vcs pcn claimform - JLA Liverpool Airport-no stopping ***Claim Dismissed with Costs*** judge said VCS can't enforce no stopping

[Didusha]

supplemental ws ready.

 I am still not sure whether to send it or not, however I am uploading for your review.

I haven't received anything in the post, so I assume they will only serve me via email.

witness statement - supplemental.pdf

[Didusha]

1 hour ago, FTMDave said:

Well spotted!

 

Jake Burgess either works for VCS or at least does work for them, as his name has appeared on letters from their legal department and he has written WSs for them.

 

This part made me particularly laugh, as I know Ambreen quoted it for JLA - "This charge levied is used to police the Car Park and is heavily reinvested to improve the layout, the facilities and to alleviate congestion to the benefit of the users".

 

Really?  At JLA?  The charge is used to finance Simple Simon's flash house & cars!

 

If you do produce a SWS you can humiliate Ambreen for stealing an article referring to a train station where monies made from a parking scheme were used to improve the facilities and using it for JLA where monies made from the parking scheme are used solely for her company's profits.

 

 letters I have received ( the one for the reduced charge) and the second submission of the particulars of claim were signed by him. 

 

[Didusha]

I also found the a copy of the old byelaws, which I attach to my SWS if I decide to use it.

 

Good job I am not a judge, I'd  be bored/annoyed if people kept on saying the same things in 100 different ways.

[Gick]

May I point out that in point 11, you are using a double negative and it would be better to state 'Neither ..........can not be compared to this claim'

[FTMDave]

In (2) it has to be "Ms Arshad" rather than "Ambreen".  Yes, I know we ridicule her and have a much worse nickname for her colleague who also writes WSs, but in a formal court document you can't really first name her.

 

In (8) the part "Since it is not possible to form a contract which could involve a criminal offence, the
contract offered by the Claimant is invalid and consequently no contract was in existence at the time" needs to go.  The argument connected to criminality regards VCS's illegal signs, not the bye-laws issue.

 

I would change the start of (9) from "The Private Parking Code of Practice Feb 2022, though under review, says" to "The government Private Parking Code of Practice Feb 2022, set up in accordance with the Parking (Code of Practice) Act 2019, says".  VCS's policy so far has been to pretend that the government CoP doesn't exist, so I don't think there's any need to undermine its legitimacy.

 

Between your current (11) and (12), if you want to have a further laugh at Ambreen's expense you could put -

 

(11)  In her SWS para 16 Ms Arshad states "This Charge levied is used to police the Site and is heavily reinvested to improve the layout, the facilities and to alleviate congestion to the benefit of the users".  This is clearly false.  Monies raised by the Claimant's invoices go to the Claimant, none are spent on John Lennon Airport, certainly not on its layout and facilities.  Research reveals the reason for this nonsensical claim.  Ms Arshad has copied and pasted a comment made by her colleague Jake Burgess on 8 August 2017 regarding a car park (not the open road) at the Sandwell & Dudley train station (exhibit XXX).  One wonders what else Ms Arshad has copied and pasted and then signed off as the truth without doing any checking whatsoever regarding if her arguments fit John Lennon Airport.

Edited January 15, 2023 by FTMDave
Extra info added

[FTMDave]

Because her SWS arguments are rubbish, it doesn't really make much difference if you send the SWS or not.

 

However, I would, slightly, be in favour of sending it.

 

She got another bite at the cherry - so should you.  She called the existence of the bye-laws into doubt - you provided them.  You get to ridicule her and the IPC - always fun

[Didusha]

I probably will. In for a penny... and all that. 

Since I will "admit" to being served if I send a response, do I send it via email? 

They don't care to respect the judge's order or my request, so not sure whether insisting on being served via post is of any use anymore.

[FTMDave]

Regarding the digging you did today, I've slightly edited my suggestion above, and indeed suggest you include Jake's nonsense as an exhibit.

 

The reality of county court is that judges are under immense time pressure and don't have time to read all the documentation properly.  However, I have personal experience of judges going absolutely berserk at the other party's legal representative for allowing evidence which is clearly false and takes the wee wee out of the court.  Ambreen's cut & paste certainly falls into that category.

 

Nothing ventured ...

 

Yes, send by e-mail to the court, we discourage the use of e-mail but you're at the end of the process now and VCS cannot trip you up with filing anything at the last minute, make sure in the Subject field you put the claim number and the names of the two parties.  Click on "return receipt".  And CC to Ambreen so she can get a cherry on.

