Won case against VCS at County Court, but they have been granted the right to appeal

[paullong]

I need help because VCS are going to appeal County Court Judgement that was in my favour regarding Bylaws and this could be very significant.

I have this morning successfully defended in person a case brought against me by Vehicle Control Services. 

Thank you to all the people that have provided advice, answered questions or have posted information on here (and National Consumer Service) that I've been able to refer to. 

 

I used several arguments including abuse of process for the £60 which the judge denied, but he agreed with my argument regarding a railway car park being subject to bylaws and therefore not relevant land under POFA and so dismissed the case, but because he disagreed with my arguments regarding abuse of process I was unable to claim costs.

What information am I allowed to post here? 

When I get the judgement, can I redact personal information, scan it and post on here? 

What information would be useful to anybody else?

Then I come to the problem. 

The judge granted VCS the right to appeal because he believed the POFA law and government guidance for Bylaws were unclear and needed a decision to be made by a higher judge.  He told me I can appear in person for the appeal but advised I might want to seek legal advice. 

 

I've already lost several days of work preparing my defence for this case and I'm concerned that my costs are going to rise and if the appeal is won by VCS then I could be subjected to costs being awarded against me but more significantly that I'll have to spend time preparing again for a court case, reading through the 84 pages of the original evidence from VCS and my response plus new arguments that they put forward. 

 

The representative for VCS said that the result of this case could be far-reaching because it could prevent parking companies from charging on any railway car park.  As this could therefore be a very significant appeal, is there any law firm that I can turn to that would help me without charging or any campaign groups or consumer groups that would want to help back me on this appeal?

Thanks.

[honeybee13]

Hi.

 

Well, we're a consumer group and we'll do our best.   Please wait for the forum regulars to turn up but I think your last paragraph says a lot, it's a significant case for the PPCs and could deprive them of income.

 

People should be along later.

 

HB

[dx100uk]

you can put everything up 

try and use multipage PDF only please

read our upload guide carefully

 

both WS's

your defence

 

and this

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group

 

 

[dx100uk]

and you've yet to know IF simple simon will actually do it

has it already been assigned to the court of appeal?

[paullong]

No, the case was this morning, and the claimant's representative asked the judge for permission to appeal, which he granted.  I think, but am not certain, they have 21 days to file the appeal.

[AndyOrch]

Its 21 days if the court didnt direct ..IE allow permission.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52#52.3

 

(3) Subject to paragraph (4) and unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

[paullong]

Thanks for that. 

So in this case the 21 days doesn't apply because they did get permission from the judge? 

 

Forgive me for not understanding all the legal speak in the link, but how many days does VCS now have to file their appeal? 

 

I can see that they have to serve it to me within 7 days of filing, but am wondering when they have to file it with the court by. 

 

Thanks.  

[AndyOrch]

Whenever they have prepared it.....I really do not see they have grounds to appeal or whether the costs involved would be worth it in this type of claim......but we shall see.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52c-appeals-to-the-court-of-appeal

[paullong]

So could they file their appeal 3 years later for example? 

I'm just wondering when I can put this whole mess behind me knowing they can't take any further action.  

[AndyOrch]

Under CPR 52.12(2), the appeal notice must be filed within 21 days after the date of the decision of the lower court which the appellant wishes to appeal – or such longer or shorter period as may be directed by the lower court.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/716597/form-207-eng.pdf

[paullong]

Perfect thanks.  

[FTMDave]

Because Simon can appeal this case doesn't mean he will - so for the moment relax.

 

From what I've seen in the past, Simon has taken his thrashings in bye-law cases on the chin and has never appealed to a higher court, simply because if he lost that would be his business model destroyed.  He has cash galore coming in from the mugs who just pay up so why risk it all.

 

Cross the bridge of the appeal if it ever happens.