VCS/ELMS PCN PAPLOC now Claimform - residential - Headford Mews, Sheffield, S3 7XL

[Hideyspidey]

HI

today i have received a supplementary witness statement 

However, it was sent to my work email address. I have no idea how they got that email

 

I will post it up

 

here is their supplemental WS

Supp WS.pdf from VCS.pdf redacted.pdf

[brassnecked]

so basically its a we followed the rules we really did Your Honour, M'lud whatever, so reference it to parts of your WS it challenges and the team will advise further, send an email back from your work email stating thsi is not to be used for delivery of legal materials and send it in writing, to that effect.

[FTMDave]

We normally recommend sending the WS exactly on the deadline, to stop VCS making up lies to counter it.

 

That said, no harm done, because I can't believe this tripe from Ambreen. I really mean it, I'm not being sarcastic.  She's supposed to have legal qualifications.  I could easily have written something better myself, and I'm no lawyer.  I'm genuinely bemused about what she's written.

 

IMO her nonsense actually helps you and harms VCS (so good!)  She has now had two chances to challenge your argument about Supremacy of Contract and has not done so.  Presumably she recognises you're right on this point.  Make sure you underline all this to the judge (if VCS are actually daft enough to push it all the way to court).

 

Your weakest argument is that the PCN was from Excel.  But it's now been strengthened as Ambreen has not even challenged this point.  Again, in court you can say that VCS had the chance to deny what you have stated and have not done so.

 

She witters on about terms not being unfair in a completely different case which did not involve permits.  VCS have had three chances - the signs, WS1 & WS 2 - to explain how you could magically have obtained a permit, yet have not done so.

Edited October 21, 2021 by FTMDave
Typos

[brassnecked]

Yes she might well have sunk the VCS ship, or put it on the rocks as it rehashes old stuff introduces nothing new.

[FTMDave]

I think in the future we should stick the boot into all this "The IPC says what we are doing is fine" nonsense, with a quick description of the IPC's sordid past, then pointing out that it is unimportant what the IPC says is allowed, what counts is what the law in England & Wales says is allowed.

[dx100uk]

forget not the ipc are will and dave? of gladstones..

 

dx

[FTMDave]

Exactly dx.  That's what I meant by "sordid past", Will & John of Gladstones set up the IPC because the BPA's appeals body were cancelling too many tickets.  The same people who ran Gladstones also ran the IPC and its appeals body the IAS!  No conflict of interest there!  Worth methinks in future a quick paragraph in WSs reminding judges of this.

[Hideyspidey]

Is there anything I can do about her emailing a work email address? It is our joint work email address to. Everyone in the office has access to this email. 

How do I add things as a supplementary ws.  I now have a copy of the original letter from aug where they were asking for paying off and saying if I didn't they would be extra costs. I sent in a redacted copy because it was all in could find.  

Fuming that she sent an email to work.  Not even addressed to me!!!

[dx100uk]

yes tell them not to use email.

one email stating email is not to be use for any communication going fwd

 

as for if you need to do anything further prob not ..

 

dont worry about silly extra costs willy waving

all done to intimidate and harass you 

dx

 

 

[Hideyspidey]

Thanks , no idea where she got that email address from

[brassnecked]

Just tell them it cannot be used for legal correspondence and block the sender as spam, tell them you have blocked them also. as per DX.  The extra costs letter they sent might come in handy later , as after all you were there with implied consent as  a worker on business at the address of the allocated space which VCS cannot over rule under Supremacy of Contract. .

[FTMDave]

You don't need to do a supplementary WS.  As written above, what Ambreen has sent is utter tripe and does nothing to help VCS, in fact it hinders their case.  So good!

 

I'm bemused however as to how you couldn't find their August letter.  This is on top of the Excel PCN going missing, which if kept would probably have avoided the whole court case.  You're in a serious legal dispute and this disappearance of correspondence needs to stop.

[brassnecked]

Its always best to scan documents and file them in a folder indicatting what they are, and keeping backups on a USB stick.  My OH has a habit of binning stuff that is important, usually device remotes.......

[Hideyspidey]

23 hours ago, FTMDave said:

You don't need to do a supplementary WS.  As written above, what Ambreen has sent is utter tripe and does nothing to help VCS, in fact it hinders their case.  So good!

 

I'm bemused however as to how you couldn't find their August letter.  This is on top of the Excel PCN going missing, which if kept would probably have avoided the whole court case.  You're in a serious legal dispute and this disappearance of correspondence needs to stop.

Totally agree, not sure as i have everything else in a folder but only a redacted copy but now i have got a new copy from VCS

[Hideyspidey]

Just checking in. Ive not heard from the court or VCS and the case is supposed to be heard on 24t november by video link. There is no update on MCOL and the court dont answer the phone.

VCS had until 27th Oct to pay the fee, how will i know if we are still going to court. There was nothing about a time etc and as said nothing on the MCOL site.

 

Thanks

[dx100uk]

mcol wont update once allocated to a local court

 

no harm in ringing and asking if the fee has been paid

 

dx

 

[Hideyspidey]

thanks, i'll keep trying.

If it does still go to court will they send me the link to log in adnd the time etc. Im really worriein case i miss it

[dx100uk]

On 02/11/2021 at 08:20, Hideyspidey said:

the case is supposed to be heard on 24th november by video link.

should be on the court letter from whence the above came from?

[Hideyspidey]

Well they finally answered. The fee has been paid and the case going ahead. A little worried

[FTMDave]

A civil court hearing is no more intimidating than a job interview.  On top of that yours will be on-line.

 

No-one working for VCS will turn up.  They never do.  There is a famous case, VCS v Ibbotson, where VCS's bod was threatened by imprisonment by the judge.  This may or may not be connected, but certainly no VCS employee will be there.

 

Instead they'll go running to a local solicitor who will read the WSs five minutes before the hearing and who will be paid win or lose, so won't give a toss.

 

VCS regularly lose these cases.  There were two last week.  Have a look at the last page of EL21's thread.  EL21 hammered them - twice.

 

You have a superb case - their one solitary sign, supremacy of contract, impossible conditions, etc.

[Hideyspidey]

Court on Wednesday at 12.00pm. Bring it on!

[honeybee13]

Good luck, we'll be thinking of you.   If you have any questions before the hearing, ask away.

 

Is it a phone/video hearing?

 

HB

[Hideyspidey]

video hearing, im surpised they went all the way on this. 

 

[honeybee13]

Well, they're chancers so it's worth a try for them.

 

Do you have everything straight in your mind and is your paperwork organised so you can find things quickly?

 

HB

[brassnecked]

Good luck with this you seem to have all the ducks lined up.