VCS PCN Claimform - operator photos - no stopping Gallagher Leisure Park sc@nthorpe

[stevehatesbankers]

I have just checked the MCOL website. It hasnt updated to state they have received the DQ from me (although I have a Post Office proof of receipt) It was updated on the 2nd to say they have received the DQ from the claimant.

[stevehatesbankers]

Confirmation that it has now been transferred to my local court

[dx100uk]

Date yet?

[stevehatesbankers]

No, its showing on the Mcol website as being transferred tody

[stevehatesbankers]

Just received a Notice of Allocation to Small Claims Track requesting preparations for the hearing

[dx100uk]

hearing date?

 

[stevehatesbankers]

No date as yet, need to return requested docs such as witness statements

[dx100uk]

WS deadline is 14 days before hearing date....you don't have one yet!!

[stevehatesbankers]

WS needs to be in by 1/04/2019

[dx100uk]

Lets hope they send their 1st then they usually do..

hope you didnt give them you email on the DQ return

[stevehatesbankers]

They havent got my email. They have made no contact with me other than standard letters demanding payment. They havent responded to any requests for any docs,

Guidance on WS would be appreciated

[dx100uk]

Good

Lots of ppc witness statements here already

just use the search top right

 

 

[ericsbrother]

my advice is to write in plain english except where specific legal terms are required so dont use the formulaic "it is admitted that the defendant is......"

just start out using the timeline of the events so.

On the 32nd of feb 2020 the vehicle reg no (xx11yyy) was photographed by an employee of the claimant at ( location) and that the defendant was the keeper of this vehicle at the time

(note use of third person, use that throughout if you want to use the POFA keeper liability conditions not being met as an argument)

basically you tell the story from your point and then sya why VCS are wrong so after saying that you received sucha d such a letetr saying that you had breached a contract you lay into the lack of siganeg offering a  contract, show what the signs actually say, point out that you have to stop to read the signs so no stopping is an impossible clause at is is both forbidding but the only way that you can read the conditons is to stop so clearly not a fair or enforceable term.

then you rubbish their WS if you ahve it in time and where you refer to pictures, other cases etc you ahve an index of that evidenec with numbers or coloured stickers or soemhting to ake them easy to refer to. read the parking pranksters blogspot and web site for reports on similar cases, copy the relevant ones and say they are persuasive unless it has beeb through as higher court and the they become compelling. even a screen shot of the pranlsters blog is evidence, I once got told by a judge that i couild ahve looke dup the whole judgement of one case I mentioned this way, he seemed amused that i had done a screen grab but the opposition had nothing so they were invited to shut up when they tried to stop it fom being considered as evidential material.

[stevehatesbankers]

Been away for a week so apologies for no reply. Thanks Erics brother and dx100uk for your replies. Going to prepare a witness statement tonight as it needs to be in by 1st April. Just received theirs today but nothing I have requested as been provided. Need to go to an appointment but will update further on my return tonight

[dx100uk]

scan up all of theirs to one multipage pdf and drop and drag it as below these msg boxes

[stevehatesbankers]

Just a few immediate observations,

they havent provided any planning consent docs from local authority,

 

The contract states it is a 3 year fixed yet their WS states it can be rolled over yet I couldn't see any evidence of this in the contract.

 

The Company registration number on the VCS contract is incorrect and differs from Companys House.

 

The contract is with Ashflame Scunthorpe Ltd which was dissolved 10th October 2017

contract.pdf Claimants WS.pdf

[ericsbrother]

The contract says they must operate by the bPA's code of conduct yet they failed to offer you the opportunity to appeal to POPLA.

 

Now that may seem like a small point but you can in theory ask the court to order them to go back to that stage as they have failed to use the CoP they are signed up to.

 

As they arent members of the BPA then you will be waiting for ever and they cant sue you until POPLA have considered the matter. 

 

In the real world that is not a get out of jail free card but you can use it to show that they have  not adhered to the contract with the landowner ( check that the co who signed them up still owns the land)

 

they arent going to provide any planning docs because they dont apply for planning and rely on people not dobbing them in or telling lies if that does happen.

 

You need to read up on planning approval via the link in the parking pranksters blog of the 16th dec 2017

[stevehatesbankers]

Contract expired Dec 2016.

No proof of rolling contract.

Also company went into liquidation October 2017. 

[dx100uk]

sorted your PDF'd for you

tidied thread too

[stevehatesbankers]

Cheers. The WS file was too big so wouldnt let me upload

[dx100uk]

well all I used was an online pdf merge website

[ericsbrother]

so now you know they have no authority to be there. They may try and claim that the contract is endless but they have a problem called performance- ie they can no longer make the promises they do because they no longer have an agreement with anyone to allow them to continue. Any liquidator wont be saying yes to them being there just because they are there already. The contract died when the company folded.

If you want to read up on performance of contracts the common example is I can agree to sell you London bridge but I cant actually hand it over so cannot perform to the contract

[stevehatesbankers]

Please find attached my initial WS.

Witness Statement against VCS.doc

[stevehatesbankers]

Here goes I hope

Witness Statement against VCS in pdf.pdf

[stevehatesbankers]

Any assistance would be much appreciated as I need to post this tomorrow

Thanks in advance