VCS Spycar PCN PAPLOC Now Claimform - No Stopping 47) STOPPING IN A RESTRICTED BUS STOP /STAND Robin Hood Airport Doncaster

[notpayingapenny]

I received a "Notice of Proposed Allocation to the Small Claims Trach" asking me to complete the "Small Claims Directions Questionnaire (Form N180)" by June 14. I suppose I decline the offer for a mediation service right?

[FTMDave]

Right.

[AndyOrch]

 

[dx100uk]

on the VCS copy 

do not give sig/email/phone

 

dx

 

[notpayingapenny]

I looked at the link above but could not get specific responses, just which option to accept or reject mediation.

So here is my own response...

 

Mediation: - I said no to agreeing for mediation to happen and no to having enough information about claim to enter negotiations.

 

Here are my responses on the directions questionnaire:

 

Track

C1 ticked No (small claims track not appropriate).. Reason: Claim is disputed in its entirety. Claim should be struck out.

About Hearing

D1 Hearing venue: --have not completed yet  and not sure if I should, and which venue that should be.

D2 Expert evidence: - unsure if I should say yes

Witnesses

D3 How many witnesses: - again I think if I must complete just say 1 (me)

D4 Any days unavailable within 6 months ... guess I could just tentatively say no?

 

Any comment?

[dx100uk]

you always say no to mediation on speculative invoice claims.

1 wit you

 

the rest is obv

dx

[Gick]

Have you read any other threads? From your post I would think not!

 

What makes you say no to small case track? These parking claims are all dealt with through the small claims track, it protects the defendant from excessive costs, there are strict limits within the track.

 

The venue will automatically be your local County Court, unless you have specific reasons such as place of work to request otherwise.

 

No to expert witness

 

No to mediation.

 

Yes one witness yourself.

 

You must read other threads re VCS and airport claims in order to familiarise yourself with what is involved as the forum is a self help group of volunteers who are willing to assist free of charge, but you do need to help yourself.

Edited June 9, 2021 by Gick
clarity

[notpayingapenny]

Thank you. Sometimes it is easy to assume that someone is not trying to help themselves. I searched through so many times for examples of responses to the questions on the questionnaire. I really and truly could not the information. I am thankful that you have given me clarity here all the same.

I was reasoning that the small claims track or any track whatsoever was not appropriate because there should not be any claim at all; that is why I had chosen no.

[AndyOrch]

Once a claim has been issued...thats it the clock is ticking....whether you agree to it or dispute or think that one shouldnt have been issued at all. Once a defence has been submitted all claims go to allocation stage (this is the DQ N180) which sets out the details and transfers the claim to your local county court. All claims under 10K will be inevitably heard in the small claim track ...if it was over 10K then it would allocated to the Fast Track..same process.

 

Only mediation (which isn't applicable to this type of claim)or the claimant discontinuing the claim can halt the process.

 

 

.

[notpayingapenny]

While still completing the questionnaire and about to go to post it, I have today received from VCS another correspondence dated 03/06/2021!

(The attached notice says Elms legal has ceased to act for me and I shall now be acting in person. It also says that documents about the claim should now be sent to vcs).

"Please find the attached confirmation that Elms Legal are no longer acting on our behalf, any further correspondence would need to be sent to the address at the bottom of this letter.

We have now received notification from the county court business centre that this is now a defended claim. As such we will wait for confirmation that this matter has been transferred to the appropriate court for the case management directions to be set by the district judge.

Pursuant to the civil procedure rules, insofar as litigations are expected to try and resolve their disputes wherever possible, we are willing to accept a reduced settlement charge of £175.00 payable within 14 days from the date of this letter. This offer is made on "without prejudice" (save as to costs) basis.

Should you fail to accept our offer of settlement then we will continue with our claim for the full amount claimed and bring this letter to the courts' attention upon the question of  costs. To make payment, please transfer £175 to the following details using the reference vcsxxxx.

yours faithfully......"

Edited June 10, 2021 by notpayingapenny

[dx100uk]

ignore...so elms have eventually learned and have dumped simon...this could be fun...

[notpayingapenny]

I have now been sent the "Notice to transfer proceedings" to a county court. I am told that a judge's directions will be sent to me in a notice of allocation after a procedural judge has allocated the claim to track and given case management directions.

[dx100uk]

std court protocol if you go read a few PCN claimform threads here.

 

 

[lookinforinfo]

I have just remembered something else. In their contract [which isn't a valid contract ] there is nowhere that allows VCS to pursue motorists to Court. Yes they can issue  PCNs but doesn't appear to allow them to go to Court. On top of that while they say the airport is private, it is also  a public place as vehicles have to  travel to and from the airport with passengers.

[dx100uk]

On 10/05/2021 at 07:37, notpayingapenny said:

Thanks a lot for that!

I excitedly read this bit ....

 

"It is the Airports Act 1986  which applies to nearly all airports  including Southend airports. 

 

Byelaws are covered at S.63

 (2)Any such byelaws may, in particular, include byelaws—

(d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;

 

So it is there in black and white.

It is an Act of Parliament that far outranks any stupid VCS sign. "

 

The bus stop in question is just outside of the gates to the airport and if I recall well the satnav was not yet showing where to go at the roundabout just ahead and so to give it a few seconds to give the correct direction and for safety, I may have pulled over into the bus stop and waited for it to tell me the way to go - then boom someone claims that I was parked and wants to milk me!

 

So does this byelaw still apply since the bus stop is not inside the airport fence?

 

[notpayingapenny]

Update: Today I have received the Notice to the small claims track hearing from the local county court. The claim will be heard on 8th November at 10:30am they say but that I should ensure that I am available all day because there will be more than one matter listed at the same time as my matter. Apparently my case may not start till the afternoon.

[dx100uk]

std court procedure.

 

what are the dates for WS exchange and their fee payment?

[notpayingapenny]

Says:

any court bundle should be filed 5 days prior to hearing...

unless the claimant does by 4pm on 11 October pay the trial fee of £25 or file a properly completed application for help with fees, the claim will be struck out.

Also says each party must deliver to the other party and to the court office, copies of all documents on which party intends to rely at the hearing no later than 14 days before the hearing.

[dx100uk]

i'd do it by 14, that is ofcourse if they pay their fee..

 

[notpayingapenny]

Do you mean to file the court bundle 14 days before the hearing rather than 5 days?

[dx100uk]

at this stage it matters not

 

your ideal scenario is for simply simon to file 1st.

and you to reply at the very last minute.

 

100's of relevant vcs/excel threads here to read before november. 

[AndyOrch]

Court bundles and documents (disclosure) are two different things hence the two dates...the bundle must be filled/served  5 days before the hearing....disclosure (documents and statements) must be filled and served not less than 14 days pre hearing.

 

 

That's assuming you have enough to create a bundle ?

 

Andy

[lookinforinfo]

When you receive their WS could you please post it up as well as everything else they send.

[notpayingapenny]

16 minutes ago, lookinforinfo said:

When you receive their WS could you please post it up as well as everything else they send.

Certainly will do. Thanks

[notpayingapenny]

2 days ago I received a letter from VCS "offering" me "reduced payment" of £286 or face £486 after the court hearing as I will be charged £200 for a solicitor to attend the hearing which they are very confident they have a very strong case against me for! Ignoring!!!