Blind7383
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Everything posted by Blind7383
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Im not sure what you are saying. I wasn't bullied by the lawyer in fact he was so weak that i was feeling sorry for him inside.. The judge disregarded each and every point. Yes I did. He was a proper lawyer. the paralegal didnt conduct the case. The judge refused to talk to me. He straight out asked my mom if anyone else drives her car. She said yes as she is disabled she is driven around sometimes. From that honesty he decided that indeed someone else had permission to drive her car. And in that case whatever the driver did she was liable for it. Is there anything that can be done now. For example like for Justice who just won her case. My mother cant really afford these payments. Im willing to take out the time to invest in this..
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Congrats! Im so happy for you.
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Op wasn’t driver. Too old an event. No idea who drove the car. Don’t know if someone drove without permission. Demand original contract.. contract is a farce. The judge didn’t care the contract was expired as the contract rolled over unless terminated.
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PM’d you some tips.. Sorry.. found ur court date Wait for their witness statement. Send yours to court via email on last date and cc vcs. They’ll probably send the same crap they sent me. Law of contract for keeper liability.
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Yes. The lawyer was just irrelevant. The judge was guiding him.. and I’m not kidding.. in case ur wondering coz we lost..I’m 99% sure the contract is fake. The judge said he was satisfied by the contract . When I raised serious concerns and the fact that it’s a photocopy . He got upset. He also said that if I had brought a copy of my research that was the companies house beta page he would have accepted the argument. I said I could show him right now on my laptop. He said I’ve made my ruling. In the end he said it’s probably that the landowner is probably based abroad. My fault I should have been more thorough. He also said I should do more research on them and should consider becoming a lawyer as even a lawyer wouldn’t have performed this well.. . The lawyer was so relieved and happy. The judge didn’t take into consideration that my mothers pension is 1 pound per week.. It’s like there is no justice. And this judgement is only gonna encourage such companies. Anyway.. I know it’s over but is it really? I have a few things in mind but I don’t want to discuss in public.. i
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The judge concluded that my mother’s car is driven by other people to take her around and that they drive with her permission and therefore law of contract stands and she is liable for their mistakes. The lawyer was unprepared. He hasn’t seen the copy of the witness statement. Was given 30mibrs to go through it. The judge didn’t let me speak as such. Told me that she’s the defendant and only she can answer the questions. Really the judge made the case for the lawyer. I also brought up the misgivings of the contract. The judge had a photocopy not the original. I questioned the validity but was warned that I was out of line. 2 hours. £214. I mentioned she was a pensioner but the judge said pay in instalments. First payment due today. Received nothing from court or the claimant on how to do so. This was such a drama. I should have been more prepared. And I should have appealed the judges decision.
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Yes I will. Just emotionally drained and angry right now... they got away with it.
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By own admission their signage exceeds 0.3 m2 for deemed consent- 1.125 and 0.6776 Lost the case unfortunately.
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Tomorrow is Dday. Their contract which looks and sounds crap. VCS was paid a fixed sum for the 3 year contract. That means they now enforce for free? The property management company JLL no longer handles the said property AND the person who signed off the contract on behalf of Scott. Wids on behalf of JLL was never a director. I checked the companies house beta site. Any tips? Also as to Rights of Audience. Is the VCS employed paralegal allowed to present the case?
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Due to a print disaster..Ive been unable to post the witness statement by 12pm. I have till 31/12/18 Should I email the docs to the Claimant and Court? OR I can personally hand deliver the envelopes to the court and claimant. I believe 31st Dec 2018 is a working day? Ive failed to find any holiday schedule. What do you suggest?
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Thank you. I have a number of questions pertaining to the answers above and some more with regards to what I'm reading up upon. Ill put them up as soon as i can coherently fashion them. The hearing is on 15/01. Thats means the evidence must reach both court n claimant by 31/12?. Keeping in view royal mail holidays Ill have to post this bundle by 27 or 28 Dec for it to reach by 29/12? Am i correct or can I post with proof of postage on saturday 29/12.
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I called the county court they confirmed payment. Lack of PP?
