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nightnajjers

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Posts posted by nightnajjers

  1. Update on the saga.

    Case now set to be heard in Sept. In the meantime VCS sent  an offer to settle, as they are "mindful that the Courts like Litigants to try and resolve their disputes wherever possible, and with that is mind they would accept £192.50 s a reduced settlement charge". It is the second offer they have made under the same circumstances, oddly enough the first one was £185.00 which was rejected.

     

    In addition,  If the defendant  "fails to accept our offer we will bring this letter to the courts attention upon the question of costs in order to seek  further costs of £220 incurred having to instruct a local solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form".

     

     

     

     

  2. I was assuming County Court cases are in the public domain as anyone can sit in on a case, so thought that caggers could just give winning details for future victims.

    Hope the change to the  rip off charges are implemented very soon.

     

    Your last paragraph did make my evening.

     

    Now I have posted again I am sure the next lot of papers will arrive soon. I will be definitely be here for some help when it does.

    Thanks

    nn

  3. Just an update.

    Thank you for reopening the post

    Heard from the Court at the end of December. They are experiencing long delays etc.  saying  "we will write to you as soon as we can".

    This has been hanging like a dark shadow in my life  for over a year now. I have been reading everything on here  and half the time I think I am more confused than not.

     

    I am so happy that there is some action from the government to change the unfair rules, can't come soon enough, hope they all starve and have to get  a proper form of employment, although I doubt they are capable  of doing  anything of any value to society. 

     

    One thing that is puzzling me right now is, as plenty of folk on here have stood up to the crooked behaviour of VCS over Airport cases   and won in Court. How come nobody seems to quote the successful  cases in their WS? 

     

    nn

  4. Thank you for the replies.  A local company sounds like a better option in view of the more personal service you suggest would be gained.

    We were waiting to see if the driver is going to be prosecuted or if he/she was going to say mother was at fault before seeking  the services of a solicitor.

     

    We were waiting for a decision from the police re. whether they are going to prosecute the driver for  a driving offence.

    I guess a solicitor will be only to happy to get involved at an early stage, so ,in view of your suggestions  we will contact a local firm.

     

    Mother lives in an establishment were you have to be independent but meals are provided. she has little in the way of valuables so does not insure anything. 

    thnx

    nn

     

     

  5. Hello. Pleased to say that mother is recovering well now.  The police would not give us any idea of liability until mother was home and had made a statement, which she has done now. Although mother is more than capable of making decisions, we do have power of attorney should it every be  required. Can"t really move forward with this until the police have made a decision. Wondering if there are any recommendations for a no win no fee company? She does not hold any insurances.

  6. Hello.

    Spoke to the police today and they were helpful enough, gave me the drivers insurance details and policy No. and their incident number. He said there are  witness/es statements.

  7. Thank you .

    I was also surprised that no address was given by police. My brother  dealt with the police so far. I will call them today and try again to get  drivers Insurance details and if they are going to prosecute and any witness information they have. The police did attend.

    She lives on her own and has up to now had no carers, she was out shopping. I am aware from previous insurance claims that it can take a long time to settle.  Between us we are able to pay any carers costs.We are hoping she will be discharged to her own home. 

    • Thanks 1
  8. U.B.  Thank you for the search options.

     

    No address given by police, it is a late mid range vehicle. Plenty of witnesses. she is nearly 100 

     

    Seems a bit weird that if she was driving a car the insurance details would have to be given. 

     

     

  9. Hello .

    My elderly mother was knocked down by a car and hospitalised with several broken bones. The police have given us the car registration details, name of driver and make of car but no details of the drivers insurance. She is definitely going to need some outside carers to assist her while she hopefully gets better. 

     

    So ,, the question is,

    are the police supposed to give us the drivers insurance details? and if not, how do we find out how to make a claim against the drivers insurance for her carer costs.

     

     

  10. Costs at the end of the witness statements makes sense , thank you. In the event that they withdraw a claim it would seem fair that one could claim some form of compensation against them for wasting a defendants time and causing a stressful situation.

