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

[brassnecked]

No you won on the Primary argument, Stopping in a No Stopping  area is is not Parking, that was also fund to be the case with a breakdown where a fleecer sued a keeper of a broken down car and invoiced  the tow truck that came to assist.

[Didusha]

I want to take the time to thank all of you who have gave me guidance, advice and reassurance. You took the time to read through all  my documents, statements, evidence, emails etc and reply to all my questions.

Half of the costs are yours(donation made), the rest, if you don't mind, I am getting a decent drink with - to help relieve all the accumulated stress.

If one day I am in a position to donate more, I shall.

Now I need to figure out how to get my money off Simon.

[dx100uk]

[lapwing_larry]

4 hours ago, Didusha said:

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.

 

 

Congratulations on your victory! Feels good I'm sure.

Simon gets another spanking

[FTMDave]

Enjoy your drink!

[lookinforinfo]

I am so pleased for you. You put in a lot of work and asked a lot of questions.Sometimes when you put in a good WS the Judge picks up on the first thing such as stopping is not parking or no parking cannot be contractual and throws out the case without going any further which can be a shame when you want to show what else VCS did wrong. 

On the other hand it is always better to see you are on a winner early on. Good for the nerves. So very well done on your win. Not much doubt about it though as you did a very good WS and as I said they are losers.  Enjoy your win. 

[Didusha]

Hello

back again, is it often that VCS do not comply with the court order about defendant's costs?

I emailed them on 13th reminding them of the court order and supplying bank details, as I wasn't sure how would costs be paid.

They replied that they had sent me a cheque prior to my email.

I haven't received anything, so I emailed again, and they haven't even bothered replying this time. They had 21 days, which expired on Monday.

I  couldn't quite find information on how to proceed or if it will be worth my time/money, so back for advice again.

[honeybee13]

Hi.

 

That's disappointing. To save us re-reading the thread, could you remind us how much money is involved please?

 

HB

[Didusha]

£100 - They may well have sent it, but I have received post everyday since that email and the cheque is nowhere to be found.

 

Thanks 

[Nicky Boy]

Amazing how they can set up all sorts of electronic options for you to pay them... But send you a cheque through the post! (Allegedly).

[FTMDave]

It would be fun to get the bailiffs after them!

[Didusha]

It will be fun, but is my order enforceable?  I am the Defendant and not the claimant, and I believe there is further cost involved if pursuing enforcement.

My thinking is- I never had the money, so I shouldn't bother, however if I can inconvenience and annoy them and it won't cost more than what I stand to gain, bring it on.

I spoke to the court, but they just said I need legal advice.

[lookinforinfo]

You could write and say that as you have not received the cheque, could they please put a "stop" on that cheque, send you  a replacement cheque and just confirm your address for them.

Give them 14 days or you will see them back in court.

[Didusha]

I did as advised above, and I got the cheque today.

Thank you all.

[AndyOrch]

[FTMDave]

Well done on the absolute hammering you've given Simple Simon.

[brassnecked]

Imagine if you had had to issue a Claimform for the costs....  Well done you