VCS Spycar PCN Claimform - Broke down on Southend Airport service road ***Claim Discontinued***

[salackdad]

Thank you lookinforinfo.

 

I have still not received WS from VCS, service date was yesterday. I have noted this at the end of my WS which I guess, even as a litigant in person I should deposit with the court today and email a copy to ELMS legal (for VCS) today shouldn't I?

 

Thanks for all help.

[FTMDave]

Are Elms still representing VCS in your case?

 

I ask because in virtually every other case Elms have dropped VCS.

[salackdad]

Elms completed Directions Questionnaire with their Nottingham address for service.

 

I haven't heard anything from them directly since Directions.

 

Having a nightmare today paginating exhibit bundle, I had no idea it would take this long.

[FTMDave]

OK, so when you're ready e-mail the court their copy (and click that you want a receipt as the courts are overworked and they do make mistakes) and send Elms their copy by snail mail (and get a free Certificate of Posting).

[brassnecked]

Other reason for Elliott v Loake not being relevant is its a Criminal case so not applicable to a Civil Claim, especially as POFA is now in place to transfer liability in strictly controlled circumstances.

 

Worth looking at thios link to see why Elliott v Loake and AJH films are irrelevant, but fleecers still put them in a WS .

 

Parking Prankster: Search results for elliott+v+loake

PARKING-PRANKSTER.BLOGSPOT.COM

---

Putting the fun back into parking<br> <a href="http://parking-prankster.com/court-claim.html">Click for guide to fighting ParkingEye court claims</a>...

 

[salackdad]

Thank you.

[salackdad]

Afternoon all. Just an update, although Elms legal now have my WS I have still not received theirs and the hearing is on Monday 26th October, one week and one day away.

Also,  the Claim is to be heard via BTMeetMe.  Will the court phone me at the alloted time or will they send instructions and number prior?

Edited October 18, 2021 by salackdad

[dx100uk]

should be on the directions order from the court

you have to register your phone number

 

ws's were due 14 days prior to hearing date too?

 

 

[salackdad]

Thanks, will register today. I am increasingly concerned about not receiving their WS as obviously time is running out to challenge it's contents. Will keep you updated.

[dx100uk]

why not ring the court today and say you've no ws from the fleecers, have they got their copy?

 

dx

 

[salackdad]

I phoned the court today and was told that no WS from Claimant received but a note requesting that hearing be discontinued. Very nice lady did say that I should wait for confirmation from the court.

If it is discontinued does that mean I will be unable to claim for the ridiculous amount of time I have put into this claim?

[lookinforinfo]

Their case was always weak with little chance of a win for them.

 

As you didn't pay up they may well have decided that they were on a hiding to nothing. if the discontinuance is genuine then well done .

 

Had you not put so much work into it you might have run the risk of losing in court under the Judge lottery situation. Plus you now know it is over much earlier than other motorists.

 

You could also complain to the DVLA incompetents explaining that there was no reasonable cause since you had broken down and it happened on a Road subject to Bye Laws so was not relevant land thus a breach of your GDPR.

 

Time and again VCS lose in Court because airport land is not relevant land so why does the DVLA not know abut their losses in Court. Hardly a robust system that they brag about.

Edited October 19, 2021 by dx100uk
spacing

[AndyOrch]

Afraid not as in small claims track CPR 38.6 (Liability for costs)  is not applicable...but well done on your case.

 

Topic title updated.

 

Andy

[dx100uk]

hey you won

 

you wont received anything from the court, but you should have received the notice of discontinuance from the claimant.

 

check your spam filter in case they found your email and used that.

 

dx

 

[brassnecked]

Excellent another one Simple Simon lost money on.

[salackdad]

Thank you all for comments and assistance. I will update if and when I receive notification.

I will definitely be writing to my MP about this as, quite frankly, it is difficult to feel chuffed when this shower are allowed to put people into a position where they have no choice but to defend themselves regardless of the effort required, not to mention the worry.

As I said at the end of my WS it is a terrific business model they have, albeit dodgy, where the majority of victims give in at the sight of red writing and the mention of CCJ's and the handful that fight back maybe cost them a couple of hundred quid each.

[FTMDave]

Well done on your victory! 

[dx100uk]

please consider donating...we might be free but our hosting service is not

 

dx

[salackdad]

I received the Notice Of Discontinuance this morning from E Shoreman-Lawson for Elms Legal, on behalf of VCS.

Thanks again for all assistance and encouragement.

There is no doubt that this site is providing a service to the underdog and I will certainly be making a donation.

I will also upload anything from my exhibits that may be useful for others, in particular the DVLA audit of compliance in which VCS do not fare well.

Although yesterday was a bit of an anti climax, today I am taking comfort from the fact that at least this case has cost VCS money.

[dx100uk]