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

[ostell]

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

Perhaps the judge is just sick of the parking companies and is trying to dissuade them?

[Corby]

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

Hello all,
I have received a reply from VCS/BWL dated 23rd March, a day later than ordered. Its far to long to post fully but basically it just a re-run from the start with just a couple of attempts to discredit me and my claim. I am going to respond but I would like advice on a couple of points.
Firstly, They make issue that I didn,t exercise the option of using POPLA in 2010 and "proceedings may have been avoided if the defendant had engaged in meaningful dialog with the Claimant and/or using the appeals process" I'm not sure how to word my reply to this.
Secondly, they make issues of one of my replies that states " I will not correspond further until Court proceedings have been issued" and another response to their Letter of Claim where "the limited response was that he denies the claim" and also "The defendant refused to enter into meaningful dialog with the Claimant to avoid legal proceedings"
Thirdly, they take issue that I refused mediation which shows my "unreasonableness throughout the cycle of the legal proceedings"
There are other points which I think I can work on and refute but if I can have some assistance wording the above I would be most grateful.
Thanks in advance,
Corby

[ostell]

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

Was POPLA even in existence in 2010?

Edit: Searched and found it was not. 2012, with POFA

[mystery1]

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

Hello all,
I have received a reply from VCS/BWL dated 23rd March, a day later than ordered. Its far to long to post fully but basically it just a re-run from the start with just a couple of attempts to discredit me and my claim. I am going to respond but I would like advice on a couple of points.
Firstly, They make issue that I didn,t exercise the option of using POPLA in 2010 and "proceedings may have been avoided if the defendant had engaged in meaningful dialog with the Claimant and/or using the appeals process" I'm not sure how to word my reply to this.
Secondly, they make issues of one of my replies that states " I will not correspond further until Court proceedings have been issued" and another response to their Letter of Claim where "the limited response was that he denies the claim" and also "The defendant refused to enter into meaningful dialog with the Claimant to avoid legal proceedings"
Thirdly, they take issue that I refused mediation which shows my "unreasonableness throughout the cycle of the legal proceedings"
There are other points which I think I can work on and refute but if I can have some assistance wording the above I would be most grateful.
Thanks in advance,
Corby

http://popla.co.uk/docs/default-sour...3.pdf?sfvrsn=2

Parking on Private Land Appeals, or POPLA, was thus established on 1 October 2012.

As for "I will not correspond further" - The statement on it's own looks bad. However if there was protracted correspondence before that and you were going around in circles then once you put it in context, it doesn't look so bad. Further denying a claim isn't an issue, particularly when you've already won which shows you were correct.

Did they try for mediation ?

M1

[Corby]

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

M1, thanks for your reply.
Yes they tried for mediation but I refused. Why would I have to comply with mediation as I didn't start the process of litigation having told me to use my ticket in the first place. Right from my first email of appeal/consideration dated December 2010 I made it perfectly clear that I would go to court before paying as I said I would not send the original ticket to them as I would need it if I was to go to court.
What they have also not recognised or defended is the fact that I called their office at the time. Why would I have done that if I wasn't being reasonable? Or the phone calls X2 and emails to their office which I have automated replies X3.
Thanks again for your valued response,
Corby

[Corby]

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

Was POPLA even in existence in 2010?

Edit: Searched and found it was not. 2012, with POFA

Sorry ostell, I've only just realised that you had also replied to my post. Thank you for your response and appreciated information.
Thank you and again, I apoligise
Corby

[mystery1]

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

M1, thanks for your reply.
Yes they tried for mediation but I refused. Why would I have to comply with mediation as I didn't start the process of litigation having told me to use my ticket in the first place. Right from my first email of appeal/consideration dated December 2010 I made it perfectly clear that I would go to court before paying as I said I would not send the original ticket to them as I would need it if I was to go to court.
What they have also not recognised or defended is the fact that I called their office at the time. Why would I have done that if I wasn't being reasonable? Or the phone calls X2 and emails to their office which I have automated replies X3.
Thanks again for your valued response,
Corby

Indeed. That's what you'll reply.

Don't forget you've already won and it's just about costs now.

M1

[Corby]

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

Hello All,
I have finally had a response back from the court regarding my claim for costs and the its in my favour although for only half (£150) of what I claimed for. I'm not to sure the reasoning in the reduced figure but I'll be happy when I get the money which is to be paid by the end of June.
I'll make a donation to the site once I get the money but thank you to for all your assistance especially Mystery1.

Corby