VCS ANPR 2015 PCN claimform - Berkeley Centre Sheffield S11 8PN ***Claim Discontinued***

[anniebattlemum]

Yes I sent them a signed for CPR 31.14 request on 6th July and they have chosen to ignore it, which they usually do apparently. Interesting that they sent you one. Was this the one from 2013 that the judge rejected?

[anniebattlemum]

I have now had a response from Planning Enforcement re my question as to whether ANPR cameras were considered when they conducted their investigation into signage at Berkeley Precinct.

 

Answer: Yes and generally speaking, they are classed as being de-minimus i.e. not significant enough to consider as development.

 

No joy there then, so will have to re-visit the angle of the declared purpose of the data obtained from the cameras and the fact they don't record actual parking time etc. 

 

[anniebattlemum]

Interesting that Richie Boy's case was won on the contract issue. No reply from the land agent on this topic and not sure whether I should email them about it, or whether they might actually fabricate something if I push them further, so as to cover themselves and their lessee. Do you think it would be better to just let VCS wallow at the hearing, or is it better to pursue it in advance? Any advice would be appreciated.

[ericsbrother]

read up on agency. the agent isnt going to reply to you so you have to get the judge to amke an issue of this lack of a contract with the landowner and thus the breaking of the chain of authrity between them and VCS

use anything you can find, read all of the toics in the parking pranksters blog and copy anhthing slightly relevant and add it to your bundle

[anniebattlemum]

OK thx Erics brother. I'll see what I can find. 

[anniebattlemum]

My daughter has received a letter from the court inviting her to go to mediation.

She has to respond within 7 days.

 

She is wilting under the stress and I have a battle to keep her on track, as she is concerned about childcare costs for the hearing and the fact that another baby is due in January.

This is exactly what VCS depends on.

 

I have told her no way, we are not negotiating, those rogues aren't entitled to a penny and we will claim back the childcare costs!

 

I think both claimant and defendant have to contact the mediators, but I haven't seen the latter yet.

 

I presume this is normal procedure. 

[dx100uk]

N180 

always no to mediation on PCN cases

 

 

 

[anniebattlemum]

Should we have received a copy of the claimant's Directions Questionnaire, confirming they are proceeding?

 

I know they are as we've been offered mediation by the court,

but it seems like another issue to raise when the time comes. 

[dx100uk]

didn't make a mistake and gave them an email ad did you?

 

dx

[anniebattlemum]

No we were careful to exclude email address and phone number, just gave them the address. 

[anniebattlemum]

Happy New Year to all you wonderful supporters on this site.

 

We now have a hearing date of April 6th, which coincidentally is my birthday, I hope it will result in a celebration!

 

Can we expect to receive further correspondence from the court re instructions for the Witness Statement, which I understand has to be submitted to VCS & the court 1 month before the hearing date?

 

I shall be working on a draft from hereon.

 

I had hoped that the government would produce their Code of Practice for Private Parking Companies before the hearing, but they have been otherwise occupied,  and I assume consultations are still ongoing. 

[dx100uk]

usually 14 days for WS exchange

and no they don't give guidance but we do ..

[ericsbrother]

you may well get a begging letter dressed up as a threat from VCS offering you the chance to pay them just £120 or thereabouts for them to drop the claim. If you do it is a sure signs that they are thinking of pulling out.

 

Now check with the court to see if they have paid the allocation fee 9 probably have as you have a date) and check when you have to exchange docs by, usually 14 days before. you have to send a copy of everything you want to use to court and also to VCS. If your bundle to VCS arrives a day or 2 late but got to court on time nothing bad will happen

 

When VCS sned theirs post it up here so we can pick holes in it as well. there are procedures at court that need to be considered but more of that nearer the time such as who signed their docs and who is going to attend on their behalf.

 

Mediation not practiable for this, you either owe them or you dont, its not like a buiolder claiming that you need to apy him for dodgy work and you refusing to apy, where there are grounds to mediate on paying for some of the work etc

[anniebattlemum]

Thx Eric's Brother.

 

The latest is that VCS has until 2pm on 9th March to pay the trial fee of £25.

We have to submit copies of the Witness Statement and all associated documents to both the court and the claimant no later than 28 days before the trial date of 6th April, which I believe would also be the same deadline of 9th March.

 

This would mean that the Claimant would get to see the Witness Statement before paying the fee, although if we time it right so it arrives on 8th March, they won't have much time to review it. Would you agree?

 

I'm working through all our evidence but will need as much time as possible to put it all together.

The Defendant is about to deliver her second baby, so the timing is not good.

 

May I post a draft for your consideration, once it starts to make some sense?

 

Thank you to everyone on the site for all your support.

[dx100uk]

yes post up your WS 

but i'd use your LiP advantage here and await theirs before you sent yours..

 

you sure its 28days?

normally its 14 days?

 

dx

 

[anniebattlemum]

Yes that's what I thought, but instructions defo say 28 days. I assume the Claimant has the same instructions,  so we might not get theirs much before the deadline, but we're in no hurry to get ours off to them, as will be needing the time. 

[honeybee13]

Well, as dx says, you have a bit of latitude as an LiP [litigant in person] whereas the claimant should be doing things to time.

 

I hope everything goes well with the baby.

 

HB

[anniebattlemum]

That's very kind. Thank you.

 

[anniebattlemum]

A question on practicalities:

I have read that the Witness Statement should be placed in a ring binder, with a table of contents, and the evidence listed in appendices, to make it easy for the judge to read, and then submitted to the court by hand.

I'm happy to do this before the 28 day deadline, along with the relevant original photos, as long as I get a receipt!

 

I understand a copy of WS + documents can be sent by email to the Claimant.

I presume they need the whole package too, so can I send them scanned copies of the photos + evidence?

 

It might be easier to just mail it all, with signed for delivery

- does it have to arrive on the same day that I deliver it all by hand to the court?

 

Any guidance would be very helpful - thanks. 

[dx100uk]

you can scan and send yes.

although most will be PC based production anyway

so rather than scanning

file save as .pdf

attach that..

[anniebattlemum]

Our Witness Statement is about half done, but needs seriously condensing & only about 2 weeks to go.

 

Apparently my daughter has just received a package which sounds like a possible statement from VCS which she says is about 40 pages long!!

 

I'm going to collect it tomorrow and will then try to stick it up here for your further entertainment.

 

I may have to rewrite the WS based on this. 

[brassnecked]

half of it will be blather and rubbish dancing around what is Law, what is permissable, and trying to paste over their case shortcomings.

[dx100uk]

yes correct

that's what we said earlier

get their 1st

use yours to rip it apart

 

should be easy to win now they've played their cards.

 

dx

 

[ericsbrother]

I bet it doesn t mention the claims they have lost from this site.

Look some up on the Parking prankster's blogspot and use them as examples.

 

By all means glean similar from other motoring forums as well,

each has its own approaches but try to avoid using verbiose openings to your statement.

 

anything starting " it is admitted that the defendants is".... makes me sink in my chair, no-one talks like that so use the third person " the defendant" but them write in english rather than lawyer speak.

 

I say defendant, claimant etc rather than names at it is then clear who is saying what and about whom whereas if you say Bill said that Pete told him Bill was wrong it doesnt explain what part they are playing in this drama

[anniebattlemum]

That's really helpful Erics Brother. Thank you.

 

I had written The Defendant etc. but then read on another site that you should always personalise it and call yourself I, so I changed everything.

 

I must admit I prefer the 3rd person, then everyone is very clear who is who.

I'm picking up the story from Sheffield this afternoon - can't wait!