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Justice143

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About Justice143

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  1. Hellooo, I intend to write a fuller version of events but you can now head this thread with WON plus costs : ) In short the judge was not bothered about dates or POFA the breach of the consumer rights act won it for me and the fact that there had been a change of practice as I had photographed the new registration system. I admitted to being a passenger I also provided my two tickets for the show. Lisselle you could contact Elaine at Moor management and ask for your registration to be added to their monthly allowance of registration numbers. It says in the contract between MM and VCS that they are allowed 10 registrations per month. I will be back with a full account of the proceedings. Huge thanks to you guys for helping me have the balls to do this. FYI the court case before me with VCS also lost. Also what do you think is a fair dontation to Cag? I had worked out my costs £312 but they only granted me my parking and hours lost for the day which I had worked out at just shy of £50. I now know you can claim up to £95 for a days earnings.
  2. Oh crikey I have put this together this afternoon and now doubting it is relevant but I don't think I can do much more right now and I have to print it at my friends tomorrow and take it to court x 1. The facts from this statement come from my personal knowledge except where I have indicated otherwise. Where the facts are within my knowledge, they are true. Where they are not within my knowledge they are true to the best of my information and belief. 2. I have included a pack of evidence with this statement.
 3. The claimant has failed to show a cause for action by NOT responding to a CPR 31.14 request for documents and I think the claim should be summarily dismissed under CPR 16.4(4) 4. The defendant was not the driver at the time and the claimant does not rely upon the Protection of Freedoms act (POFA) 2012 to create a keeper liability in this matter so the defendant puts it to strict proof as to who was driving at the time. 5. The claimant has not complied with the IPC code of practice in one instance by not adhering to the POFA 2012 amongst other errors. See evidence (Members of the IPC who issue parking charges within the private parking sector are required to subscribe to the AOS and adhere to this Code which defines the core standards necessary to ensure transparency and fairness. The Code complements the existing laws concerning parking enforcement on private land. It is designed to enhance the conduct and culpability of members in order to increase
consumer confidence and raise standards within the industry. It remains the duty of the operator to appraise themselves with any legal provisions concerning their operations and to adhere to them. In particular, operators should have a sound working knowledge of the following areas: • The Protection of Freedoms Act 2012 (for operations in England and Wales) • Contract - with particular reference to unfair contract terms. • Tort – In relation to trespass. • Occupiers Liability – both in statute and tort. • Data Protection • Consumer Protection and Disability Discrimination) 6. The POFA 2012 (Copy supplied) is the relevant law in respect of transferring liability to the keeper in the event of a legitimate parking charge. The claimant, in their submissions, accepts that the defendant was not the driver, and confirms that they do not rely on POFA 2012 as the basis of holding the keeper liable. In the defendant's view, not only is this fatal to the claimant's case, but is likely a breach of GDPR with potential damages due. In any event, the defendant is confused about the relevance of the 'law of agency' which the claimant relies solely upon for creating keeper liability - particularly as they have not supported it's relevance and suggested application within their submissions. 7. The claimant did not send the Notice to keeper (NTK ) in sufficient time according to the POFA 2012. The defendant received the NTK on the 6th December which is 43 days after the contravention the NTK clearly states it did not get posted until the 29th October which is 36 days after the event. Protection of freedoms act 2012 The notice must be given by— (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. 8. The contract for parking states it is for customers only and so patrons of the theatre can never be offered the terms without the certainly that they will be breached, the signage represents an unfair contract under s62 of the Consumer Rights Act 2015 Consumer rights act 2015 Section 62 Requirement for contract terms and notices to be fair (1)An unfair term of a consumer contract is not binding on the consumer. (2)An unfair consumer notice is not binding on the consumer. (3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so. (4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer. (5)Whether a term is fair is to be determined— (a)taking into account the nature of the subject matter of the contract, and (b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends. (6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer. (7)Whether a notice is fair is to be determined— (a)taking into account the nature of the subject matter of the notice, and (b)by reference to all the circumstances existing when the rights or obligations to which it relates arose and to the terms of any contract on which it depends. 9. At the time of receiving the NTK the defendant telephoned the Theatre Deli and the theatre said that they are a charity and there is nothing they could do about it. They had already paid some patrons parking charges and they did not have the funds to pay anymore. The Theatre deli confirmed that they were in discussions with their landlord. 