VCS Spycar PCN claimform - No Stopping - Southend Airport

[Cabman666]

Hi

I received an order from the court today stating that my case will now be heard by video link ( which I am struggling to set up on my iphone 

It says that the Applicant must submit a paginated, tabbed, and indexed electronic bundle to the court.

I have already submitted my bundle to the court ! 

The order is in PDF form below.

SO

       Am I the applicant ?

       Do I need to submit by email a paginated indexed and tabbed electronic bundle as the defendant ? 

       The order mentions that the parties shall seek to agree this bundle ! 

       What does that mean, and how would that happen ?

 

Thanks

COURT HEARING redacted.pdf

[dx100uk]

you are not the applicant

but you must:

• You must confirm your preferred email address for the invites to be sent too

 

[Cabman666]

Have done the email address thing.

The order specifically states just the applicant ?

[brassnecked]

If you have already submitted your WS bundle, then its up to Simple to comply with the Courts order  VCS don't submit  submit they chuck his claim out.

[Cabman666]

Thanks Brassnecked

[Cabman666]

Received an email today. Tomorrow’s court date has been adjourned -

 

“Unfortunately, we are having to vacate this hearing due to a lack of judicial time. We have not been provided a judge by the Judicial Secretariat to sit on the hearing.”

 

 

 

 

[dx100uk]

too much work on for silly PPC cases ,

 

dx

 

[brassnecked]

maybne the courts are waking up to Simple Simon and his shenanigans, and dots are being joined?

[BankFodder]

Open

[Cabman666]

Hi all.
Court hearing today. Logged onto video link, having taken another day off of work.
Judge could not locate either defence or prosecution bundle because of Covid ??????
Adjourned to a date yet to be notified !! 
Ridiculous!!!!

[honeybee13]

Thread reopened.

 

HB

[Cabman666]

Hi all.

lost my case.

I can not remember all the legalese from their BARRISTER, but the essence of it is that the judge ( whilst expressing sympathy with my case ) did not agree that airports act supremacy ( upon which I relied ), applied, and VCS were justified in issuing a notice to me, due to their contract with the airport.

Her reasoning was that it remained a private road, unless it were a road like the M25 going through the middle of the airport, which is clearly a public road, and that airports can not have people stopping or parking where they like, or it would cause chaos.

Not happy, but have now paid the charge and costs

[dx100uk]

Shame you disappeared for 6mts.

But a private parking company cannot enforce byelaws, and even if they could byelaw enforcement is via a magistrate court not a civil county court .

Sounds like judge lottery in a way, she didn't understand byelaw enforcement.

Dx

[Doomtrooper]

Is it possile to make appeal?

[Cabman666]

Don’t think so. I received a CCJ immediately, which is now removed as I paid up

[FTMDave]

Sorry to hear things went badly.

 

As dx says, judge lottery.

 

Did the judge make you pay the whole amount including the £60 Unicorn Food Tax?

[Doomtrooper]

As dx100uk mentioned - judge made legal mistake - so what I have understood, according to small court claim hearing  protocol you are entitled to make appeal...

 

Going to a small claims hearing

WWW.CITIZENSADVICE.ORG.UK

---

Find out what happens at a small claims hearing and how to prepare for it.

 

Edited February 7, 2022 by Doomtrooper

[Cabman666]

I paid the £160 + interest, and  limited costs of £100.

The barrister attempted to claim much more costs, but she would not wear it

[brassnecked]

Sorry to hear that deffo judge lottery, they really should be given some refresher's in aspects of law in regard to Private parking Invoices, at least she blew the VCS threatogram claim for extra legal fees out,.

[dx100uk]

So the std 'price' to pay, when you lose. Good news on the barrister costs. 

 

it'll cost you £275 to attempt a set a side / appeal. With no real guarantee of success.

 

Might be better to move on 

 

Being away 6mts didn't help us help you possibly either.

 

Dx

[AndyOrch]

You cant set a side a judgment when you lose a claim in county court as a defendant once judgment is awarded...you can possibly appeal the fee is £129 along with other fees in connection to the process.

 

Grounds for appeal can be rather complex and appealing a judgment is asking for the judgment to be looked at again because you believe a serious legal mistake has been made. An appeal will be dealt with by a different judge from the one who made the original decision.

 

Appealing a county court judgment is a two-stage process. First you have to get permission to appeal. Second, if you are successful in getting permission, you have to manage the appeal process.

 

Andy