VCS Spycar PCN PAPLOC Now Claimform - 'no stopping' - London Southend Airport***Claim Dismissed****** Now VCS asking for Leave To Appeal^^^

[dx100uk]

1st tip is do NOT enter into any little chats their rep wants before you go in

smile and walk away.

 

ensure the writer of the WS in in court to be X examined in person by you.., if not question this with the judge  and politely point out rights of audience i think it is... the WS cannot thus be relied upon at all inc its exhibits.and is all but inadmissible.

 

other than that, only speak when spoken to by the judge, but don't sit there listening to a tissue of lies or fake statements, if you need too speak up.

 

 

[honeybee13]

It isn't formal like Perry Mason. From what I understand it will be you, the judge and someone representing Simple Simon in a room around a table. [I haven't been to court myself, hopefully someone can add to what I've said.]

 

Do you have your papers organised in a file so you can find things easily when you want to refer to it?

 

HB

[AndyOrch]

You wont get to cross examine anyone..the judge conducts the hearing...he speaks to you he speaks to the claimants representative... which can be in a normal court room or his chambers subject to how busy the court is.

 

If you wish to question validity of the statement and the drafts person not being in attendance....then simply refer to the following.

 

The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act given that they are not in attendance.

[WoodDD]

Thanks, Can I put that in plain English  ?

[lookinforinfo]

Perry Mason, Honeybee? My  grandmother used to tell me about him.

 

Honeybee is right-it is very informal-no wigs and no hangman's cap.

You refer to the Judge as Sir or Madam and they will be in suits as you should be too, plus wearing a tie.

Do not interrupt the Judge and always be polite to the Judge.

 

If Yasmeen does not appear suggest to the Judge that it would be unfair that their brief is allowed to cross examine you since you have been denied the chance to cross examine her and there were many things that required examination in her WS.

 

Try not to gloat at the end.

Good luck.

 

Do not forget to claim your expenses-time off work, travel, parking and £19 per hour  legal work.

[WoodDD]

Thanks a lot guys. One more question please:

 

How should I argue this rubbish point from VCS WS?

S38: It is argued that the Byelaws are therefore arbitrary. It is not mandatory that the Byelaws are utilised so long as the relationship is established between the two parties.
 

Byelaws is attached for reference. Thanks a lot!

 

Southend-on-Sea Municipal Airport Byelaws 1983.pdf

Edited October 1, 2020 by WoodDD

[lookinforinfo]

Total eyewash.

Schedule 4 of POFA at section 2 and 3 describes the relevant land and relevant contract where POFA applies. The airport is operated under statutory control.

The Byelaws are quite clear that their rules are the relevant ones.

 

B   Acts for which Permission is Required 

51] No person shall, without the permission of the Airport Director, post, distribute or display signs etc etc

Under "Interpretation" the Airport Authority is Southend Council [this is the second tranche of Byelaws from the Council appearing under the first set of regs] as there are two sets of Interpretation listed.

 

Where Byelaws exist, any fines arising from breaches of the Byelaws go to the Exchequer rather than the airport or the parking company. So to get round this, the crooks are brought in to get round the money going to the Government.

 

Somewhere on the airport a company allows the crooks to set up their system that rakes in a lot more money than the Byelaws can and they do some sort of profit sharing arrangement together. Effectively they are cheating the Exchequer out of money that should have gone to them had any Byelaw been broken.

 

There should be a contract between the crooks and Southend Council.

 

Don't hold your breath looking for that contract.

[WoodDD]

Just got a letter from my local court, saying the hearing for tomorrow is now being held on phone. Gutted the changes were made in the last minute.

[WoodDD]

The case is adjourned as the guy from VCS claimed that they had not received my WS, which I did through post and email. The judge ask me to present my evidence in 7 days. Gutted for VCS's lies.

 

 

It was a mess.

 

I was notified it would be done by phone.

In the last minute the court emailed to join team meeting through video.

The judge who also claimed he had not read my WS either although he admitted the court received it, seriously?

