VCS Spycar PCN claimform - No Stopping - Southend Airport

[AndyOrch]

No ...its 33 days from and including the date on the claim form.(2nd June)

 

Andy

[dx100uk]

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

 

 

 

……………...

 

 

[Cabman666]

Hi

CPR31.14 request typed up and ready to go to solicitor (recorded deivery) tomorrow.

 

 

 

1. Should I now wait until 3rd July to post my defence on the MCOL website ?

2. Is there anything else I should be doing ? Writing to Landowner ?

3. Should I outline my defence on here for consideration prior to posting it on the MCOL site ?

 

Thx

[dx100uk]

you don't play your cards till just before filling date

 

all the other questions can be answered by you getting upto speed and reading as many no stopping claimform threads as you can now.

 

dx

 

[ericsbrother]

VCS arent gping to respond to your CPR and you dotn really wnat themto as when they fail to you can state that you do not belive they have the necessary permissiosn and put it to strict proof they have locus standi.

the courts may the use theircase management powers to tell VCS to show them the docs or have the claim binned without a hearing.

Happens sometimes but depends on the court rather than your powers of persuasion

[Cabman666]

Thanks EB

Will do 

[Cabman666]

Hi

 

As predicted by EB, I have received a short reply from dcb legal regarding my CPR request.

 

Their letter is as follows

 

" At this stage within the proceedings,there is no requirement for our Client to furnish you with documents.

Should the Court order us to provide documents in the future then we will comply with this.

In view of the above the matter will proceed as normal. "

 

I propose the following bullet point defence to be submitted on 3rd July ?

 

Claimant has no locus standii at this location and the claimant is put to strict proof of locus standi

Signage at the location is prohibitive, therefore a genuine offer of a parking contract does not exist.

A CPR 31.14 request was sent to the Claimant on the 6th June 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. They declined to provide such proof unless by court order.

This claim is vexatious as it constitutes an unlawful penalty 

 

I did not use keeper liability / pofa as I had previously admitted to being the driver( even though they seem not to have picked up on this).

 

Is the above ok ?

 

Thanks

 

 

 

[dx100uk]

DCB(L) quite new to the PPC Claimform game and will soon learn CPR is applicable  to the small claim track as a court has not allocated it to a track yet..

[Cabman666]

Thanks DX, so what are the implications of the fact that they are not used to the court procedure ?

Will that be in my favour ?

[ericsbrother]

right, you are stating thye have no locus standi and then invite them to show they do.

 

Which is it?

 

You either state they dont and risk them bringing a doctored contract that they claim does give them locus or you say you do not believe they have it and put it to strict proof

 

likewise the claim isnt necessarily vex, it may well be just straightforward unreasonable conduct so you will have to say why it is vexed.

 

that means you need to quote other cases where a judge has thrown a claim that has identical particulars out.

 

You have the sentiment correct but need to be careful of the exact wording as you will have to prove things are as you claim if you make a statement rather than showing a belief. Latter is easier to use as it still places the onus on them to prove their claim

[Cabman666]

EB 

Thanks for your valuable input as always !

Points noted 

[ericsbrother]

if you can show they have lost claims for the same thing at that site then it will be vex but most of these claims are recent and still at the stage you are when defending.

 

They know they have lost all the properly defended claims at Liverpool John Lennon so there are comparisons for what is and isnt " relevant land" and superiority of contract regarding byelaws and even no stopping not being a parking contract so if you dig out any cases later you can use the term VEX in your witness statement if more apt than just unreasonable.

 

It is a matter of what you can prove at this point in time so no harm in saying " I believe " as what you write later supports that where a statement that is then disproved makes the rest of your evidence tainted with suspicion.

[Cabman666]

Hi all.

Day 32 and I am about to submit my bullet point defence.

I propose the following having taken previous comments into account.Claimant has no locus standii at this location and the claimant is put to strict proof of locus standi

Signage at the location is prohibitive, therefore a genuine offer of a parking contract does not exist.

A CPR 31.14 request was sent to the Claimant on the 6th June 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name. They declined to provide such proof unless by court order.

This claim is vexatious as it constitutes an unlawful penalty 

[Cabman666]

Please disregard post No 26 above.

 

It should read 

Hi all,

 

Day 32 since NOC issued, and I am about to submit my bullet point defence.

 

I propose the following having taken previous comments into account.

 

1.I believe the Claimant has no Locus Standi at this location, and the Claimant is put to strict proof of Locus Standi

2. I believe that the signage at the location is prohibitive, and therefore the genuine offer of a parking contract can not exist.

     A CPR 31.14 request was sent to the Claimant on the 6th June 2020 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make       claims in their own name. They declined to provide such proof unless by court order.

3. I believe this claim to be vexatious, as it constitutes an unlawful penalty .

 

Could somebody please confirm that this will suffice as my basic defence. ( needs to be submitted by tomorrow ).

 

Thanks in advance

[dx100uk]

1st bit missing..

I xxx am the registered keeper of vehicle xxxx

[Cabman666]

Thanks DX

 

will submit it with that included

[Cabman666]

Bullet Point Defence submitted !

Wait now to see if there is a response !!!!

[Cabman666]

Received acknowledgement of defence submission from court.

VCS now have the option of continuing their claim or not.

Watch this space !!!!

[Cabman666]

Hi all,

 

I have today received a N149A Notice of proposed allocation to the Small Claims Track.

 

It asks me to complete a form N180 - Directions Questionnaire, and to return it by 03/08/20.

 

I assume that I refuse mediation and refer the claim to the small claims track ?

 

Then return it to the court asking for a hearing at my local court ?

 

ALSO

 

Should I send a hard copy to VCS Solicitor by recorded delivery so that it has been served upon them ?

 

Thanks

[dx100uk]

3 copies

 

1 to the court

1 to VCS 

1 for your file

 

no to mediation

1 wit yourself 

 

the rest is obv

 

no need for recorded.

simply get free proof of posting by 1st class from any po counter.

 

dx

 

 

[AndyOrch]

 

[Cabman666]

Does this mean that vcs are continuing with the case ? Or just a procedural step from the court  in any case ?

 
Thanks

[AndyOrch]

Next procedural step...although they will soon have to pay a hearing fee once they submit their DQ...so thats normally the stage when they rethink and discontinue.

[Cabman666]

Thanks.

Again then - watch this space

[Cabman666]

Hi

 

I have just received a form N271 Notice of Transfer of Proceedings to my local court.

 

Now awaiting Judges directions upon their receipt of the case file.

 

Does this mean that VCS are continuing with the case ?

 

Thanks