VCS CCTV PCN Claimform - no stopping - Access Road to Pontefract Race Course, WF8 4PR***Claim Struck Out***

[pinkabvelvet]

Morning,

It’s from the CC business centre in northampton but I just wasn’t sure if it was legit as there are some scribbles on the paper and the claim number is badly handwritten at the top. 

I assume I’ve been sent this automatically because I have filed my defence, and it is from the court, but as I’ve never received a document like this before - I just want to double check its authenticity. 

[shamrocker]

Certainly seems legit...but you've received it ultra-quick after submitting your defence. I've not seen it done that quick before - but I do tend to only duck in and out of the forum.

 

Completing it is easy enough.

Edited May 5, 2019 by shamrocker

[brassnecked]

Just make sure you want a hearing, and reject any "On The Papers" suggestion from the PPC and their tame solicitors.

[dx100uk]

its in our legal section of the library too

 

no to mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to their sols or VCS if no sols [minus email/sig/phone]

1 for you file

 

[pinkabvelvet]

Ok thanks all - will complete as per your advice and send all copies out Tuesday. 

[ericsbrother]

this IS the allocation questionnaire and after you have filled it in the matter gets passed down to your local court. Northampton bulk centre isnt actually Northampton county court, it is just a computer nearby.

 

the reason they send it is to allow you to choose another court so if you work in central London you can choose a court there for the hearing rather than where you live. It will automatically allocate the case to where you live unless you tell them otherwise.

the idea is to limit ones costs but if you are a serving soldier the you still claim back your air fare from your theatre of war and repay the MoD when you get the money. parking co's hate paying the £4k but it is their choice whether to drop the matter or continue fighting a hopeless cause.

In your case they are likely to drop the claim when they see your actual defence as they kwn that they are doomed. It will be worth slapping in a letter asking for your costs under an unreasonable behaviour costs order later on.

[pinkabvelvet]

Hi Eb - thank you for explaining. I sent the forms out today and will let you know when I receive anything else from Court or VCS. 

I was actually going to ask about claiming back my costs etc, in my WS Draft I say I will submit them separately if I get a court date. Is this the right approach? And when in court have an itemisation of what I would like to claim back at hand to tell the judge (research time, loss of earnings, printing costs, postage etc. I will also have to get a dog sitter if & when it goes to court!)? Can I claim back for all of these things? The letter you mention, would it be a CPR27.14(2)(g)? And this would be sent to VCS only after *fingers crossed* they drop the claim? 

 

Will get another WS draft posted up soon - I am waiting for some correspondence to some private research & will update once all received.

Thanks everyone 

[pinkabvelvet]

Hi All,

 

Just another quick question - when I get assigned my court & date, should i send them a letter asking for it to be struck out?

"to strike out the whole of the statement of case for disclosing no reasonable grounds for bringing or defending a claim (rule 3.4(2)(a))."

 

Thank you

[AndyOrch]

16 minutes ago, pinkabvelvet said:

Hi All,

 

Just another quick question - when I get assigned my court & date, should i send them a letter asking for it to be struck out? No

"to strike out the whole of the statement of case for disclosing no reasonable grounds for bringing or defending a claim (rule 3.4(2)(a))."

 

Thank you

 

[pinkabvelvet]

OK thanks for the quick reply Andy, will continue to wait for further correspondence & keep working on WS.

Someone on the PPC success forums did as such so thought perhaps I could too.

[AndyOrch]

Applications (N244 and fee £255) must be be made pre allocation (Pre Directions Questionnaire)

 

And if so supported with grounds and evidence as to why it should be struck out.

 

You cant write letters and request orders

 

Andy

[pinkabvelvet]

thanks for the explanation Andy. 

[ericsbrother]

you can write a letter and ask for it to be considered as a CMO.  What usually happens is this letter is read and then filed with the hearing docs for the judge but it is withn the court managers powers to  strike ut a hopeless case or to refer it to a judge before a hearing for a Case Management Order. If a number of similar rubbish claims have been through the same court then it is likely that VCS be told to show what they have or risk having the claim summarily dismissed. It does happen and VCS have had a few kicked out like this.

In short,  it wont hurt to write but dotn expect an instant result If you do decide to go for it you will need to look at a number of cases about Liverpool airport and use them as being persuasive in this argument.

You will be using them in your defence anyway

Edited May 9, 2019 by ericsbrother

[pinkabvelvet]

Hi Ericsbrother - right, well when i get my court allocation I may well go ahead and send a letter, it can't hurt I suppose. Yes, I have referenced Liverpool Airport in the WS I am working on - will try and find a few more examples for further defence.

[pinkabvelvet]

Hi everyone - i have had a reply from the council regarding planning permission (or lack thereof):

 

I refer to your enquiry below.

