VCS DCB Legal court claim - PCN Maypole Retail Park

donnerlord

Hi guys,

Just to keep you guys on the loop.

I had the mediation last month, I think as expected the asked amount was inflated again and they were offering me “discounts” to settle. Last week I had a letter for court hearing for end of July in my local court . My understanding is that I have to submit my witness statement and evidence no later than 2 weeks before the date of the hearing. I’m writing my statement and will post it here when ready for opinion.

There is a dead line for the claimant to pay a court fee, which I guess would be the first check whether they will discontinue or there will be a hearing.

They keep phoning me and sending emails  but I guess I continue to ignore as usual.

Thank you for your time.

Coupon-mad

VCS will probably want the hearing to go ahead so check your hearing order for your WS deadline.

donnerlord

Dear all,

I’ve received the witness statement from DCB legal and looks like hearing is going ahead, although the court fee needs to be paid by end of this month and court hearing is end of next month. 

I’m writting my witness statement but like to make it more robust and use other cases in support of it or even to argue theirs. Any suggestions how, where to look for them ? Do I need any at all or just need to familiarise myself with the cases stated in my defence and their witness statement?

The following cases are included 

One Parking Solution Ltd V Winslow (2011)

Britannia Parking Group Ltd V Semark-Julluien 2020

Parking eye V Beavis 2015 

Chaplair Limited V Kumari 2015 

As it’s noted in other posts I guess if there are mistakes in their statement I’ll include them in mine. 

Thank you for your help as usual.H

Best wishes

donnerlord

The following are  a bit more technical, can you help me how to reply, or whether to reply at all? These are replies
to the points from the defence. Thank you

With respect of Parking Eye -v- Beavis [2015], whilst it is accepted the original charge is

designed to include the ‘operational costs’; this was with reference to maintaining the Land,

taking payment or sending the relevant notices. It was never intended to include the need to

pursue the debt in Court to recover it. If that were the case, it would override the Civil

Procedure Rules (allowing fixed costs and recovery of Court fees) which of course is not the

case. The Defendant has misunderstood the phrasing ‘operational costs’;

 The Defendant makes reference to the Department for Levelling Up, Housing and

Communities (“DLUHC”) and the ‘new’ parking code of practice originally published in

February 2022 within paragraphs 6 - 9 of their Defence. With respect, it is submitted that this

bears no relevance to the matter at hand as the code has not yet been enacted with the current

status of the code being ‘withdrawn’ as of June 2022;

 Further to the above, the Defendant’s opinion of the industry being regulated by the

Independent Parking Committee and British Parking Association bears no relevance to the

Defendant’s liability. With respect, nothing has currently been implemented by the

Government for my Company to adhere to (although this is of course pending). I respectfully

ask the question; would the Defendant have deemed it more appropriate for my Company to

not adhere to the COP(?). Referring to that Code is not ‘misleading’ – it is (at the present time)

entirely relevant and section 111 of Parking Eye -v- Beavis [2015] confirmed that;

Coupon-mad

None of that matters and nor do those cases.

Just devise a WS & exhibits based on what what the WS & evidence section of the NEWBIES thread says. It's all there for you.