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VCS ANPR PCN Claimform - overstay St Marys Gate, retail park, Sheffield **WON+COSTS**

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Can I i'm really glad about that. I'm going to ask the theatre for a photo copy of the arrangement they have with them. Presuming their is one. Thanks for your comments.

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did you get the N180 done?


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Yes x

 

there! not their :oops:

Can I i'm really glad about that. I'm going to ask the theatre for a photo copy of the arrangement they have with them. Presuming their is one. Thanks for your comments.

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Ok @dx100 @ericsbrother @lookinforinfo

 

I received a notice of allocation to the small claims track before Christmas and just put it to one side. VCS had till 24th Jan to pay the fee and the court hearing is 21st February. So today 28th January I called the court and I really thought that they would not have paid the fee but they have!!

 

I am mad with my self that I did not read the details sooner as my statement has to be in by 7th February which does not leave me much time.

 

I am not sure how to play this now. Stick to the 3 points in my N180 0r/and comment about the fact we were in the theatre and there is now a new agreement with the Theatre and VCS to park for the play for free? and tick the fact I can't remember who was driving that night?

 

I have been offered mediation again and the opportunity to use the court help desk(A charity based within the court providing free support) any suggestions on what I should do or how to shape my witness statement please?

 

**** has hit the fan! I feel bit shaky after ready @blinds7383 result. Situation different but the same car park and was using "timed out for keeper liability" as defence.

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3 points in the n180?

 

you mean you've to do a witness statement by 7th

easy peasy

lots here and on the parking prankster site.


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HI dx100uk,

These points?? I don't feel its easy peasy. I have been searching for witness statements similar. Could you help me with this please? x

 

1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.

This means there is no cause for action by the claimant against the defendant.

 

2. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

 

3. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

 

Thank you

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PM’d you some tips..

 

Sorry.. found ur court date

 

Wait for their witness statement. Send yours to court via email on last date and cc vcs.

They’ll probably send the same crap they sent me.

Law of contract for keeper liability.

Edited by dx100uk
merge

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post them here so anyone with the same issue can benefit


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Op wasn’t driver. Too old an event. No idea who drove the car. Don’t know if someone drove without permission.

Demand original contract.. contract is a farce.

The judge didn’t care the contract was expired as the contract rolled over unless terminated.

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Their witness statement and evidence came today. It seems they have a employed a paralegal to deal with these circumstances. I am just reading through it now.

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They are pointing out that I did not attempt to appeal. If they ask me this in court what do I say?

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Do they know you are the driver, If not why would you appeal as Keeper? Is of little consequence, they are trying to be clever and failing.


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Well after reading that I feel like I haven't got a leg to stand on. I have received an email from "Moor management" (they manage the area of Sheffield that this occurred) as it is Moor management that deal with the theatre and Moor management who have arranged for customers of the theatre to park for free.

Shall I post their witness statement? Or at least the parts where they defend the points you guys told me to put?

 

They have sent photos of the signage, site maps etc

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Might be useful, so long as you redact all personal identifiers so the crew can see whats what.


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They have put…

 

"The claimant is pursuing the defendant as the registered keeper and holding the defendant liable for the actions of the driver under the law of agency" ???

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Scan it up to one multipage off please inc exhibits

Read upload


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What legal cases have they used and quoted? to ground Keeper liability; Beavis in there somewhere, along with CPS v AJH films which is irrelevant, and the other old discredited chestnut that is not relavent to Private Parking as it is Criminal, Elliott v Loake?


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Their witness statement defends the points I sent as my defence. They are not relying of the protection of freedoms act 2012

 

-That I had opportunity to name the driver at the time of contravention

-The claimant relies on the law of agency and has quoted a number of previous cases to rely on.

 

Thanks.

 

 

1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.

This means there is no cause for action by the claimant against the defendant.

 

2. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

 

3. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

 

Thank you

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Thornton and Shoe lane parking 1971

vine v waltham 2002

parking eye v bevies 2015

Excel parking service v Nick Jenning 2017

Chaplair limited v kumari 2015

 

The signs say "Customer parking" was a customer. The theatre was brand new. So new attendees had to get refreshments from a local shop.

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Tried to upload/convert but you can hardly read it. Falling asleep now so i'll be back tomorrow evening x

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@brassedneck did you see this?

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Claimants witness statement attached

 

Exhibits to follow ...

 

Not sure if its my mac or was but its not uploading the file now. I'm getting so frustrated. Could you inbox me your email Perhaps please? x

 

saying file is too large- sigh. Bare with me

 

Hooray!

 

There is also the original PCN which I dated 29.11.17 (contravention was 24.10.17) I received it 6th Dec 17 (no envelope saved)

and final reminder issued 29/12/17 and photos of my car entering and exiting. It is dark and you cannot see the driver.

claimants ws.pdf

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merged to one pdf for you.

 

what a shame that contract is dated 2012 and there no proof? that its been paid to date//

 

std VCS WS BTW


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks. Does that mean they have sent standard VCS witness statement by the way?

 

The Paul Curzon guy who has signed the contract is not listed on Company house as a director. I will print that off as in a previous thread. I have made a table of points to raise which I will attach. Please can you let me know if I am on the right track.

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