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Lazy farmer

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Everything posted by Lazy farmer

  1. Thank you everyone. Should I put together a supplemental WS (it would be technically late) or just prepare a defence to each of Ambreens points for judgment day?
  2. Unfortunately due to my remote location I had to send my WS on the 19th & VCS have quickly turned around a supplemental WS (attached) before the 24th Deadline. They have cited test cases to argue the land is relevant & that Byelaws are arbitrary. Any thoughts? vcs supplemental ws 21.07.22.pdf
  3. Its been allocated to my local court ( i wont name it), it's only 100 yds from where i work.
  4. I can't see where to email the court so may just post both. It says I may be able to email by using the Money Claims On Line service that I am registered for but i cant see any option to email in my WS
  5. Thanks, i'm now all good to go. Will email the court tomorrow & post to VCS on Wednesday with proof of postage. Will revise & make sure I understand the points i'm making. Will update as to how it goes.
  6. Great, ive swapped the headers & added the Annex F, F1, g. I noticed d - which might also apply: d) a vehicle that has been driven onto controlled land due to an instruction to the driver by a member of the emergency services, or an invitation or instruction from the landholder(s) or parking operator; (My vehicle was pre-booked into on site parking) Finally, from copying Maximus WS I have listed the airport byelaws as an exhibit but am not sure if they help my case, should i have listed Schedule 4 of POFA instead? Byelaws attached Bristol Airport Byelaws 11062018.pdf
  7. I copied from another WS, if you look at my first draft WS its section 9.4 and seeks to clarify that the £100 charge notice is sufficient to cover letters/debt collection costs without adding a separate £60/£70 debt collection charge. The VCS WS also posted above seems to use the same case to justify that entering the site constituted acceptance of the terms & conditions. My concern is, am I quoting a case that has a verdict that goes against part of my argument?
  8. Sorry FTMDave, I meant my witness statement quotes Parking Eye v Beavis and was concerned that both vcs & I were relying on the same test case.
  9. i notice they are quoting Parking Eye Ltd V Beavis (2016) AC1172 to legitimise a contract being in place. My copied defence also lists Parking Eye v Beavis 2015 - is this a bad idea?
  10. Wow, thanks. All points have been incorporated. I'm not great with MS Word so the numbering & pagination will need tidying once the draft is complete.
  11. Just got home from work & found the VCS WS waiting for me on the mat. I will scan it to pdf without my details tomorrow at work & post it up although it looks identical to one i've seen on here. They state that their £60 debt recovery charge is in line with the IPC code of Practice which limits this to a maximum of £60. "The claimant submits that the debt recovery charge included within the claim does not exceed £60 and therefore is in accordance with the IPC code of practice." Their debt recovery charge on my Charge notices & court paperwork is £70!
  12. My vehicle is on a fleet policy with 20+ drivers. Could you suggest some wording to put them on strict proof that i was the driver & not just the keeper?
  13. Thanks everyone, i will get a second draft up hopefully by the weekend with these helpful amendments made. I've not had the VCS WS - am i likely to see this before I have to submit mine? If so should I post it up ?
  14. Hopefully attached is my first draft WS with names dates removed etc. I have until 4pm on the 21st July so plenty of time to add or remove bits & tidy it up. I will put an index as the first page Its basically a lightly modified version of Doomtrooper/Maximus' recent work so thank you to them & everyone else who has helped thus far. The last section about the car park with no signage is my own words so may not be very legal speak Comments good or bad please VCS Witness statement first draft pdf.pdf
  15. Well my court hearing date has been set for 3pm on the 25th August & I need to get my witness statement in by 4pm on 21st July. This was followed a couple of days later by a letter from VCS helpfully offering a reduced settlement charge of £200 but warning should I continue to trial they would be seeking an additional £220. I’m not worried by this & am committed to have my day in court. I have studied Doomtroopers & Alaska101’s witness statements & think I can produce something with their help. A few questions: Hypothetically if the defendant was the driver would the judge ask this & would the defendant be obliged to answer? Can anyone confirm if the roads within Bristol airport are not relevant land and are covered by the RTA & subject to byelaws? My current thoughts are to keep my ws on point & not make hundreds of points about whether a contract exists between VCS and the airport & whether they have planning permission for their signage. Instead I am planning to put forward well developed points based on the points in my last post. Good idea or not?
  16. Received a letter before claim yesterday from Gladstones Solicitors. Says pay or fill in their online dispute form. is this the moment to state: I am the registered keeper but categorically was not the driver. I do not know who was driving, the vehicle is used by many. The charge notice was not received within 14 days so is not compliant with POFA and therefore the claimant has no right to transfer the charge to me. ?
  17. Sent that back, no to mediation & my local court requested. in todays post a letter to say that ELMS are no longer representing VCS on my case & an opportunity for me to pay a reduced figure of £195 Reading similar posts this seems to be their usual tactic. I’ve been researching witness statements on here in preparation for the hearing and read the one prepared by Alaska, does anyone know if this was successful? A couple of points I’m not sure on, has anyone proved that Bristol Airport roads are not relevant land/ covered by byelaws/ adopted by the local council? From what I have read so far my defence appears to be 1. That VCS have no right to issue charge notices 2. That no contract was entered into 3. The vehicle stopped at a different postcode to the one on the CN 4. The reason for stopping (in pitch darkness) was because Bristol Airport had no signage for their Meet & Greet Car Park that I had prepaid for despite a large colour coded sign at the car park entrance listing all the other different car parks. This is still the case today.
  18. Just received Notice of Proposed Allocation to the Small Claims Track Assume no to mediation & ask for my local court? Have until 16th May to respond
  19. Thanks both. Lookinforinfo - that exemption exactly sums up my experience, where does it come from?
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