10. Since the event on the 24th October 2017 a system has been put in place for customers of the theatre to enter their registration numbers allowing them free parking during a performance. See evidence Theatre Delis ipad. VCS logo can been seen on the picture. 11. At the time of booking the show the defendant was not alerted via email, ticket or website that the parking at the site did not accommodate the length of the show, in addition there were not any signs directly outside or inside the theatre. Since the event an extra sign has been erected as you walk into the theatre which is clear evidence that the previous signs were not adequately positioned. 12. The signage at the entrance to the car park is especially unclear ” as it is situated on the left hand side at an angle and can not be seen from the inside of a vehicle. See defendants photo evidence. 13. The photograph’s that the claimant has provided are taken from a pedestrian who is standing at the other side of the road in daylight 14. In any case the signage is inadequate as it is so poorly sited and as it is not illuminated that it cannot be really be said it is brought to the attention of the drivers of vehicles entering the site at night. 15. In addition the yellow writing on a blue back ground says “Maximum stay one hour” cannot be read easily in the dark. The font above it which reads “St Marys Gate” is much clearer and readable. 16. The neighbouring car parks which belong to Decatholon and Bluebell wood charity have much larger and clear signage in comparison to VCS. This highlights the poor visibility of the signs erected by VCS at St Mary’s gate. Please see the pictures. 16.I believe that the facts stated in this witness statement are true.
  3. I know I need to number each paragraph. What are your thoughts guys. I think I now need to read back through their ws and see what else jumps out. I'm reading the POFA act but my brain is not processing the meaning of half of it. Not sure i'm cut out for this and feeling the pressure to get it all referenced with examples of previous cases and printed. Main difficulty is logging on to doitafeter work, kids, lack of sleep. Get the violins out. Went to the courts personal help unit today and was advised by them to put that I had had some third party advice on my witness statement. When I say "them" they were very young, guessing volunteers" the manager wasn't there. Do I need to add anything to support my original defence? I am the defendant in this case and these facts The defendant was not the driver at the time and the claimant does not rely upon the Protection of Freedoms act (POFA) 2012 to create a keeper liability in this matter so the defendant puts it to STRICT PROOF as to who was driving at the time. The claimant has failed to show a cause for action by NOT responding to a CPR 31.14 request for documents and state that you think the claim should be summarily dismissed under CPR 16.4(4) The contract for parking is for customers only and as patrons of the theatre can never be offered the terms without the certainly that they will be breached, the signage represents an unfair contract under s62 of the Consumer Rights Act. Do I need to insert this section of the customer rights act here? Since the event of the 24th October 2017 a system has been put in place for customers of the theatre to enter their registration numbers allowing them free parking during a performance. (Have pictures of the machine that you input you reg into the email from Moor Management/LLS (Refer to ticket and times of parking which correlates to the show) At the time of the show there were no notifications in the theatre nor outside or on the theatres website stating that theatre user should not park us the car park that the theatre is sited. The signage at the entrance to the car park is especially unclear ” as it is situated on the left hand side at an angle and can not be seen from the inside of a vehicle. See photographs I have also included photographs of the two neighbouring car parks for comparison which highlights how poor the VCS sign is. In any case the signage is inadequate as it is so poorly sited and as it is not illuminated that it cannot be really be said it is brought to the attention of the drivers of vehicles entering the site at night. See my pictures I now make reference to the The POFA 2012 (Copy supplied) which is the relevant law in respect of transferring liability to the keeper in the event of a legitimate parking charge. The claimant, in their submissions, accepts that the defendant was not the driver, and confirms that they do not rely on POFA 2012 as the basis of holding the keeper liable. In the defendant's view, not only is this fatal to the claimant's case, but is likely to amount to a breach of GDPR, with potential damages due. In any event, the defendant is confused about the relevance of the 'law of agency' which the claimant relies solely upon for creating keeper liability - particularly as they have not supported it's relevance and suggested application within their submissions. The claimant did not send the NTK in sufficient time according to the POFA 2012. The defendant received the NTK 43 days after the 24th October 2017 and as evident on the NTK provided it did not get printed until 36 days after. The notice must be given by— (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. I Need to present this properly.The debt collection costs that they're trying to claim for should be dismissed from the claim. does not allow for any additional costs to be passed on to the keeper. Can I highlight the relevant parts of the POFA or must quote them in this witness statement? Is this the correct section? 5) The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)© or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).
