VCS CCTV PCN - No Stopping - Outside entrance to southend airport SS2 6YF (Lay Rep too) ***Claim Dismissed***

[brassnecked]

WQe need to see the whol;e sorry misive from beginning to end, then it will be clear which points need extra emphasis in your WS, that non existent sign is one such point, as if they have submitted it as being on the site when it is somewhere else its a nice one to include.

[nightnajjers]

Thank you for sorting out the photo mess and your answers.

 

WS has been delivered to vcs already,  In the WS they sent, there is a plan but it is not the one that is included in the Contract they sent as a result of the CPR request.

 

Plan 1 is the one is one that came with their WS.

 

Plan 2 is the one that is attached to the Supposed contract (Page 7 ) which was supplied as a resut of the CPR request .

 

The two black and white signs in the images above, do not show them in situ, so I don't think they can rely on them anyway. otherwise they could just produce any old sign and claim it was in situ.

 

The only pages that are not above in the vcs WS  are Para 1&2 (Introduction) and the copies of the two Court Cases they are relying on. 

[brassnecked]

"The two black and white signs in the images above, do not show them in situ, so I don't think they can rely on them anyway. otherwise they could just produce any old sign and claim it was in situ."

 

That is exactly what the solicitor they send might imply, that the sign as illustrated is at the location, the one provided is to show what's on it or some other bollox.

[FTMDave]

I think we need to learn from this case and emphasise that Caggers shouldn't send in their WS until the fleecers' one has arrived (if at all feasible).

 

There is loads wrong with Simon's signs that the OP could have put in their WS.

[nightnajjers]

in this case it was not feasable Posting  was left to the last minute. even given a few more hours it would have been difficult to alter everything round to include extra arguements.

 

If the law iaw applied properly the judge should not have to look past the first three lines of the supposed contract. I think the judge woud prefer to rely on Companies house rather vcs 

 

[brassnecked]

Best to prepare a crib sheet for hearing addressing what Simon's lot have put related to OP WS points to fire at opposition then.

[lookinforinfo]

There should have been a contract included in the WS. If there wasn't it will be very difficult for them to prove what the contract said or whether there was a contract at all-or certainly a valid one.

One could postulate that they know their contract is no good as they have lost cases in the past on the invalidity of the contract. So they do not want to show the contract as they then would be unable to aver that they had told the whole truth................

[nightnajjers]

There was no Contract included in their WS. The relevant parts (to the Defendant) of their Contract were included in the defence ws. There at at least eleven points in the defences favour.

 

As far as I can tell, all they have is, we put up a few signs and there was an alleged breach of contract and we rely on two cases , neither of which were on airports, or cases involving  no stopping, one was not represented by the respondent.  Both cases were where the respondents admitted they were the drivers. and both were on contraventions on Business parks

 

[lookinforinfo]

It does look a particularly weak WS from them. And they keep spouting on that they have a contractual  clause when "No Stopping " cannot offer a contract. Nor can they back up that claim as they have not produced the contract.

[nightnajjers]

Do you know, It never occurred to me that they did not include a contract with their WS, ....happy days !

 

Can't see how they thnk they can rely on Contract if they have not produced one, even if it does not include them.

 

Can the Claimant or for that matter the Defendant admit further documents? I read somewhere about supplimentary admissions. From what I can gather only evidence that was not available when they made their WS can be further admitted.? If that is the case can't see they can introduce  extra evidence.

 

 

 

[lookinforinfo]

I suppose they could say that it was included and you are being less than truthful when you say it wasn't included. Did they incclude a list of all the paperwork included? if so was the contract mentioned. No doubt they didn't include the planning permission for signage and ANPR cameras either.

I have seen supplementary WS's added  later but do not know the circumstances of when they are allowed. Interesting to see if the Court gets a copy of the contract.....

 

[nightnajjers]

No list of paperwok  provided in vcs  WS. As they already sent a full copy as result  of the CPR request, the Contract and some of it's  contents were referred to and shown in the defence. There is absolutely no mention of the Contract in their WS. Apart from no stopping supposed contract.

 

As parts of their Contract are included and referred to in the Defence,   it is known that the Defendant has received  the Contract. No point in denying it was not included as it is very much in favour of the Defence.

 

Perhaps Something for future victims,   Videoing opening the packet on receipt??

 

Despite two requests (proof in defence WS) for  evidence of any  planning permission none were provided.

 

The system does seem to be a bit unfair, the accusers not showing their hand  until  late leaving  not enough time for the victim to counter. But I guess that is what the hearing is for 

[dx100uk]

They cant rely upon anything not ref'd by an exhibit in their ws.

 

Some of the contents were referred to in the defence...who's defence?

 

I notice you dont appear to have ever posted up your filed defence nor their cpr 31:14 return in full?

 

DX

[Nicky Boy]

Can someone remove the pdf please.

 

The OP's name can be read!

[dx100uk]

doh!

 

to the OP

please read upload carefully

it states do not use a pen to cover up??

we can see thru everything.

post hidden

 

[nightnajjers]

Hello sorry about that, Thank you for once again sorting out my errant ways.  This is why I hate doing things on computer, not being familiar with how everything works. 

 

I attach, hopefully correctly, the final, now sent  WS.

If there are glaring faults, problems, inaccuracies etc. I would rather not know at this stage as there is nothing I can do about them now and it would just add to the worry of the actual hearing. Let me know after the result!  I was working on it until late at night to get it off in time,  in the end I had enough of it.  

 

Thank you all for the help.

If all of the Airport is not relevant land does that mean the VCS have been abusing the POFA  for a long time and does that mean that anyone who has been connned by them could potentially ask for their money back?

WS PDF.pdf

[dx100uk]

thats not the same one as you uploaded that was hidden. 

vcs sign??

 

dx

 

 

[nightnajjers]

I thought the last one uploaded was the vcs  ws contents page

[dx100uk]

said 'site overhead, signage artwork and site photographs.'

just a single page exhibit notification page.

 

[nightnajjers]

Yes that was all, a contents page.

 

I already put up the signage which just showed  signs supposed to be at the airport.

 

The artwork was not very arty as it was a plan showing the alleged areas that vcs  preys on.  T

 

wo signs  were claimed to be  at the Airport  but they were just pics of signs showing no context, the remainder  nicely showed how they do not face a driver but the passenger door.

[nightnajjers]

Updating.  Last Court date was cancelled. Still awaiting new date from court.

[nightnajjers]

Hello.

At the start of this fiasco the snotty letter was duly sent,  in which it was stated that an unreasonable costs order would be sought.

Assuming a win,  How is that done? can it be asked for at the Hearing ? or is it a seperate issue?

[dx100uk]

a sep sheet you take with you ?

 

do you work?

 

dx

 

[nightnajjers]

Hello.  What is a Sep Sheet??

I work nights

[dx100uk]

separate costs sheet.

 

ok so you wont be having time off work to attend? if you were you can claim & on average do get £90 for that , there is also the matter of LiP time in letters prep, investigation and WS construction, i believe the LiP costs are about £19Ph, but the more experienced ones will fluff this out later.