 

The case had been reassigned to a different judge today.

I didn't object it although I had waved my post certificate through my camera. 

What should I do now?

[AndyOrch]

Nothing .....wait for a new date...or you could email them a further copy.....show the court how amicable you are.

 

Andy

[WoodDD]

Any tips for the letter to my court? I may request the case to be struck out? Thanks

 

[dx100uk]

what letter?

 

[WoodDD]

The judge asked me to send to the court my evidence of sending WS to the Claimant. in 7 days. I did it in email and post with a post certificates'.

[dx100uk]

simply do that then and resend it too by email did he say?
 

[WoodDD]

I asked email from the Claimant.

The guy was a solicitor and claimed he did not have any.

The judge did not have it either.

I'll just send y proof and get them in court there for their unreasonable behaviour. They obviously were lying.

[AndyOrch]

Well you have had it plenty of times and been told to block it...but anyway here it is.

 

PLEASE NOTE: If you have recently received a County Court Summons OR a County Court Judgement (CCJ) relating to Vehicle Control Services Ltd, DO NOT use this contact form to get in touch as it will not be answered, instead email directly to:

 

[email protected]

 

https://vehiclecontrolservices.co.uk/contact/

[WoodDD]

I'll be sending my draft order, request to strike out the case, updated cost calculation, along with my proof of sending my WS to VCS.

Anything else I should mention in the letter / email to my local court?

[AndyOrch]

Quote

I'll be sending my draft order, request to strike out the case, 

On what grounds ?

[WoodDD]

Abuse of process

[AndyOrch]

What abuse ? just because they state they have not received your statement and evidence...which may be possible if its gone to the wrong department... and the judge has adjourned to allow you to prove and rectify this allegedly mishap...is not really grounds of abuse on their part....it can and does happen.and unless you convince the court ,which Im sure you can....they could possibly go for a strike out of your defence because you " allegedly " failed to serve your statement and evidence on them by date and therefore didnt fully comply with the court directions.

 

The fee to make application for strike out is £100 without a hearing...and £250 with...which Im sure would require a hearing for that type of application....and the chances of your application being successful would be nil and dismissed by the court.

 

Do as the judge as directed.....bide your time..forget any application with draft orders for something that wont happen.

 

Andy 

[Themalibukid]

Fancy doing all that work and then not sending to the court and claimant registered delivery ?

 

cost a fiver but you can print off the date and signature of the person who signed for it at their end.

 

i was advised against email before the hearing as it gave them a chance to prepare a response to my points.

 

good luck but as Andy says you have to work with what you have, which is of course to comply as directed and to appear to be helpful in this regard not kicking back against the process or you are on shaky ground

[WoodDD]

I did not send my doc by registered delivery as advised, however I did obtain the 'certificate of posting' to prove my post.

Edited October 7, 2020 by WoodDD

[AndyOrch]

Well thats all you need as evidence it was sent...just steer clear of any mad ideas of making application to strike out.....and Im sure you will be fine.

 

 

Andy

[WoodDD]

What fun it is!

The case was heard today via MS Teams.

The representative of VCS kept his lie, saying he still hadn't received my WS even though he acknowledged having received my "certificate of posting" and the screenshot of the original email.

 

I asked the judge to dismiss the case due to the unreasonable behaviour - that was denied.

The judge ordered me to email my WS to the representative on site (which I complied with) and gave the agent 20 minutes to read.

 

The representative read my WS and sent the judge and me two more pieces of evidence (which would be attached).

The judge gave me 15 minutes to read.

 

I read the evidence and stated that I would need more time (for a few hours at least) to do some research on the evidence as a layman of the law. I also mentioned the case is not about the money but the principle as the money was not worth the time I spent on it at all.

 

Finally, the judge criticised the claimant's unreasonable behaviour but refused to dismiss the case.

The judge re-adjourned the case for a later date.

Gutted!

 

Britannia Parking v Semark-Jullien final jmt.pdf VCS v Ward.pdf

[brassnecked]

Wonder if the judge is after hanging Simple out to dry?