I cannot find any applications for the signs.

However, an ANPR warning sign would likely be permitted under Class 2(A) of the outdoor advertisement regulations provided that it is no more than 0.3 Square metres in area.

If they are any bigger than this, we would need to look into the matter further.

 

In relation to the ANPR cameras,

it is likely that planning permission is not required if they are installed on a building.

If they are free standing, an application may be required.

Again, if they are not on a building, we would need to investigate.

 

Should I go ahead and send photos etc to the council or is them stating that they cannot find any applications sufficient?

 

Thank you!

 

further to last post, my previous post 117,

you can see a on my photo in the background a white circular shaped camera (which resembles a lamppost)  and then another camera that faces incoming traffic. 

[dx100uk]

sorry but both of those relies are wrong

must be an office junior that doesn't really understand the rules.

 

 

[ericsbrother]

and they will be free standing.

Now YOU need to read all about planning permission for signs and you start off by looking at the parking pranksters blog of 16th dec 2017 and then click on the link at the bottom of the article called the great car park planning approval [problem] where it say " his research can be found here"

 

that explains why the bid at the council is wrong. Now they dont care they are wrong because it is of no consequence to them but what is important is that  NO APPROVAL WAS GRANTED so anything VCS say about deemed consent is all hot air and bluff.

[pinkabvelvet]

Hi DX - although some of the information from the council email is incorrect can i still reference it in my WS? As they do state that they do not have any planning permission approval on record for VCS for this site? 

 

Hi Eric - I have referred to that exact Parking Pranksters blog in my WS, i was trying to strengthen my case by getting a response from the council to back up my own research (i went on the LPA website and searched as per the guy's advice) in the the fact that VCS have any planning permission.  

 

FYI - still waiting for court date, no further updates on the MCOL website.

 

[ericsbrother]

very simple, THEY DONT HAVE PLANNING PERMISSION

end of, that is it. No need to try and say anything else, particularly where it isnt helpful.

 

Just because the junior who answered you doesnt know the law doesnt change the facts. stop trying to find something that doesnt exist and use what you do have

 

. If you try and waffle on about anything the junior at the council has said the you will tie yourself up in knots.

 

They have quoted a certain section of the Act that isnt the relevant part and then gone on to say something about CCTV cameras that isnt relevant either as ones put in to spy on parking events need a different approval from the ordinary watch the burglar type camera anyone is entitled to have on their property as long as it isnt set up to spy on someone else's property or the public.

 

Now VCS will try and use the same part of the Act to tell lies to court which is why you are going to copy out the whole article found on the link I referred you to and quote the actual part of the legislation that does apply and that does not have "deemed consent"

 

You copy the entire blog entry and the linked research and you include it in your evidence bundle so you can show it when referring to it in your WS.

 

You cant rely on just mentioning it, you have to produce it as the judge wont spend their time looking through millions of previous decisions to help you. tHat is your job-to acquaint the court with what you want them to consider.

[pinkabvelvet]

Hi Eric - ok thanks for your advice I won’t include the Council’s reply in my WS & EB if it will cause problems for me in anyway.

Already included the blog and the linked research in my EB. I will tidy up the exhibit numbers and post the 3rd draft of my WS up ASAP. 

Thanks for your help. 

[ericsbrother]

Keep an eye on the clock as far as the time they have to pay the allocation fee, if they dont pay it you phone up the court and ask that the matter be stayed due to their failure to pay to continue. tyheywill usually give them a poke but will then eneter the staying order if that is ignored.

VCS often just let the matter drop to save money when they know they are onto a loser like in this case.

Keep at it in case they do fancy paying you for a day out

[pinkabvelvet]

Hi Erics - will do, haven’t yet received my court date yet but will keep you updated as  and when I hear anything. I’ll keep researching & refining and will send across once ready for you guys to see. 

Thanks for your help as always  

[ericsbrother]

it can takes ages depending on how busy your local court is. Northamton CC bulk centre seem to be taking about a month to shove out their paperwork so add that to the time as well.

[pinkabvelvet]

Hi Erics,

Yes nothing seems to have changed on the MCOL website at all, it still is just showing that they sent out my questionnaire on 03/05/19. No updates since then.  I have tried to find out by when the claimant has to pay the court fee but from what little information i have managed to find it seems that once the court has been allocated that is when the clock starts to tick for them but I am not sure how much time they are given?

But as the questionnaire asked for my availability for the next 6 months I imagine the court date has to be within this time frame?

 

[AndyOrch]

MCOL has finished once the Directions Questionnaires have been sent out..the claim is transferred to your local county court.You will receive an n157 shortly Notice of Allocation this advises the court directions and the what date the hearing fee must be paid by.

 

Andy