead."

I think that they take a statement out of the first hearing because it suits their agenda but it's out of context of the case as a whole.

You can contradict their WS in yours as you would not have seen it when you wrote your defence. 

When I looked at the business park I did not see a single VCS sign. 

KeithP

Just a very small point... but I cannot see any page numbers on your Witness Statement.
Every page needs a number. I guess they probably all do have a number as your index uses them, but just in case...

Lagroid

KeithP said:

Just a very small point... but I cannot see any page numbers on your Witness Statement.
Every page needs a number. I guess they probably all do have a number as your index uses them, but just in case...

You’re right, they don’t, just checked the word doc. I created a new WS when I was informed I was using an out of date example and must have forgotten. 

Thanks to all above for their replies. Can’t thank the community enough. 

Regardless of the outcome of this case, I’ve learnt a bunch and will always fight private parking companies in future thanks to the input of this community. 

Lagroid

Update: Judge has agreed to vacate the hearing date due to the court making an error and arranging a hearing on a date we were unavailable. 

Been told I will receive paperwork confirming this in the post, and then some time after I should get a new hearing date.

I will ignore the deadlines on the original hearing date for submitting my WS, as now I don't have a hearing date, I can't update my WS with the new one. Once I receive the vacate paperwork, I'll email the court to let them know of this.

Thanks all

Grizebeck

Lagroid said:

Update: Judge has agreed to vacate the hearing date due to the court making an error and arranging a hearing on a date we were unavailable. 

Been told I will receive paperwork confirming this in the post, and then some time after I should get a new hearing date.

I will ignore the deadlines on the original hearing date for submitting my WS, as now I don't have a hearing date, I can't update my WS with the new one. Once I receive the vacate paperwork, I'll email the court to let them know of this.

Thanks all

Good news but thats is a mistake as your WS date will in all likelihood still stand so stick with thate date unless told otherwise

Lagroid

Grizebeck said:

Lagroid said:

Update: Judge has agreed to vacate the hearing date due to the court making an error and arranging a hearing on a date we were unavailable. 

Been told I will receive paperwork confirming this in the post, and then some time after I should get a new hearing date.

I will ignore the deadlines on the original hearing date for submitting my WS, as now I don't have a hearing date, I can't update my WS with the new one. Once I receive the vacate paperwork, I'll email the court to let them know of this.

Thanks all

Good news but tats is a mistake as your WS date will in all likelihood still stand so stick with thate date unless told otherwise

Okay will do, thanks for that. Should I put the original hearing date on my WS? And just mention that when sending to the court?

Grizebeck

Lagroid said:

Grizebeck said:

Lagroid said:

Update: Judge has agreed to vacate the hearing date due to the court making an error and arranging a hearing on a date we were unavailable. 

Been told I will receive paperwork confirming this in the post, and then some time after I should get a new hearing date.

I will ignore the deadlines on the original hearing date for submitting my WS, as now I don't have a hearing date, I can't update my WS with the new one. Once I receive the vacate paperwork, I'll email the court to let them know of this.

Thanks all

Good news but tats is a mistake as your WS date will in all likelihood still stand so stick with thate date unless told otherwise

Okay will do, thanks for that. Should I put the original hearing date on my WS? And just mention that when sending to the court?

You dont need the hearing date on the WS, nor mention anything

Lagroid

Grizebeck said:

Lagroid said:

Grizebeck said:

Lagroid said:

Update: Judge has agreed to vacate the hearing date due to the court making an error and arranging a hearing on a date we were unavailable. 

Been told I will receive paperwork confirming this in the post, and then some time after I should get a new hearing date.

I will ignore the deadlines on the original hearing date for submitting my WS, as now I don't have a hearing date, I can't update my WS with the new one. Once I receive the vacate paperwork, I'll email the court to let them know of this.

Thanks all

Good news but tats is a mistake as your WS date will in all likelihood still stand so stick with thate date unless told otherwise

Okay will do, thanks for that. Should I put the original hearing date on my WS? And just mention that when sending to the court?

You dont need the hearing date on the WS, nor mention anything

Ok will remove and not mention, thanks a bunch

Lagroid

Apologies for all the questions, but quite an important one.

I’ve submitted my WS to the court and Claimant (VCS). VCS sent an auto reply email stating:

Please note that we do not accept service of documents by email. And that all documents need to be submitted by post. 

Is this binding? Or can I ignore?

checked my sent Mail box and I sent the DQ form to them this way, so not sure if it’s something to pay attention to or not

Fruitcake

Did you get the same auto response previously? If not, and since you used the same email address before, it is reasonable to assume that on the balance of probabilities it is an acceptable form of submitting documents. 

If the claimant did not inform you before you sent your WS that you could not submit documents via email, then it is unreasonable to tell you after the fact. It is also an unfair contract term in its own right, let alone if you were not warned before you sent it. Email is free. Post costs money, and with postal strikes there is a real danger that documents won't arrive, which I believe is what the claimant wants.

The fact that you have have had an auto reply means the claimant received your WS, so it has been properly served.

The danger is that VCS have a habit of saying they never received something, but your auto response proves that the contrary is true. Did you send a copy to yourself as well?