  4. Yes yes that’s what I meant. Not literally googling won’t be back till this evening now as got kids to deal with all day
  5. Trying to put it together and struggling with the written element. I have said before i'm not the sharpest knife in the drawer and i'm dyslexic so writing is hard. I am determined to give it a shot though. Abit confused about what to include and leave out. I have been googling the cases they have referenced and trying to understand their relevance and also which cases are relevant to my defence. I will inbox you what I have so far. To embarrassed to post live as it is very rough. - - - Updated - - - Me too! I need to get it to the court before the 7th as in court 21st
  6. Opps sorry. It looks like it s still there. Thanks for the reassurance about the judge lottery. This is what blind inboxed me Blind asked me to post it here. Where do I find details of ( VCS v Phillip, Liverpool CC dec 2016) please? When I search for it I can only find the case id and not the actual case. I am also struggling to find examples of witness statement. Stand ur ground. Appeal if ur not happy with the outcome. The contract is invalid. I couldn’t find a ruling on presenting a valid contract in court. That would be good if you do. I was busy with family so was unprepared The company JLL that signed off the contract on behalf of the “lawful occupant” at this point of time does not manage that property. It’s not part of their portfolio. Vcs paid the Scottish widows property trust money to manage the parking lot. The signing authority was never a director of the company JLL. Go to companies house company information. Print the directors list. That person is not on it. I tried to find Scottish widows property trust but was unable to. Find out who the leaseholder/landowner of 200 Eyre street from HM land registery is. If it’s not Scottish widows property trust than this contract is invalid. This info ought to be public knowledge but one needs to pay for it. I didn’t have time and I was stupid to be over confident. This is imperative. If the owner is someone else than the contract is invalid. If the owner is indeed Scottish widows than you can contact them and ask them aoubt their dealings with VCS. Take the copy to court. Don’t submit it with ur witness statement but on the day of hearing. I would love to help you but I’m not sure if we can exchange numbers. The judge should not accept a photocopy of the contract when originals are meant to be brought to court. Write in the witness statement that you expect to see the original. If you win this due to the fake contract than many of the people like me who lost can take vcs back to court and get our money back. I really want to get these i am gonna complain to Sheffield council that their adverts don’t follow rules of town and country act.(the judge said it’s not his problem but the councils) judge Wayne. Good luck.. Does this count as the letter before action as I am pretty sure that they did not send me one?
  7. I asked the theatre for the number of Moor management as they said it is Moor management who deal with VCS. The Moor is an area of Sheffield where St Marys gate is. I asked for an email for evidence that theatre goers can now give their registration numbers so they can stay the full length of the show. This is what she sent. See upload. Do you think it is worth using this or shall I just take a photo of the machine where people put in their reg details. If I use this email (If you scroll down to the bottom of the email you can see the land owners is JSS (the same as in the contract they have supplied) i can't really then point out that there is also no evidence to suggest that the contract is still running can I? I am aiming to get something together based on the advice I have been given and hope it makes sense. It is like being back at uni again writing essays. Only then I got help putting it together from the dyslexic tutor I am very grateful for your time everyone on here. Email.pdf
  8. Some great stuff in there Ericsbrother thank you. I fell asleep putting kids to bed tonight so I will get on it again tomorrow evening. Thanks x
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