VCS PCN spycar capture - claimform - no Stopping in Restricted Zone - Bristol Airport ***Claim Dismissed***

[brassnecked]

You want a remote hearing, on the papers is a no no it  allows VCS to insert more lies you can't challenge.

[m1n1me]

So, something like "I do not agree to a paper determination as I feel it will impact my ability to appropriately defend my case and challenge any points raised by the Claimant"?

[dx100uk]

face to face.

 

 

[m1n1me]

It's says that you can ask for the claim to be "deferred until after the current Covid-19 restrictions have altered sufficiently to permit a hearing which the parties attend in court", but I'm not sure how I give good enough reasons why I don't think a remote (phone, Skype etc) hearing would be OK...

 

[dx100uk]

you don't have to give a rock solid reason

the mere fact you don't want on the papers for whatever reason is your legal right, you are the defendant.

 

i wish only a face to face hearing as i wish to cross examine the evidence produced by the author of their witness statement.

 

 

[m1n1me]

the court has gone ahead with a phone hearing regardless of my objections...

 

The ICO have responded to say that they are investigating a complaint about VCS unlawfully obtaining details from the DVLA - this came after the submission of defence - is it still possible to raise in the witness statement?

[dx100uk]

well its it is face to face

it will be like zoom or skype.

 

you have a date?
 

[m1n1me]

It's BTMeetMe so audio only unfortunately. Statements by 16th November, court on 9th December.

[dx100uk]

and when do VCS have to pay the fee by?

 

dx

 

[m1n1me]

Not until the 11th December

[dx100uk]

you mean november?

[m1n1me]

It says "Unless the claimant does by 4.00pm on the 11 December 2020 pay to the court the trial fee of £25.00 or file a properly completed application......then the claim will be struck out" - seems like an error to me as I assume it would normally be paid before the court date?

[dx100uk]

yea..

oh well.

so time to get moving on your WS

 

lots here already inc

 

 

[m1n1me]

Wrote to the court about the fee date being after the hearing, and they admitted it was a mistake so it's now 13th November, statements by 16th, hearing 9th December.

 

I've made progress on my WS, but I assume if I leave it till last minute to send, I can find out if VCS actually pay the fee before I do (if them not paying the fee on time actually gets the case dismissed rather than postponed)

[dx100uk]

its far better to exploit you LiP status and await theirs before you file yours.

however

no harm in getting it ready and checked here.

 

 

[m1n1me]

Thanks.

 

I've seen exhibit cover sheets mentioned on a few other threads - what do they need to include? Is it just a separator page before each exhibit itself with the exhibit number on it? Does it include the "title" of the exhibit too?

[dx100uk]

plenty of VCS witness statements here already

use our search top right

 

but yes thats the basic idea

[m1n1me]

I've done some reading and making some progress - should I replicate anything/everything that I've already submitted in my defence?

 

Also, I've seen a WS that includes a counter claim - should/can I include it? I didn't declare a wish to counterclaim on any of the MCOL/court paperwork.

[dx100uk]

you do not counterclaim in a WS , you can however mention costs in a sep letter

you don't repeat your defence

your WS is in support of the points you made in that, further expanding upon them and including relevant Exhibits where necessary

it is also used to pull a claimant WS apart point by point

 

 

 

[m1n1me]

I've been reading up on the court "bundle" - do I actually need to send the WS etc to the court and VCS in a lever arch file, or just the pages?

[dx100uk]

just paper

[m1n1me]

I was hoping to get some decent pictures of the signs at Bristol Airport ahead of the submitting my WS, but with lock down 2.0, I won't be able to. I've got a screen grab from Google Street View that shows one of the signs at an angle, but if anyone knows where I can get a better picture of the one attached, I'd be grateful - its the second sign on your left as you go in!

 

[dx100uk]

plenty of byelaw no stopping WS's here already.

 

the very important bit here is that byelaws override any civil parking contracts that might exist. 

byelaws breaches can't be adjudged in a county court.

 

 a breach of byelaws is an issue for a magistrates court and the byelaw authority and byelaws enforcement cannot be passed to a third party.

 

any money goes to the purse not to the authority nor any third party.

[m1n1me]

Yeah, I've had a look through but not been able to find any with photos of the signs though, but I'll check again though.

 

In my WS, should I include specifics of the day - e.g. where the vehicle was, the fact it was only stationary for 11 seconds, not parked etc? I've seen those sort of details in some WS, but not others.

[brassnecked]

Relate the 11 second stop using a definition of parking, as in stopped and planning to remain there and leave the vehicle impossible as it was a no stopping area VCS have form for invoicing people stopped to let pedestrians cross at a pedestrian crossing on Airport roadsas well

 

In any case as No Stopping is a prohibition and Airport is under Bylaws, its not in VCS remit to demand anything from you.  Re read the thread and check on what ericsbrother has said also.