Won in court today—-(Previously) A little help and advice please.

berty50

That’s very helpful thanks….do you know where I can get a link to the judgement as I can’t seem to find it anywhere? Thank you.

Coupon-mad

It is around here somewhere if you mean VCS v Percy.  A search will find it but you don't need it, and certainly don't put it into evidence if they haven't attached the transcript!

Useless judgment where the Circuit Judge went away after the hearing and of his own volition, looked up the BPA Code of Practice and used it to inform and pad out his fudgement despite the fact neither side had mentioned it (of course not, because VCS aren't in the BPA AOS...).

He also presumed that extra 'costs' were incurred despite the bundles (which I saw) having no evidence whatsoever of any chaser or DRA letters, let alone payment of any such fee.  And despite the PCN being £100 which is designed to more than cover all letter/postage costs where some cases take more letters in the chain than others that are paid early. 

berty50

Yes I was just interested to see it as the parking industry made a great deal of triumphant fuss over the decision as “turning the tide on additional costs”. I’m certain I can argue ParkingEye v Beavis where this is quite clear as punitive. I’ve got a copy of the landowner agreement which also shows it’s a commercial arrangement. Also the DLUHC parking code is clear on this as well.

What’s your thoughts on the landowner agreement for which they’ve provided an amendment signature page dated a year after the alleged offence in their bundle. . Would a judge want to see the correctly dated page or are they likely to over look this? 

Coupon-mad

I think that last point is powerful.  What page applied at the time?  Was there even a signed agreement...anyone's guess...  

Call this out as a 'cut & shut' hybrid document!

berty50

Thanks I will…the help is much appreciated, 

Le_Kirk

berty50 said:

I’d not read that defence as I’d already put in a holding type defence before arriving at this helpful forum. I’ve now read that in the defence section but it’s not clear from that what the legal counter argument is other than trumping it with the DLUHC Parking Code which I’ve used and quoted the escalation of costs section. 

What do you mean by this?  Have you submitted a defence to CCBC?  You do know that you cannot submit a new defence - unless you pay £additional.

berty50

Hello..back again.

I’ve been told by the court that I can’t act as a lay rep but I can be a McKenzie friend. They’ve sent me a form to complete for a MF.

Any thoughts on this as the defendant who is in their 70s and very frail certainly won’t be able to argue the case so is reliant on me. My understanding was this couldn’t be refused under Practice Directions 27a 3.1 & 3.2

KeithP

berty50 said:

Hello..back again.

I’ve been told by the court that I can’t act as a lay rep but I can be a McKenzie friend. They’ve sent me a form to complete for a MF.

Any thoughts on this as the defendant who is in their 70s and very frail certainly won’t be able to argue the case so is reliant on me. My understanding was this couldn’t be refused under Practice Directions 27a 3.1 & 3.2

They are mistaken.

Have a read of -
The Lay Representatives (Rights of Audience) Order 1999

Produce a copy of that on the day - it's only a few sentences - and you will have no problem.

berty50

Thanks Keith, should I challenge this beforehand or on the day do you think, and what if the judge refuses to change their mind? 

Coupon-mad

Then the Judge is wrong.