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

[m1n1me]

VCS have missed the deadline for sending copies of their WS to me - does that provide any opportunity for me to request that the case be struck out, or do I just have to accept it and wait..?

[dx100uk]

ring the court and ask if they have received theirs from simple simon.

 

dx

 

[m1n1me]

I've just called them - they haven't received anything either. They suggested sending them an email to tell them I haven't received.

 

Should I suggest that it shouldn't be possible to use at the hearing, or go so far as suggest the case be struck out?

[dx100uk]

i suggest thats not your call.

they've failed the judges direct orders 

the court should act.

[brassnecked]

You don't want to be emailing VCS at all especially at this point, as if they get an extension to submit by the court, they will email it to yui at 11:59 the night before a case.

[m1n1me]

They have attempted to email the witness statement today, with a date of three days ago in the subject. It was either not attached or blocked though so I still don't have a copy...

[dx100uk]

how did they get your email address??

is your WS ready, you've posted nothing here to date and it was due on the 16th?

 

dx

 

[m1n1me]

Apologies - I had a lot going on and didn't end up posting it up - it's attached below.

 

I got it to the Court and DCB on time. They will have got my email address from when I sent a request under CPR31.14

Exibit List - Redacted.pdf Witness Statement Redacted.pdf

Edited November 18, 2020 by m1n1me

[dx100uk]

thats a great WS, push the byelaws to the front when in court mind, thats the most important factor.

 

did you accidently give simon your email AD on their N180?

 

the email attachment is prob + 8Mb so was stripped .

 

 

[lookinforinfo]

First thing is to block their email address and send them an email that they must conduct all their correspondence by mail NOT email in future and remind them that you have yet to receive their WS.

Very good WS-they should withdraw their claim against you if they have any sense.

 

[dx100uk]

bit late for that now...

simon has already tried to send his and the OP has already submitted theirs

i'd email him and say the attachment was stripped by their ISP can they resend it.

 

 

dx

 

[FTMDave]

That really is a cracking WS and methinks one we'll be suggesting that future motorists in No Stopping cases should read.

[m1n1me]

Finally have their WS. It seems very basic compared to others I've seen, with very little evidence. (does this mean I need to expect a supplementary WS once they've read mine?)

They point out copy and paste in the defence, but then talk about the land being a shopping centre on  page 6 (xvii) when it is an airport! (not the only one copying and pasting I guess!!)

They have also included the contract with the airport, which is good, as the images support my case for the vehicle being outside the enforcement area.

They didn't address point about bylaws in my defence (continued into my WS) or given a proper explanation on the RTA.

 

Had to compress and split the document to get it to upload.

 

 

VCS WS .pdf

[dx100uk]

who is mark robinson??

not seen him before

another new employee sheep to the slaughter who'll run very quickly out the job..

hope he is going to be there to accept questions and cross examination of that cut n paste rubbish that includes bits that are not even relevant to your case/location.

[brassnecked]

A cut & paste mish mash that won't stand up to cross examination,

[FTMDave]

Ho!  Ho!  Ho!

 

If dealt with rightly, this should turn into a good laugh.

 

Robbo reckons he might not turn up.  Well, will he or won't he?  Is he so thick that he can't look at his diary and see what he's got pencilled in for the next month?  C'mon, he's the Debt & Litigation Manager (oooh!) of that well-known multi-national VCS.  Plus he won't even need to travel, the case'll be dealt with on-line.

 

He moans about the OP's 22-paragraph defence (actually 27-paragraph WS, the legal genius hasn't worked the difference out) of 7 pages ... er unlike the the 45 pages of tripe VCS have sent.  I know which one the judge will appreciate more.  I noticed the "supermarket" error while skim reading the piece, wonder why Robbo didn't pick that up while, er, rereading his own work carefully  

 

I reckon Robbo is the new tea boy.

 

Simple Simon may well run away before the court date.

 

However, as always, despite my flippancy, it's best to plan for the worst, that the case will go ahead, that Robbo will have the intelligence to use Google Meet and show up, get all your ducks in a row just in case.  You have a great chance of seeing off these shysters. 

[m1n1me]

Hearing was yesterday - after a 30 minute delay, the phone conference based case was over in 30 mins - and I WON!

 

Mr Robinson, who wrote their WS didn't turn up (as expected) - instead it was Mr Pickup. The judge jumped straight on the fact the witness was not present for questioning, and that in their WS, they stated that if Mark Robinson wasn't available, that the hearing be based on documents only. He asked Mr Pickup to clarify whether the hearing was based on documents or Mr Pickup as a representative.
The Judge was very good (not that I have had any previous experience). He had read the documents ahead of the hearing, and asked me for the key points I was raising. I gave:

• Vehicle was stopped outside the area that VCS are contracted to enforce
• Stopping is not parking
• The airport is not relevant land under PoFA (at this point, the judge asked if I had anything else, and mentioned something like I didn't really need to add any more...)
• "No Stopping" isn't an offer of a contract
• The additional costs are an abuse of process and that many cases are struck out because of them
• The judge went on to ask Mr Pickup about where in their WS it showed where the vehicle was stopped. He was really flustered and admitted it wasn't in there, but that it was in my bundle. The judge asked that he explained the position from one of their aerial images - again, he struggled, but it was obvious the judge knew exactly where it was, and that it was only just on the double red lines (although based on the VCS/airport contract) a few metres off.

He asked Mr Pickup to confirm that the signage was all along the main road, not within the junction itself, he could not confirm.
He asked Mr Pickup to confirm that they were pursuing the claim based on the fact that the vehicle was stopped for around seconds (he had looked at my CCTV stills) with the front wheel just on the double red lines. Again flustered, Mr Pickup explained that it was still a breach.
He was then ready to make a judgement - He said any breach of contract was trivial at best. He said that I had consciously found an area not part of the no stopping areas so had not caused a mischief or blocked any roads, and that I had in fact, stopped with consideration. He mentioned my WS having a lot of legal arguments "likely taken from the internet", but said he didn't need to look into those.

It was all done within 30 minutes and I didn't really need to say much other than confirm what the Judge was saying.
 

It was mainly the judge as he had read everything - and I get the feeling he had already made his mind up from the start

Edited December 10, 2020 by m1n1me

[FTMDave]

Congratulations on your victory! 

[honeybee13]

Excellent news, well done. 

 

HB

[dx100uk]

Mr PickUp...

pick up the dog turn left by simple simon...

 

did the byelaw issue not play it's part...?

 

well done.

 

[m1n1me]

The Judge just said he didn't need to go into the other points because the issue of exactly where the car was stopped meant that he was prepared to throw out the case.

[brassnecked]

Excellent another one bites the dust