[lookinforinfo]

I would put in to your WS that VCS know that they lose so many cases involving  Liverpool airport which is not relevant land under PoFA so much so that you question how MS Arshad can believe that when she signs her WS it can be truthful.

 

Also on top of that how can VCS keep saying their JLA PCNs are capable of transferring to keeper laibility when the land is not relevant land.

 

That might put pressure on either the Judge to call Ambreen in to Court or VCS to withdraw your case.

Edited January 16, 2023 by lookinforinfo

[Didusha]

10 hours ago, FTMDave said:

Regarding the digging you did today, I've slightly edited my suggestion above, and indeed suggest you include Jake's nonsense as an exhibit.

 

The reality of county court is that judges are under immense time pressure and don't have time to read all the documentation properly.  However, I have personal experience of judges going absolutely berserk at the other party's legal representative for allowing evidence which is clearly false and takes the wee wee out of the court.  Ambreen's cut & paste certainly falls into that category.

 

Nothing ventured ...

 

Yes, send by e-mail to the court, we discourage the use of e-mail but you're at the end of the process now and VCS cannot trip you up with filing anything at the last minute, make sure in the Subject field you put the claim number and the names of the two parties.  Click on "return receipt".  And CC to Ambreen so she can get a cherry on.

 

 I will include this bit about Jake, however I am not sure that I can claim they do not invest anything. In their contract, it does say that it is their obligation to maintain the infrastructure related to parking management( signage, markings, ets). Also, a portion of the "spoils" does go back to JLA( as per their contract, they redacted their version, but mine has the % they have to pay to JLA), so that revenue from PCNs may well be used to improve the airport itself, even though it is not directly re-invested by vcs.

She has copied and pasted it, however she has added at the end that "This is supported within the scope of the tender document." 

[FTMDave]

46 minutes ago, Didusha said:

Also, a portion of the "spoils" does go back to JLA( as per their contract, they redacted their version, but mine has the % they have to pay to JLA), so that revenue from PCNs may well be used to improve the airport itself

We didn't know that - thanks.

[brassnecked]

That bit might be useful regarding the spoils.

[Didusha]

I emailed the court last week with the supplemental ws.

 

I added a bit about one of the debt collectors being a headline sponsor for the IPC annual conference in my paragraph where I address the issue of  additional charges allowed by the parking association.

 

I am just going over my main points in preparation for the hearing.

 

I have some questions regarding the day.

1. Will there be information on where the hearing is? 

 

2. Is there anything I should be aware of when I get to court?

How do I address the judge?

Do I refer to VCS as the claimant or use them interchangeably? 

Thank you 

 

[FTMDave]

The hearing will be at the court you chose.

 

You call the judge "sir" or "madam".

 

You can call VCS what your want - Claimant, VCS, charlatan, vampire, fleecer, spiv, conartist, scrounger, sponger, parasite ...

[Nicky Boy]

Ha! A list of synonyms!

[lookinforinfo]

You forgot to add "bunch of losers".

 

Also please note that Judges are now referred to as Judge rather than sir or madam. It changed late last year.

[FTMDave]

Didn't know that LFI - thanks.

[Didusha]

Wish me luck, today is the day!

will update as soon as I can.

[dx100uk]

walk in the park unless you suffer judge lottery.

 

dx

 

[Didusha]

If by judge lottery you mean, my judge is decided minutes before the hearing. I think this is the case. They just told me that there are four judges and I won't know until the start who it is, and whether they have had the time to read the file or not.

Oh well.

[dx100uk]

No. Not the case 

 

Use our enhanced Google search

Judge lottery.

 

But don't worry too much about that 

 

It's rare, but does happen, just depends who they play golf with 

 

Dx

[Didusha]

Claim dismissed, £100 awarded to defendant, no right of appeal. Will go into a few more details when I get home.

[FTMDave]

Well done on your victory! 

 

Simple Simon gets a right good kicking twice in a day!

Edited January 30, 2023 by FTMDave
Extra info added

[brassnecked]

Excellent VCS pwnd again

[Didusha]

So.....

I would probably have to wait for the decision in writing , but I wil try to summarise the decision to the best of my ability.

The case was dismissed because VCS failed to convince the judge that they could issue a PCN for not stoppin, as it wasn't part of their own contract. Mr Pickup tried to explain that this was a charge for parking in restricted area of the car park. 

The court did not agree, because I explained I was not at a car park, neither on the red route. 

So the court was not convinced that I had breeched any of their terms.

The judge did not discuss my other points.

In my closing statement, I went through all my points that was that.

 

Not sure how what happens now, but the judge said there was nothing else for me to do.