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About Joh7n

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  1. This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. £108.60. Before I went in, it stood at £185 and the claimant asked for an extra £50 solicitor's fee and £15(ish) interest. So I could have been out of pocket by as much as £250.00. The judge would only allow the £100 PCN plus £8.60 interest. So it could have been worse. I'm still a bit fed up about losing, though.
  4. Oh I forgot to tell you. The judge also rejected the POFA argument that by pursuing me as the keeper, VCS should only ask me for the original PCN amount. But he then reduced the payment to £100 (plus interest) anyway because he didn't accept that VCS had incurred £65 pursuing the payment. He also didn't allow court and legal fees. So I did have a part success.
  5. I've had my day in court. Here is the final and complete defense I used: Before we went into the courtroom, the solicitor for VCS approached me and offered me a 50% discount to settle. I declined. He asked me what figure I would settle for, which boosted my confidence enormously, so again I declined. Which was a shame, because unfortunately, I lost, spectacularly. The first problem was that the Judge said I could present no new evidence on the day. I did write to the judge after the witness statements were submitted to ask for the opportunity to submit more evidence in response to VCS's statement, and apparently he wrote back giving me a 2 week window to do so. I didn't receive that letter, so I turned up on the day with my defence pack and that annoyed him because he thought I had disregarded his instructions. Also, he would only consider evidence relating directly to the 3 line defence I put on the original claim form. My witness statement argued six lines of defence, and my final defence pack added a couple more, so most of that was disregarded too! After some protestation, he did allow me to read my defence but throughout it, regularly told me he couldn't allow that particular argument. I also tried the 'Rights to Audience' trick ericsbrother suggested, but the solicitor said he was also a qualified barrister. So the judge eventually summed up, considering three arguments only: - whether a contract was formed between me & VCS, - whether VCS had the correct contract with the land owner, - whether signage had planning permission. Contract between me & VCS He agreed with Beavis. Said the entrance signage was 'sufficient & prominent'. Internal signs were to be expected and so should have been noticed. The internal signs were legible and the driver didn't bother to read them. Contract with landowner He believed a contract did exist, even though one wasn't produced, despite a CPR 34.14. I pointed out that the letter of authority included in their witness statement was not signed by the landowner, was printed on VCS letter headed paper and was dated 3 months after the incident, but to no avail. Planning Permission He said the burden of proof was on me to show that they were in breach of planning law. He accepted VCS's claim that the signs have deemed consent. And he said that, even if they did breach planning law, it wouldn't stop a contract being formed. He didn't accept that breaching planning law was a criminal act, unless the matter was in enforcement. He would not allow the suggestion that the ANPR cameras also need P.P. After the hearing, the solicitor said I put up really good arguments and said it seemed more easy than he expected. He didn't actually say so, but he seemed surprised to have won. I'll post up the actual Judgement when it comes through. Defendents WS.pdf
  6. 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.
  7. 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. 11b) My Plan for Court.pdf
  8. 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.
  9. 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. Won't the judge simply ask me who was driving, and I'll be obliged to answer under oath? That was well spotted! I can tell you've done this before! What the rights of audience legislation? Why would legislation exist that stops one party's legal representative from speaking on their behalf in court?
  10. 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 typo. 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. My Plan.pdf
  11. 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.
  12. 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?
  13. 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.
  14. 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.
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