Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Page 4 of 5 FirstFirst ... 2 3 4 5 LastLast
Results 61 to 80 of 88
  1. #61
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Thanks ericsbrother

    Is it possible for you to direct message me with your contact details? I want to tell you something about my circumstances that I don't want to put on a public forum and ask for your opinion as to it's relevance. I have tried quite hard to contact you since your post above, including a couple of messages to the administrators. But my 26 posts to date won't allow me to send PMs. Thanks in advance.


  2. #62

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    No its against site rulesicon

    you can PM any siteteam member and we can pass it on.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

    Follows
    1
    Following
    0

  3. #63

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    If you want to tell me about your circumstances that often means you want to mitigate something by explaining that your granny was ill and your dog died or whatever. It doesnt change a unilateral contract unless the driver was blind or mentally incompetent to be allowed to make decisions for themselves and that then raises some rather important issues not related to this case.



    If you want to offer up a disability as a reason for an action then you would have had to have notified the parking co of this before you parked. They would otherwise claim their 10 minute grace period is enough for you to make the necessary steps to avoid getting robbed by them. The exception being arguments over disabled spaces and signage attached to them

    We need to stick to the facts of the matter, so their paperwork, their signage, proof of contract (theirs with LL, theirs with you) and so forth.


    So, tell us what else you intend to take with you as evidence- previous persuasive cases for example. Pictures, esp of the entrance to the car park as often the signage cant be seen from the drivers seat or is different to the wording on the signs inside the car aprk or on the payment meter. This amkes the main sign an "invitation to treat" and not binding and thsu the smaller signs can be ignoredicon or rejected as contracts until you actually agree to them by feeding the meter

    Follows
    0
    Following
    0

  4. #64
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    I'm really grateful to you guys for your help so far.
    I'm afraid I won't be defending this claim any further.

    I feel like I'm letting all future drivers down because there is an important principal to defend here and, to some extent, every win these private parking companies have helps create a precedent in their favour.

    Ericsbrother, unfortunately I am not allowed to communicate with you privately to tell you my reasons or to discuss the best way to retreat with the least damage.

    I have two accounts on here and have between them more than enough posts to enable me to send you a private message and I have twice asked the administrators whether I can merge the two accounts or at least combine the number of posts - but no-one has responded.

    I have now almost run out of time and will contact the court to throw in the towel.
    It's a shame, because I am pretty confident about winning the case.

    Hey ho, life sometimes gets in the way.


  5. #65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    as you have already been told
    PM a member of the site team you dont need 30 posts to do that.
    rather than emailing an address that is not necessarily monitored or we even know you have got correct
    which email did you use please

    we are trying to help you but cant if we don't know things..

    and no don't give in..

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

    Follows
    1
    Following
    0

  6. #66
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Quote Originally Posted by dx100uk View Post
    rather than emailing an address that is not necessarily monitored or we even know you have got correct
    which email did you use please
    Thanks for your reply dx
    I contacted the administators through the 'contact us' button on the bottom of each page. Have they not received my messages?


  7. #67

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    well pm me
    hit the button below
    or click my username

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

    Follows
    1
    Following
    0

  8. #68
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Thanks dx. Done.


  9. #69

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    we really need pictures of the site, so a shot from the pubic highway of the entrance and then pictures of the signage in the car park and an idea of where they are relative to where your car was parked.

    This is common on every thread and has been asked for before. VCS normally drop their claim at the court door but you will need to give them a reason to do so. We already ahve several but they are often not enough on their own even though the law is explicit, judges often dont appreciate having to look up such things so you willneed to force feed them with it.


  10. #70
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Thanks ericsbrother

    I have a whole load of photos, notes and a plan of the car park showing positions of signs and street lamps. I have a rare weekend at home this weekend and will get everything uploaded in the morning. Thank you.


  11. #71
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default

    Some photos and notes. I have other photos, but I'm guessing that once you've seen one parking space you've seen them all!

    Edit:
    Just spotted a typoicon. The notes on the first diagram says there were no signs along the left hand boundary, where the car was parked. Should read 'right hand boundary'. Sorry.

    Attached Files Attached Files

  12. #72

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    OK, one thing we havent seen is the original NTk, do you have that?


  13. #73

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    So to pick holes in their signage and thus claim.


    1.The claimant hasnt shown a cause for action against the defendnat as they havent stated in what capacity the defendant is being sued, if it is as the driver at the time the defendant puts this to STRICT PROOF as to the identity as they deny being the driver at the time. If they are claiming against the keeper then any liability ios denied as VCS have failed to follow the protocols of the POFA to create a keeper liability.
    If the claimant has determined they are suing the keeper then the amount claimed is in breach of para 4(5) by claming more than the specified sum on the Notice to Keeper. This section of the POFA does not permit the addition of any of the so called recovery or adminicon charges totalling 60 in this claim and so, even if the rest of the claim is allowed it shoudl only be for the stated sum on the NTK



    2. The sign to the right states that th erland is managed by Lambert Smith Hampton so presumably they are the people who have contracted VCS as their agents. VCS have not shown a chain of authority from the Landowner that gives them the right to enter into contracts and to make civil claims in thier own name. Due to the fact they are contracted by a third party the defendant does not belives they ahve Locus Standi in this matter.


    3. The sign at the entrance is not an offer of a contract but an invitation to treat. This means that the driver may enter the land and is not obliged to consider and accept the contract offered by the additional signs and has not done so. Matters of trespass are solely for the landowner should the invitation to enter be revoked.


    4. The signage that forms the contract states that CCTV enforcemetn will be doen by Ecel Parking Services ltd. The KADOE contract with the DVLA and the DPA as was do not allow for one company to act on behalf of another in this way so the keeper data is being obtained unlawfuly. By making it a contractual condition that the driver accept VCS's unlawful behaviour they are attempting to create a criminal compact and no contract can thus exist that relies upon this condition.