     

    I don't think East midlands Airports own the land.  The company number given on the supposed contract/ agreement for Southend Airport Company Limited shows as  East Midland International Airport Limited. To my mind that invalidates the contract/agreement  as going by the company numbers given it is a contract/agreement between E. Midlands Airport  and Southend Airport

     

     

    The person signing for Southend Airport has signed as a Finance Director? Is that a company Director?

  11. Hello 

    Yes Defence filed before the deadline. I understand this is how they work. Get Elms  to apply another frightener and when that does not work VCS takes it back to save further costs.

     

    A  counter claim was not made, but should they continue with the case and withdraw or  lose, I see no problem with having  sent  them a bill for the time taken for dealing with the matter so far.

     

    Taken what is known about similar Cases their action appears to be fraudulent, predatory, without foundation, illegal, against their own governing bodies guidelines,  POFA and harassment.

     

    They sent what they know or should know a without foundation invoice/PCN, accordingly a future with substance claim can be made against them them for actual work done/compensation on Defending what appears to be a spurious  Claim, 

     

    If they  withdraw the Claim or  lose, then another claim for those expenses  can be brought against them for the costs involved in Defending the Claim. There is also the matter of the "unreasonable costs order under CPR 27.14(2)(g) which was put to them in the opening Snotty letter (not really sure how that works). 

     

    Of course none of that would be applicable  If they continue with successful Claim. 

     

     

  12. Hello.

    An update and the latest in the fiasco.

     

    Received a "Notice of change of legal representative" .  Says Elms "has ceased to act for me and I shall now be acting in person, Signed by  the Litigation Manager.

    Maybe Elms got fed up with my requests!

     

    VCS is very graciously offering me a reduced settlement charge of £185.00.   What a nerve!

     

    No mention of further Court costs or enhanced solicitors fees!  

     

    Also they "intend to bring  this letter to the  Court's attention upon the question of costs".     If they don't I certainly will.

     

    I am going give them a counter offer and  send them a bill for the time I spent on dealing with this and I will bring that to the Court"s attention in the Next Court Claim.

     

     

    nn

     

     

     

     

     

     

     

     

     

  13. Hello.

    The contravention code "104 no stopping/to pick up /drop off in a restricted zone"  does not feature in the list of contravention codes in the Service agreement/Contract.

     

    Another interesting feature is that on the contract on the first two pages and  by the word COPY,  is and hand written note saying  "authenticated" with a signature, but nothing to say who or in what capacity they  signed it.

     

    I will hang on to it until WS stage.

     

    Thank you

     

    • Like 1
  14. Hello.

    I have been  doing my research for the future. I have been looking at the  service agreement/contract between VCS LTD and Southend Airport  which was sent  as a result of the CPR.

     

    I checked the companies named on the agreement (VCS and Southend Airport) with companies house on the government site . The Company number given for VCS Ltd on the agreement comes up as London Southend Airport Company Limited.

     

    And the company number given for Southend Airport Company Limited shows as belonging to East Midland International Airport Limited.

     

    Also at the top of each page it has "Contract no:/draftVCS-CCTV/AC/AS" 

     

    Am I missing something here?

     

     

     

  15. Hello.

    I could do with some more help please.

     

    I sent the CPR request and received the response which contained the agreement between Southend Airport and VCS which was signed by S. Simon and one Finance Director.

     

    Is there a case to refer to regarding the Contract requiring two signatures to be viable? I Found this under the companies Act.

     

    2)A document is validly executed by a company if it is signed on behalf of the company—

     

    (a)by two authorised signatories, or

    (not clear to me if that is two from each company)

     

    (b) by a director of the company in the presence of a witness who attests the signature.

    (Not witnessed on the agreement).

     

    Do Elms or VCS have to provide me with further paperwork for me to counter? Or is the Particulars of claim on the Court Papers and the reply to the CPR request the extent of their evidence?

     

    They did not provide any Planning Permission documents and stated that they do not hold any other documents in this case and anything further should be requested from VCS. Seemed a bit odd to me as they are under instruction from VCS.

     

    The NTK continues to say that that “the Period of parking to which this notice relates is the period immediately preceding the time of event stated in this notice” but the PCN is for Stopping, is that of importance?

     

    Is there anything more substantial than the VCS signage is prohibitive and therefore not contractual. Or is that enough?

    thank you

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