• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

2010 (Nov) VCS ticket, now I have Court Claim - won

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: 2010 (Nov) VCS ticket, now I have Court Claim

    http://www.legalbeagles.info/forums/...623#post569623

    Have a spin at costs too

    Good result.

    M1

    Comment


    • #32
      Re: 2010 (Nov) VCS ticket, now I have Court Claim

      Was the notice from BWL or the court, ie a court seal? If just BWL then check with the court THEN claim for wasted costs.

      Comment


      • #33
        Re: 2010 (Nov) VCS ticket, now I have Court Claim

        Hello,
        [MENTION=5354]mystery1[/MENTION], thanks for the link. I'm going to get my head around working out a figure to claim. I was thinking a conservative estimated time spent must be around 15 hrs! But as you say in the link I don't want to take the p*ss. [MENTION=39331]ostell[/MENTION]. I was copied in to an email from BWL(wa**ers) to the court. It had a Letter and I assume, a court form that they completed. I am awaiting an official confirmation from the court.

        Comment


        • #34
          Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

          Phone court up on Monday to check. Not unknown for the discontinuace notice to not reach the court. Defendant doesn't turn up, claimant does and wins by default

          Comment


          • #35
            Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

            Ok, will do first thing on Monday. Thanks for the info.

            Comment


            • #36
              Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

              Called the court this morning and they confirm that its discontinued. Now I'm going to get my around a letter to them for some costs.

              Comment


              • #37
                Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                Hello,
                I've drafted this, I'd be grateful for any coments.


                With reference to the above discontinued claim I wish to bring to your attention CPR 27.14. (2) (g). I am making a claim of £300.00 (three hundred) for printing, postage, research time and completion of my defence (15hrs).





                I believe the claim was brought unreasonably and with lack of due diligence regarding specific historical events i.e. my payment for a ticket to park, my telephone call to Vehicle Control Services at the time of the so called "contravention" and documentation with incorrect/irrelevant information following my first communication with VCS. I include a copy of the letter dated **/**/**** by VCS which makes reference to the ** November **** (a date different from the violation)and includes a list of 32 cars parked, date time and ticket price and even questions my ability to have called the their office on the day in question. Further unreasonable action includes the attempt to mislead me with an irrelevant, well publicised court case with no bearing on my specific case (Parking Eye Limited V Beavis (2015) UKSC 67.)


                The correspondence dated ********** from BW Legal was unreasonable and also of an intimidatory nature with specifically, "This case eliminates the main defence you will have should the matter go to Court and will be relied upon, by our client, in any County Court proceedings" (Attached and highlighted). Further unreasonable and intimidatory language was used in the letter dated ******** with continued use of "CCJ", the "(which is likely)" and the emphasis on Warrant of Control, Attachment of Earnings and Order to Attend Court For Questioning. (Attached and highlighted).






                I require payment of this claim by ****** 2017 by Cheque, payable to **********or postal order. I must inform you that should I have to refer this claim to the County Court for payment then you will also likely be liable not only for the balance but also court fees. Any further correspondence may also have effect on the balance.

                Yours faithfully

                Comment


                • #38
                  Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                  I take it you plan to send that to VCS ?

                  Doesn't mention the white book quote from my link ?

                  M1

                  Comment


                  • #39
                    Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                    Hi,
                    I was wondering who to send a claim to. Would VCS be responsible for the tone of letter that BW Legal send out? I apologise for not quoting the White book but my brain was about to lock up with drafting/deleting stuff. I'll have another jig around with it probably tomorrow as I've got to wait for a delivery at home. Can I ask what exactly is the White Book?
                    Thanks,
                    Corby

                    Comment


                    • #40
                      Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                      http://www.sweetandmaxwell.co.uk/whitebook/index.aspx

                      I would just write to the court.

                      M1

                      Comment


                      • #41
                        Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                        Originally posted by mystery1 View Post
                        http://www.sweetandmaxwell.co.uk/whitebook/index.aspx

                        I would just write to the court.

                        M1
                        I've sent an application to the Court this morning. I'll keep you posted when I hear anything.

                        Comment


                        • #42
                          Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                          I assume you mean a cheeky email/letter as a court application is a different and expensive beast.

                          M1

                          Comment


                          • #43
                            Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                            Hi, Yes a letter outlining all the time, effort etc, quoting your White Book reference and also the SRA Code Of Conduct. Also included copies of their intimidatory correspondence.
                            We'll just have to see what happens.

                            Comment


                            • #44
                              Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                              Hello,
                              I received a letter from the Court. They've forwarded a copy of my correspondence back to the claimant.
                              "IT IS ORDERED THAT"
                              1. The claimant shall send to the court and to the defendant a written response to his application by 22nd March 2017.
                              2. The defendant shall within 14 days of receiving that written response send to the court and to the claimant any further response.
                              3. The application shall then be determined by District Judge ****** on paper.
                              4. Because this order has been made by the court without a hearing, a party affected by it may apply within 7 days of being served with it to have it varied, set aside or stayed.

                              I'm not to sure exactly the implication of paragraph 4 but at least it's a start!

                              Comment


                              • #45
                                Re: 2010 (Nov) VCS ticket, now I have Court Claim - won

                                For some reason your letter has been dealt with like an actual paid application. Weird.

                                In that case #4 is absolutely standard for any order made without a hearing.

                                M1

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X