    5. The claimant has failed to show evidence of having planning permission for their signage under the 2007 Town and Country Planning Act. It is an offence not to comply with this so there cannot be a lawful contract formed by way of the signage as the driver cannot enter into a criminal compact.


  14. #74

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    use this to hang all your detail that you put as your draft WS on.
    Take copies of the cases you wish to rely on and add those to your bundle.
    Dont forget, VCS usually dotn turn up and at best send along a paralegal from a local firm. Use the rights of audienec legislation to prevent them from speaking. Tkae a copy of that with you in case the judge isnt certain of who cna and cant speak.


  15. #75
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Hello ericsbrother

    I don't have the original NTK, but VCS have kindly included a copy in their witness statement, which I assume is true to the original. It can be seen in post 59, in the 2nd doc labelled JB2.

    We are in court on the 12th.


    Quote Originally Posted by ericsbrother View Post
    1.The claimant hasnt shown a cause for action against the defendant as they havent stated in what capacity the defendant is being sued, if it is as the driver at the time the defendant puts this to STRICT PROOF as to the identity as they deny being the driver at the time.
    Won't the judge simply ask me who was driving, and I'll be obliged to answer under oath?


    Quote Originally Posted by ericsbrother View Post
    4. The signage that forms the contract states that CCTV enforcement will be done by Excel Parking Services ltd. The KADOE contract with the DVLA and the DPA as was do not allow for one company to act on behalf of another in this way so the keeper data is being obtained unlawfully.
    That was well spotted! I can tell you've done this before!


    Quote Originally Posted by ericsbrother View Post
    VCS usually dont turn up and at best send along a paralegal from a local firm. Use the rights of audience legislation to prevent them from speaking. Take a copy of that with you in case the judge isnt certain of who can and cant speak.
    What the rights of audience legislation? Why would legislation exist that stops one party's legal representative from speaking on their behalf in court?


  16. #76
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    In answer to the first of my questions above,
    the one about me being possibly asked under oath who was the driver on the day,
    the incident was now about 14 months ago, and it's difficult to remember.
    It could have been me or my wife.

    I also have a large family with 5 kids, 3 foster kids and 11 (soon to be 12) grandchildren.
    The photo of my car in the original PCN shows it's permanent 'L' plates.
    That is because I regularly have other family members driving with me on a provisional license to gain experience.

    I remember the occasion, and the fact that we were parked along a wall that turned out to have no warning signs, but which one of us was behind the wheel I cannot say. It may not have even been the same person on the way in as on the way out.


  17. #77

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    stop fretting...

    the judge wont mind if you tell the truth...you don't know it was 14mths ago, cant remember, there are are xx number of people that have access to the car..

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

    Follows
    1
    Following
    0

  18. #78
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Right.

    My defence on the day is going to be in three parts:

    Part 1 will consist of photographs and diagrams used to illustrate how their signage is inadequate

    Part 2 will be my original witness statement, updated

    Part 3 will address the appeal decisions included in the Claimant's W.S. and point out why the judgments don't apply directly to this case.

    Then there's a couple of pieces of law that it has been suggested I print out and a few things I need to read up on the Parking Pranksters website in case I need them on the day. And job done!

    Here is Part 1


    Part 3 to follow.

    Attached Files Attached Files

  19. #79

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    It doesn't matter who it was as long as you state it wasn't you. You cant incriminate other peopel anyways so just say so if asked directly. It is for VCS to PROVE who was driving, they cant assume and cant rely on the couple of bits of outdated case law the IPC parking co's like to trot out.



    As for taking stuff along on the day, this all should have been posted to court a fortnight before the hearing date so phone up the court, apologise and get the stuff to them. Send to VCS as well
    The lack of your defence is probably the only reason they haven't discontinued already as they can now ask for it to be struck out. you were warned about keeping an eye ion the calendar some time ago. If your defence is chucked out then all you have to rely on is the POFA so make sure you know what it is all about and you will need to rubbish their account ( still allowed as they have to prove their claim) Take copies of the POFA with you so you can pint to the relevant sentences. That is still within the rules.



    Quote Originally Posted by Joh7n View Post
    In answer to the first of my questions above,
    the one about me being possibly asked under oath who was the driver on the day,
    the incident was now about 14 months ago, and it's difficult to remember.
    It could have been me or my wife.

    I also have a large family with 5 kids, 3 foster kids and 11 (soon to be 12) grandchildren.
    The photo of my car in the original PCN shows it's permanent 'L' plates.
    That is because I regularly have other family members driving with me on a provisional license to gain experience.

    I remember the occasion, and the fact that we were parked along a wall that turned out to have no warning signs, but which one of us was behind the wheel I cannot say. It may not have even been the same person on the way in as on the way out.


    Follows
    0
    Following
    0

  20. #80
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2006

    Posts
    65

    Default Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN

    Thanks for that, ericsbrother. The Witness Statement was submitted to court on the 10th Sept (similar to that shown in post #46) together with a letter to the judge asking if I could send a second one with additional information to address specific arguments made by VCS in their statement. The judge didn't respond to my letter and the consensus of opinion here was that I should air my arguments in court on the day. Btw, the day is tomorrow!

    Should I email the photos, diagrams and notes (shown two posts up) to VCS today, before close of business?

    At work, some joker has changed my ID badge to read 'The Accused'!
    I've been 'bigging it up' at work so, if I lose, the embarrassment will hurt almost as much as paying the 185.


Page 4 of 5 FirstFirst ... 2 3 4 5 LastLast

Tags for this Thread


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details