VCS - Southend Airport No Stopping - RK - Not Driver - Costs Awarded - Another One Bites the Dust

stop_this_nonsense

Just a little bit of help and I think I am there. Could anyone help with the relevant paragraphs from Beavis that support the 'tests'?

56.             In the present case, VCS has fallen foul of those tests (Exhibit 17). There are two main issues that render this parking charge to be purely penal (i.e. no legitimate interest saves it) and thus, it is unenforceable as it constitutes a concealed pitfall or trap:

(i) all VCS signage at the airport is prohibitive, and;

(ii) the position, prominence and wording of the signage on the land subject to statutory control is materially different so as to create a concealed pitfall or trap.

Gr1pr

Might be worth studying the following thread regarding prohibited actions etc , same parking company, different airport 

https://forums.moneysavingexpert.com/discussion/6558881/vehicle-control-services-vcs-unauthorised-stopping-at-leeds-bradford-airport#latest

stop_this_nonsense

Hi all. Coming up to the deadline to submit the completed witness statement.

From the N157 the hearing date is 17 December 24:

6) Each party must deliver to the other party and to the court office copies of all documents on which that party 

intends to rely at the hearing no later than fourteen days before the hearing. 

So I'll send it off today to get it done.

Obviously I have VCS's email address (litigation@vehiclecontrol.co.uk) and Southend CC email address (enquiries.southend.countycourt@justice.gov.uk).

Is it sufficient just to email it to both and cc myself (obviously!)?

Le_Kirk

Same email to both and copy to you - correct 

Coupon-mad

stop_this_nonsense said:

Just a little bit of help and I think I am there. Could anyone help with the relevant paragraphs from Beavis that support the 'tests'?

56.             In the present case, VCS has fallen foul of those tests (Exhibit 17). There are two main issues that render this parking charge to be purely penal (i.e. no legitimate interest saves it) and thus, it is unenforceable as it constitutes a concealed pitfall or trap:

(i) all VCS signage at the airport is prohibitive, and;

(ii) the position, prominence and wording of the signage on the land subject to statutory control is materially different so as to create a concealed pitfall or trap.

You just do control & F for obvious keywords in the judgment like 'pitfall' if you want to read the actual words from the Supreme Court. On a laptop or PC. Not on a phone.

stop_this_nonsense

Hi all. So the WS was delivered in time to VCS and the court, but I have not received their WS and neither have I received a discontinuance. Time for a letter to the procedural judge?

Coupon-mad

Yes - an email asking for the claim to be struck out and your costs awarded.  Attach your estimated costs sheet.

stop_this_nonsense

Hi all. So I have looked around the forum and cobbled together the below:

"To whom it may concern,

As of 9 December 2024 I,xxx, the Defendant in the above case, have not received the Claimant’s Witness Statement and neither have I received a notice of discontinuance. VCS, a private parking bulk litigation company and the Claimant in this case, has failed to comply with the order dated 19 August 2024.

This Defendant has incurred significant costs to prepare the Defence and Witness Statement and prepare for the hearing and the costs claimed are shown in the attached costs schedule.

CPR r.38.6 states that the claimant is liable for the Defendant's costs after discontinuance (r.38.6(1) but that this does not apply to the small claims track (r.38.6(3)). However, the white book clearly states (annotation 38.6.1):

“Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg)).” [my emphasis]

On this basis, I would like to request that the claim is struck out and a costs order be made against the Claimant for their entirely unreasonable pursuit of this completely baseless and vexatious claim and for failing to provide a Witness Statement and/or a proper notice of discontinuance on me. I ask that the Court treat this letter as an application as contained in CPR r.23.3(2)(b).

On the matter of abuse of court process I would mention this Claimant’s record of dropping cases at the last minute, routinely leaving intimidated victims out of pocket, often without providing a witness statement or serving proper notice of discontinuation – a clear and routine abuse of the court process. Over the last couple of months this very Claimant has discontinued similar cases for similarly alleged breaches at Liverpool John Lennon Airport, Bristol Airport, Leeds Bradford Airport and East Midlands Airport.

By forcing the defendant to incur unnecessary costs the Claimant has failed in its obligations to the court. An award of costs is, in the Defendant’s view, entirely appropriate with the overriding objective in mind."

I couldn't nail down the relevance of this point - is it necessary?:

"I ask that the Court treat this letter as an application as contained in CPR r.23.3(2)(b)."

Thanks in advance!

KeithP

Suggest you start with Dear Sirs, rather than To whom it may concern.

stop_this_nonsense

KeithP said:

Suggest you start with Dear Sirs, rather than To whom it may concern.

... and Madam, of course! :-)