VCS/BW claimform - PCN Liverpool on March 24th 2015

[Hartley Hare]

Update,

I have a small claims court hearing in 13 days and I received a 35-page document, including witness statement and camera locations. They also have a contract between the landowner and claimant.

 

I know I haven't correctly followed the recommendations from advice previously given on here (I have tried but got the incorrect forms or misunderstood what I was doing). I wish I had paid the original fee now, but this was never about the money, it was that I had done nothing wrong.

 

Anyway, moving on. I have been under the hospital now for the past few months which has really distracted me from following this up further and I have missed the 14-day deadline to supply the other party further documental evidence that could support my case.

 

I have contacted the court asking if I can present photos and a statement on the court hearing day and sent copies of my hospital appointments apologising/explaining my situation.

 

Can I just present to the court the situation which occurred?

 

Any advice from here at this late stage would be greatly appreciated & thanks for previous help.

[Oddfellow]

You give the impression that you haven't submitted to the court a witness statement or any other information that you intend to rely on in your defence. Is this the case?

 

You are required to do this no later than 14 days in advance of the hearing, so you do need to do something to prey on the good nature of the Court

 

. You can't just turn up on the day and present a load of stuff that the Claimant's side (or indeed the judge) hasn't seen before.

 

For my money, the only thing you can really do is to request (or beg for) an adjournment to a later date, providing evidence of your incapacity which has prevented you from preparing and submitting your defence on time.

 

Others may take a different view ...

[Hartley Hare]

No witness statement was sent after the allocation to the small claims court.

 

I contacted the court by phone this morning and was advised to send an email explaining the situation which I have done and it has been/will be passed to the judge.

 

I was initially fast tracked on the cancer 2 week NHS NICE referral system and I have been progressed through the system. i'm still under the hospital, fortunately it does look like the issue is not cancer but it certainly took my mind off a 'no stopping' PCN.

 

The email and PDF witness statement from BW legal which arrived yesterday after returning from the hospital brought this back into focus.

 

I also received a phone call with a VM to call BW legal.

[ericsbrother]

Contract between landowner and claimant?

More likely between VCS and estate agent who manages the place and that is not the same thing at all.

 

You can ask the court for an adjournment due to ill health.

If you do have cancer then they cannot reasonably refuse you but as you dont it will be at their discretion.

 

Write a witness statement that refutes their claim for

lack of locus standi,

lack of planning consent for signage,

no contractual obligation due to lack of PP being a criminal act so no criminal compact can be entered into.

 

furthermore, the signage is prohibitive so not a contractual comsideration and trespass is a matter for landowner, not a parking co.

 

You should still put together your evidence bundle and send it in as soon as possible, fax it to BWL.

 

Post up their stuff if you can so we can suggest ways of rebutting