VCS Spycar PCN Claimform - no stopping JLA Liverpool Airport

[honeybee13]

You don't wait to see their WS if they're after the deadline. See what others think about the timing though.

 

What is the deadline for your WS?

 

HB

[Doomtrooper]

Notice to Allocation to the Small Claims Track states :

 

by 4pm on 17th May 2022 you must file at Court and serve to your opponent. Do I need to post my WS to Court or I can just email it?

 

Thanks

[FTMDave]

14 hours ago, FTMDave said:

You can e-mail the court theirs at the last moment.  This will give you the best chance to ridicule VCS's should it turn up.

 

[Doomtrooper]

posting allocation form to be on the safe side

 

allocation_form.pdf

[FTMDave]

You read it right.  4pm on Tuesday is D-Day.

[FTMDave]

I understand you want to include Simon's Witness Statement shenanigans in your ABUSE OF PROCESS section.  Fine, do it right at the start of the section so it gets the judge's attention.  How about -

 

In several recent cases VCS have claimed to have not received the defendant's Witness Statement and have asked the judge to disallow the same.  For example case XXXXX at XXXXX Court and case XXXX at XXXXX Court and case XXXX at XXXXX Court.  In all the cases it turned out the defendants had proof of posting.  I fully expect VCS to do the same with my case and so I am sending this Witness Statement with proof of posting.

 

I must admit to getting great pleasure out of seeing Simon try to be clever with some dirty trick - only for it to be turned against him in court.

[Doomtrooper]

Morning everyone.

 

So my case is scheduled on 12 of July. Last week I have received VCS witness statement which came way after the deadline (which was on 17th of May). They put THEIR date which is I think 12th of May. But on the postage stamp on the envelope in which WS came is around 28 of June.

I am also enclosing it on the forum.  Can I mention it to Judge that I have received their WS after the deadline? I have already emailed court on 18th of May that I have not received their WS on time. 

VCS-WS.pdf

[brassnecked]

Yes I think you can, others will confirm, but maybe you can ask for their WS to be chucked out.  Keep the envelope with the postmarked date on it.

[FTMDave]

Oh dear.  Bad own goal by Simon.  Not respecting the court's deadline and then lying in a Statement of Truth by inserting a false date.

 

As you've already e-mailed the court I suggest you do so again, stating that the court ordered Witness Statements to be exchanged by 17 May, which you respected, whereas the Claimant posted theirs on 28 June (scan of envelope attached) after dishonestly inserting a false date of 12 May into their Statement of Truth.  You request that the Witness Statement not be admitted. 

 

Courts are overworked and understaffed and your mail will probably be ignored - but it's worth a try.

 

And if it is ignored immediately bring Simon's shenanigans to the judge's attention at the start of the hearing.

 

 

[brassnecked]

Agree LFI, this one might be the big tolchok for simon done correctly.

[brassnecked]

Might be very interesting @FTMDave if that was introduced to the judge during the hearing, wonder if he would be summoning Ambreen to court to answer charges?

 

[lookinforinfo]

Not much said in their WS other than there was a contractual breach which there wasn't since you cannot form a contract from a prohibition notice. Ambreen then produces an inappropriate case Parking Eye v Beavis  which was in a car park with a valid contract. Whereas VCS have a case where they have no contract and the road is covered by Bye Laws and the Road traffic Act.

 

It is the shortest but most repetitive WS she has done which would appear to suggest that it was written in haste and therefore not written on 12th May which would have been the correct time to complete a WS.  

 

At point 12 the Paralegal goes on about the Terms and Conditions about motorists wishing to use the car park. The defendant was on a road, not a car park so there was no contract.

 

At point 20 Ms Arsheen claims they can pursue the Defendant as the keeper under the terms of PoFA 2012. This is patently impossible as the defendants car was stopped on a road covered by Bye Laws. The PCN is therefore an unlawful document purporting to be issued under PoFA when it cannot thereby misleading all motorists in receipt of that PCN stopped in similar circumstances to the defendant.

 

The claimant is put to strict proof that the road where the defendant was stopped was not covered by Bye Laws nor the Road traffic act. The name and post code of the road would help define where the defendants car was stopped. Stating John Lennon airport is nowhere near accurate enough since the airfield is an area of several square miles.

 

In addition the contract does car parks, unadopted roads and land none of which apply to where the motorist stopped his car because of a breakdown. Their WS is full of references to parking charges, parking contract etc but you weren't parked you were stopped a totally different operation.

 

In any event when you entered the airport you had no intention of stopping where you did. But as you car had an apparent electrical or mechanical  fault you were faced with a frustration of contract. You stopped there because you had no other option. The car may have become damaged by continuing to drive it.

 

Incidentally, you have not added all their pictures of the airport, where you were parked nor the contract.. Could you please post them in case they have tried something new.