Jump to content

_Ray_

Registered Users

Change your profile picture
  • Posts

    117
  • Joined

  • Last visited

Reputation

2 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Morning, VCS have, to my surprise, paid the court fee in this case, so the hearing is next Monday (13th June). I think I have pretty much everything ready, but just wondered if you have any tips that might be useful on the day? Also I have one or two points that I could do with clarifying if that's OK... 1. VCS submitted their 'new' bundle to the court, but it was exactly the same as their original. It doesn't address any of my arguments that the judge in the telephone hearing said should be the 4 points of contention in the case. Do you think this will help or hinder my case in any way? 2. I asked the judge in the telephone hearing if I could question the author of VCS' witness statement. Do I restate this right at the start of the case, even though the author isn't there? Sure I will have a few more bits n pieces to ask as the week goes on and I think of new things.
  2. Sorry if I'm being dumb, but would I draw attention to it in written form some way, or verbally with the judge on the day of the hearing?
  3. How would I introduce that to the judge at this stage? I've already submitted my witness statement (albeit the judge didn't get given a copy) so assumed I would be prevented from offering new information after the court received the original WS?
  4. Thanks again for all the help, not been ignoring it, but I'm away at the moment so not checking the laptop as much as usual. Does anyone have an idea as to what might be in the bundle the judge asked VCS to produce? Is he giving them the opportunity to produce an additional WS? Just don't want to be caught unawares... Also, given that they now know what my arguments are, and they're getting a second bite at the cherry so to speak, is there anything they might try that I should be aware of? Cheers
  5. No the next one is an in-person hearing... Forgot to say, I asked the judge if I had the right to question the author of the Claimant's WS at the next hearing. He told Mr Pickup to make a note of that, and his reply was "they usually don't make the author available and were aware that it weakens their case" - I paraphrased the bit in bold because I can't remember his exact words.
  6. Had the hearing yesterday but turns out it was just a telephone hearing to see if we could come to any agreement before a full hearing... A Mr Pickup was representing VCS, it sounded like he was driving which the judge seemed to get a tad upset about. He said he was just parked near a motorway to excuse the noise, but he got cut off a couple of times, so not sure if he was telling the truth or not. The hearing didn't start too well, as the judge hadn't been given my WS, but accepted that I must have sent it in, as they did have my contact details which were sent at the same time. Because of this he asked me what my case was based on: 1. No contract between VCS & Airport, also no contract between VCS and me 2. Airport byelaws 3. NTK non-compliant 4. Double recovery At first he only heard the first part of point number 1 and thought I was on a 'sticky wicket' if I was saying the signage didn't form a contract. I thought he was going to rule against me right away, but after explaining about the other points and that this was a very brief overview of my case, we got to continue. VCS said they hadn't received my WS either, but I have a receipt saying that it was delivered to them and the judge accepted that. On one occasion when Mr Pickup got reconnected to the call, the judge read him my side of the case and asked him if he agreed that these were the 4 points of contention in this case. Mr Pickup said that from what he had read he agreed they were! Now, Mr Pickup could only have 'read' this if he had seen my WS, so me thinks he had probably seen it. I got the feeling that it was a good thing Mr Pickup agreed to this as the case will now be fought on my points - am I right in that thought, or is it irrelevant? The judge asked VCS to provide a 'bundle' 10 days before the hearing, I'm pretty sure he didn't ask me for anything. What would be in this bundle? He also set aside 90 minutes for the case, is the amount of time important at all - it sounded quite a long time for something pretty straightforward? Just so I can be prepared, what should I expect VCS to do now?
  7. Witness Statement sent, will update here as soon as I have anything. Court date 2 weeks today - 21/03/22
  8. Thanks @FTMDave... This is a telephone case so no travel costs to claim, there is a small amount of postage but not much. I'm sure I've read somewhere I can claim for a set number of hours (at a set hourly rate) for the preparation work I've done - am I mistaken in that? It surprises me you say they would get their £50 legal costs, I thought it had been decided that the amount on the NTK included ALL costs? Or does that amount exclude legal costs? Can you point me anywhere I can verify that VCS never let the WS author into court or is it just from your experience here? I'd like to verify it for myself so that I'm not claiming something to the judge that I can't justify.
  9. Do I have the right to question the person who wrote the Claimant's witness statement or is it OK for them to send a replacement?
  10. Thanks for all that... The WS was based on the one recommended further up in this thread (by Alaska 101 I believe) so I can't take full credit . I'm not concerned about getting it to the Court on time, it is not too far from where I live, so I could hand deliver it if needed. Plus the court said I can email it to them if necessary. It was more about getting it to VCS on time so as not to give them any additional leverage - by the sounds of it though, making sure they get it by the Monday 4pm cut-off time isn't crucial. In some ways it will be a shame if the WS scares them off, I know it's probably never a good idea to go to court if it can be avoided, but was secretly hoping they would press on. If it does get in front of the judge, can I ask for any costs for the time it's taken to deal with this? Sure somewhere I've seen there's a set amount you can value your time at? If there is, do I have to ask at this stage or later? Thanks again
  11. Perfect thanks... The date for me to submit the WS is 7th March. Do I have to submit it to VCS by the same date or do I have some flexibility with them? It will be finally finished tonight, but just thinking about the time it takes in the post - don't want to fall at the last hurdle.
  12. Never mind, think I've found it. This was the final piece I needed before it's finally finished
  13. Sorry to be a pain but does anyone know which part of this judgement demonstrates that stopping is not parking? I've read through it but can't find the relevant section.
  14. So I don't need to provide a printed copy of any legislation, just a quote of the relevant part will do? That's great if I've understood you right as my WS is starting to get pretty bulky...
  15. Thanks, I've decided to remove any mention of it in the WS as advised... I have a question regarding any legislation I reference in the WS. Do I need to provide the entire PoFA for example or just the part/s I reference? It seems like it would be overkill to provide it all, as the WS could end up running to hundreds of pages. Probably asked and answered, but thought it best to check. Cheers
×
×
  • Create New...