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Proof of payment? for the court proceedings? They were supposed to pay by 18/12. Signed by VCS litigation department paralegal. Uploaded witness statement previously now exhibit uploaded VCS claims reasonable cause to request data from DVLA and the VCS usually send out PCN within 14 days of contravention (DVLA confirms enquiry date as 45 days after contravention) They are relying on "law of agency" and not POFA. Excel PS ltd v Nick jenning to establish that KEEPER is liable as keeper authorised usage Citing Thornton v Shoe lane parking for contractual obligation Vine v Waltham forest for proper display Parking eye v Beavis to establish that indeed the the contract was established VCS claims entitlement to erect signs as per freeholder consent (but doesn’t mention name on signage) and cite above that they are justified to charge whatever they do And citing Chaplair ltd v kumasi that they are entitled to debt recovery. NTKFRPICS.pdf exhibit.pdf
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This is really difficult and i hope I've done it correctly! Besides the witness statement and contract.(Uploaded) A map of signage/single camera locations. Pictures of all signages and locations. Ive already uploaded the one at entrance and lack of in the disabled bay area. Copy of NTK and final reminder and pictures of the car. And a reference copy of the claim form that i submitted earlier. Unfortunately the contract also states that unless terminated the agreement will be extended on expiration date and will continue to roll over each year unless the client terminates it. As it stands CPR was sent and received no reply pertaining to it I've checked the councils planning permission web page and there is no mention of either the ppc or its clients name for signage permission. EVIDENCE1.pdf
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Got it. Interestingly the contract they've evidenced- the ppc has with landowner or leaseholder or whosoever behalf they are running the parking services is out of date quite a few years. fixed term 36 month from 2011..
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Bundle of evidence has arrived. Ill upload it.
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Update: Court date received for Jan.
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Thanks Ericsbro. I was wondering about the response from DVLA. Do i have grounds to complain to the commissioner for the info they provided? I found the response a bit silly..that they could still give info of the keeper without POFA... the letter didn't elaborate on the reasons but I've read the circumstances under which they can..still doesn't explain why they gave the info 6 weeks later.
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Thank you. Ive done the necessary as advised. Have received the same form filled by claimant. They ve requested mediation but we obviously have have not.
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Yes..VCS applied for details. Enquiring reason: Breach of terms and conditions of a private car park. Have received Notice of Proposed Allocation to small claims Track/questionnaire. Sorry for the late reply. My father was hospitalised for the past week for a heart condition Need help with filling out the NoPA to SCT/Directions Questionnaire.. 1. To be completed by Defendant (name) A1- Small claims mediation service- YES/NO- (not sure but perhaps yes?) C1- YES (appropriate allocation) D1- Sheffield County Court ( hopefully there is one) D2- NO (don't think there can be any expert evidence required) D3- ONE-( the defendant is only witness ..as discussed in earlier posts not my father who was with her on the date of event) D4- Not available end Oct- Jan (is that ok to write as they ve asked for dates, can't confirm any further dates either as hospital appointments pop up, but I can try to rearrange dates for hospital visits) She does speak a second language should I act as her interpreter? Speaks english but understanding is a little weak if spoken quickly to or listening to a thick accent. Lastly, the original is sent to the court(sent from), a copy to the claimant and a copy for self.. Sorry to all for these ignorant questions. Ive read up posts on various sites its just quite confusing applying it to the case.
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gosh...I know exactly what you are going through. My mothers in the same boat as you. St Marys and VCS. We could compare our findings.
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Thanks @ericsbro.. Ill look into the threads and parking pranksters! Received the info from DVLA on using the forums letter template. The PPC enquired on the 21/11/17 and the date of event was 08/10/17. According to DVLA, POFA Sch 4 applies, 14 days etc "however, the company is able to pursue, payment of charge through means open to them prior to POFA and therefore have reasonable cause to receive that data, DVLA is not entitled to impose unlawful restrictions...." explaining their position.
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Ok thanks. Im going to submit this now. Fingers crossed!
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"1. The claimant cannot rely upon the POFA 2012 to create a keepr liability and the defendant denies being the driver at the time. this means there is no cause for action by the claimant against the defendant. 2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time. 3. The signage at the site entrance is not a contract but an invitation to read so the claimant cannot rely upon it to create terms by which the driver would be bound." @Erics brother- makes sense. Only one thing, the defence is admitting that the Keeper is not the driver. Wouldn't it raise the issue that the Keeper didn't not disclose this even though the PPC advised this a number of times. The fact that the NTK was not issued within the stipulated period according to POFA2012, would that be taken up at Witness statement stage? Is that not pertinent to mention at defence stage? @Ericsbrother- Or did you mean just for now the defence should state " there was no breach of contract so no monies can be owed as a result" and the other three points can be elaborated upon at the time of witness statement? 1. The claimant cannot rely upon the POFA 2012 to create a keepr liability and the defendant denies being the driver at the time. this means there is no cause for action by the claimant against the defendant. 2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time. 3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.
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Absolutely none whatsoever..
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