This is really difficult and i hope I've done it correctly!

Besides the witness statement and contract.(Uploaded)

A map of signage/single camera locations.

Pictures of all signages and locations.

Ive already uploaded the one at entrance and lack of in the disabled bay area.

Copy of NTK and final reminder and pictures of the car.

And a reference copy of the claim form that i submitted earlier.

Unfortunately the contract also states that unless terminated the agreement will be extended on expiration date and will continue to roll over each year unless the client terminates it.

As it stands CPR was sent and received no reply pertaining to it

I've checked the councils planning permission web page and there is no mention of either the ppc or its clients name for signage permission.

EVIDENCE1.pdf

but no proof of payment since

the planning permission grant will not be 60mins I can assure you.

the cases they refer to are mere twaddle that all the PPC troll out trying to confuse matters in the judges eyes

its your job to render each one null and void in this case.

WHO has signed that witness statement please

and we will need to see the exhibits too as that is ALL they can rely upon.

Proof of payment? for the court proceedings? They were supposed to pay by 18/12.

Signed by VCS litigation department paralegal. Uploaded witness statement previously now exhibit uploaded

VCS claims reasonable cause to request data from DVLA and the VCS usually send out PCN within 14 days of contravention (DVLA confirms enquiry date as 45 days after contravention)

They are relying on "law of agency" and not POFA.

Excel PS ltd v Nick jenning to establish that KEEPER is liable as keeper authorised usage

Citing Thornton v Shoe lane parking for contractual obligation

Vine v Waltham forest for proper display

Parking eye v Beavis to establish that indeed the the contract was established

VCS claims entitlement to erect signs as per freeholder consent (but doesn’t mention name on signage)

and cite above that they are justified to charge whatever they do

And citing Chaplair ltd v kumasi that they are entitled to debt recovery.

NTKFRPICS.pdf

exhibit.pdf

First things first then.

they have no locus standi ( their contract out of date so no rights in the matter). Other cases have determined that they need to prove it has been renewed, not rely on the wording for a roll over. It may be that the landowner told them to bugger off years ago and by not including that letter they paint a very different story. Contract by inertia isnt a contract.

they cant claim agency to get your keeper details or to sue you ( whoever was driving wasnt your servant unless they can prove you emloy a chauffeur)

Authorising usage is different and not applicable to this point and anyways Jennings admitted being the driver so it really isnt a story, let alone a precedent or even persuasive. All they are showing is they won a badly defended case.

the picures of the signage they have used are illegible so get your own piccies.

lack of PP menas they are relying on criminality to form a contract and you cant enter into a binding criminal compact. You need to read the parking prankster blog and find a link to an article on this.

get on to the court today and see if they have paid the allocation fee, if they havent send an email asking that the claim be stayed for the non payment of the fee. The courts do this automatically after a certain amount of time but always give a certain amount of leeway, usually a week or so but it can be a lot longer depending on their caseload.

I called the county court they confirmed payment.

Lack of PP?

planning permission.

I wouldnt lead wi5th thsi argument, it is poorly understood by judges but use it as a secondary or tertiary point. It is usual to make the point about your main argument and then say " in any case" and them mention the lack of planning, no adherence to the POFA etc

Thank you. I have a number of questions pertaining to the answers above and some more with regards to what I'm reading up upon. Ill put them up as soon as i can coherently fashion them.

The hearing is on 15/01. Thats means the evidence must reach both court n claimant by 31/12?. Keeping in view royal mail holidays Ill have to post this bundle by 27 or 28 Dec for it to reach by 29/12? Am i correct or can I post with proof of postage on saturday 29/12.

post on 29/12 is OK, 2 days for service, not your fault courts closed.

Due to a print disaster..Ive been unable to post the witness statement by 12pm.

I have till 31/12/18

Should I email the docs to the Claimant and Court?

OR

I can personally hand deliver the envelopes to the court and claimant.

I believe 31st Dec 2018 is a working day? Ive failed to find any holiday schedule.

What do you suggest?

simply post it

you are a litigant in person

certain leeway is allowed

you can email but I would post or deliver as well. Dont email VCS though, let them get tbeirs in the post, the deadline is a court deadline not VCS's whim.

Tomorrow is Dday.

Their contract which looks and sounds crap. VCS was paid a fixed sum for the 3 year contract. That means they now enforce for free? The property management company JLL no longer handles the said property AND the person who signed off the contract on behalf of Scott. Wids on behalf of JLL was never a director. I checked the companies house beta site.

