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

stop_this_nonsense

The Order:



Here is the email I sent (I also attached a signed pdf file) to the email:

In the County Court at Southend-on-Sea

*** TO BE PUT BEFORE THE PROCEDURAL JUDGE ***

In the matter of: Vehicle Control Services Ltd v X (L8QZ5443) 17 December 2024

Dear Sirs,

As of 8 December 2024 I, X, 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 behaviour regarding this completely baseless and vexatious claim and for failing to provide a Witness Statement and / or serve 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 abandoning claims 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 and core to this Claimant’s operating model. Over the last couple of months this very Claimant has similarly abandoned cases related to 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.

Yours sincerely

X (Defendant)

Gr1pr

Be great if they have to pay that £670 now that the deadline date appears to have passed,  or will do soon if the Xmas break somehow extends it to sometime this coming week 

Please let us know if or when it's paid   ( be interesting to see if it affects JB in any way,  or stops these foolish airport claims, but I suppose its more likely that pigs might fly  )

stop_this_nonsense

Gr1pr said:

Be great if they have to pay that £670 now that the deadline date appears to have passed,  or will do soon if the Xmas break somehow extends it to sometime this coming week 

Please let us know if or when it's paid   ( be interesting to see if it affects JB in any way,  or stops these foolish airport claims, but I supposeitsmorelikelythatpigsmight fly  )

If it doesn't get paid by the 6th then I'll be contacting a debt collection agency ... and the bailiffs as it is over £600 

Coupon-mad

Ooh you could send round DCB Ltd.

stop_this_nonsense

Coupon-mad said:

Ooh you could send round DCB Ltd.

Like a snake eating its own tail.

Fruitcake

stop_this_nonsense said:

Gr1pr said:

Be great if they have to pay that £670 now that the deadline date appears to have passed,  or will do soon if the Xmas break somehow extends it to sometime this coming week 

Please let us know if or when it's paid   ( be interesting to see if it affects JB in any way,  or stops these foolish airport claims, but I supposeitsmorelikelythatpigsmight fly  )

If it doesn't get paid by the 6th then I'll be contacting a debt collection agency ... and the bailiffs as it is over £600 

I think a Warrant of Control (I think that's what it is called) would be better. As far as I am aware, you are not required to warn the debtor in advance since they are already aware they must pay in accordance with a court order.

stop_this_nonsense

Hi all. Received a copy of VCS's N244 set aside application today re the Judge's order of costs made under CPR 3.3(4).

Is it possible for me to interpose / offer-up my side of the story and provide a WS? There are points in VCS's WS that are crying out to be challenged. 

ChirpyChicken

Please post up the relevant parts of their application including witness statement/reasoning.

Coupon-mad

stop_this_nonsense said:

Hi all. Received a copy of VCS's N244 set aside application today re the Judge's order of costs made under CPR 3.3(4).

Is it possible for me to interpose / offer-up my side of the story and provide a WS? There are points in VCS's WS that are crying out to be challenged. 

I thought they might... I didn't say it, in case I jinxed it, but I was expecting them to bite back...

...but were they able to prove that they served you with a copy of the NoD? If not, what grounds are they relying on? 

Pm me if you'd rather keep this part off-forum.

Gr1pr

I did wonder that myself,  hoping they would chuck the towel in and pay you

So the saga continues