DCB Legal VCS claim

Coupon-mad

PolePosition2 said:

Why is the Private Parking Code of Practice 2022 temporarily withdrawn pending review of the levels of private parking charges and additional fees?

Can we still use this code of practice in court even though its withdrawn?

Would I still be able to use and refer to the PPCOP in court?

Yes if you refer to it as the will of Parliament and say that it is revived this Summer. It isn't law and is a work in progress but could be referred to as a 'clear steer' for the courts.

And yes there are loads of VCS cases that go to hearings. They don't discontinue. If you search the forum for

Jake Burgess witness

you will find some.

Always change results to NEWEST.

PolePosition2

Is it common practice to email the Witness Statement to the legals and court.

The 14 day deadline is next Tues 30th September.

Does it have to be received by a certain time in the day?

I haven't yet received the Claimants WS 

Do they send it at the 11th hour?

Coupon-mad

He'll send their WS tomorrow I reckon.

Yes you email it.

PolePosition2

Just received the Claimants WS and can't believe the false accusations they have made about me not engaging in Alternative Dispute resolution and Mediation.

I cannot believe what I've just read.

I couldn't have been more engaging from start to finish and responded to everything that has been sent to me either by email or by post.

I've answered all calls 

The mediation call I was on the line for 30mins and they say I have not mediated at all.

I've emailed DCB Legal a few times and received no reply.

They are making me look as if I am deliberately wasting their time and court time.

The person completing the WS is not the person who was there at the time and is made by someone else working for VCS.

The person completing the WS isn't the witness!!!

It's a stitch up.

It's quite lengthy but what chance have I got  when their WS contain false allegations.

They still insist that the PCN was issued in the 1st when it was the 7th when they issued it 

A Privacy Notice was issued on the 1st as no contravention had been decided at that point.

I have the emails I sent DCBLEGAL 

I have the signage at the entrance showing 7 signs in total cluttering the entrance

I have the signage where I parked that was facing the other way

I have the fact that where I parked is used habitually for loading and the sign does not make any exceptions and no sign to say it's a loading bay.

I have until Tues to submit my WS which I've more or less completed but just need to sort out my exhibits.

They have literally attempted to destroy my defence and accuse me of using a defence using template information completely ignoring my own words and not even mentioning my main defence point at all

What can I do in this situation 

I am livid as well as upset as I have put so of my own personal time in the appeal for someone to say I've been obstructive throughout the appeals process when it can't be further from the truth 

Coupon-mad

But they always do this! Judges have seen it all before and aren't stupid!

PolePosition2

44 pages including Exhibits

Coupon-mad

That's not much compared to some.  Honestly this template trash is nothing to worry about.

PolePosition2

Having composed myself now I've had a clearer mind to read their WS it's full of errors and false allegations.

VCS have accused me of not going through the ATAs appeals service which is IAS as they are a member. The fact is I did submit an appeal and they are accusing me in their WS of not engaging in the appeals process.

They acknowledged in their POC that the NTK which was the PCN NTK was in fact issued on the 7th and not the 1st but then tries to say that I should have made an application to court if I thought the POC were incorrect. Instead I advised them in my POC of their error and their duty/responsibility to make the application themselves which they chose not to do.

They are calling their £100 fee a contribution and not damages 

They state I did not participate in the ADR mediation call when I spoke for over 20 mins with the mediator and then without prejudice said I was willing to off £35 and they say I've failed to comply with CPR  1.1 and if I genuinely wished to participate in ADR I would have made a greater effort to communicate and take part in mediation when I spoke far longer than I was advised to speak.

The WS was completed by the head of legal, employed by VCS ("my company") and duly authorised to make this Statement on my companies behalf.

He's not the witness and wasn't there at the time of the alleged contravention 

I'm going to pull apart his WS when constructing mine and do it that way 

All my emails to DCB Legal I will use as exhibits along with the IAS appeal which VCS says I never engaged in.

He owns the damn company and he's doing the WS can't make it up