Any tips?

Also as to Rights of Audience. Is the VCS employed paralegal allowed to present the case?

By own admission their signage exceeds 0.3 m2 for deemed consent- 1.125 and 0.6776

Lost the case unfortunately.

expand

helps others

dx

Yes I will. Just emotionally drained and angry right now... they got away with it.

The judge concluded that my mother’s car is driven by other people to take her around and that they drive with her permission and therefore law of contract stands and she is liable for their mistakes.

The lawyer was unprepared.

He hasn’t seen the copy of the witness statement.

Was given 30mibrs to go through it.

The judge didn’t let me speak as such.

Told me that she’s the defendant and only she can answer the questions.

Really the judge made the case for the lawyer.

I also brought up the misgivings of the contract.

The judge had a photocopy not the original.

I questioned the validity but was warned that I was out of line.

2 hours. £214.

I mentioned she was a pensioner but the judge said pay in instalments.

First payment due today.

Received nothing from court or the claimant on how to do so.

This was such a drama.

I should have been more prepared.

And I should have appealed the judges decision.

I'm sorry to hear that. You seem to have been a victim of the judge lottery.

HB

Yes. The lawyer was just irrelevant. The judge was guiding him.. and I’m not kidding.. in case ur wondering coz we lost..I’m 99% sure the contract is fake.

The judge said he was satisfied by the contract . When I raised serious concerns and the fact that it’s a photocopy . He got upset. He also said that if I had brought a copy of my research that was the companies house beta page he would have accepted the argument. I said I could show him right now on my laptop. He said I’ve made my ruling. In the end he said it’s probably that the landowner is probably based abroad.

My fault I should have been more thorough. He also said I should do more research on them and should consider becoming a lawyer as even a lawyer wouldn’t have performed this well..

.

The lawyer was so relieved and happy. The judge didn’t take into consideration that my mothers pension is 1 pound per week..

It’s like there is no justice. And this judgement is only gonna encourage such companies.

Anyway.. I know it’s over but is it really? I have a few things in mind but I don’t want to discuss in public.. i

It makes me question if VCS have dodgy deal going on with the judge! Sorry for your efforts and frustration!

Yes. The lawyer was just irrelevant. The judge was guiding him.. and I’m not kidding.. in case ur wondering coz we lost..I’m 99% sure the contract is fake.

 

The judge said he was satisfied by the contract . When I raised serious concerns and the fact that it’s a photocopy . He got upset. He also said that if I had brought a copy of my research that was the companies house beta page he would have accepted the argument. I said I could show him right now on my laptop. He said I’ve made my ruling. In the end he said it’s probably that the landowner is probably based abroad.

 

My fault I should have been more thorough. He also said I should do more research on them and should consider becoming a lawyer as even a lawyer wouldn’t have performed this well..

.

The lawyer was so relieved and happy. The judge didn’t take into consideration that my mothers pension is 1 pound per week..

 

It’s like there is no justice. And this judgement is only gonna encourage such companies.

Anyway.. I know it’s over but is it really? I have a few things in mind but I don’t want to discuss in public.. i

you allowed yourself to be bullied out of the decision you wanted by first of all accepring anything from the oppostion alwyer. You should ahve told the judge that it was all too late for you to read and demand an adjournment to alloow you the chance to read and respond. that would have put the judge in a position of not acceptring their WS or wasting the court time for a rehearing. Judeg is partially wrong about the driving of the car but what did for you was saying that others acted as her chauffeur rathe tha a plain " I wanst driving"

Did you challenge the credentials of the lawyer?

However, it can be a lottery as seen on ch5's Britain's parking hell TV programme where a chap lost a case for parking on his own land. In his case there was a plan B but he didnt think of it at the time so try and have an "in any case" argument

Im not sure what you are saying.

I wasn't bullied by the lawyer in fact he was so weak that i was feeling sorry for him inside..

The judge disregarded each and every point.

Yes I did.

He was a proper lawyer.

the paralegal didnt conduct the case.

The judge refused to talk to me.

He straight out asked my mom if anyone else drives her car.

She said yes as she is disabled she is driven around sometimes.

From that honesty he decided that indeed someone else had permission to drive her car.

And in that case whatever the driver did she was liable for it.

Is there anything that can be done now.

For example like for Justice who just won her case.

My mother cant really afford these payments.

Im willing to take out the time to invest in this..

What's the payment then?