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

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you now wait until the last moment before sending in your outline defence to give them a chance of replying to the CPR request for documents.

 

When they dont respond you can add points like

 

the defendant does not believe they have locus standi in this matter as they have failed to produce a contract with the landowner etc etc.

 

as well as the points where you deny a contract was offered, entered into and so forth.

 

It puts them on the back foot as the first thing they will have to produce in court is a valid contract

Edited by dx100uk
spacing

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Still nothing received so was going to file a defence. Any guidance on this would be appreciated

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your defence was due 5 days ago

did you not read post 5 & the warning in post 48 bottom?


please don't hit Quote...just type we know what we said earlier..

 

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Does it not allow for Christmas Day, Boxing Day, New Years Day and weekends?

 

Can a defence still be filed as they have been none responsive

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already had ...you get 1 extra day xmas eve

nowhere does anything here or on any court documents say you discount w/ends SHB..

your defence filing date is clearly in post 45 over a month ago now.

 

you MIGHT get away with it...try

use the 2 or 3 line std defence on any PPC claimform thread here already via MCOL

as you've been reading up ofcourse for the last month so you know what to file haven't you???


please don't hit Quote...just type we know what we said earlier..

 

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ofcourse I can see that you haven't been here since dec 15 and haven't read any other PPC claimform thread

bit of a surprise for someone that been on cag for 10yrs and must know its a self help site too,,,

 

but never mind...we have big buckets..post 54 gives what you what you need to file


please don't hit Quote...just type we know what we said earlier..

 

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Hi, please see my initial defence draft for your thoughts

 

1. It is acknowledged that the defendant, (NAME), residing at (ADDRESS) was the registered keeper of the vehicle. However, I am unable to confirm who was the driver at the time of the issuing of the PCN

 

2. The claimant has failed to file enough information in the Particulars of Claim. There are no details provided to evidence any contract created nor any copy of this contract. There is no explanation for the vague description parking charge notice for Stopping

 

3. It is denied that any "parking charges or indemnity costs" as stated on the Particulars of claim are owed and any debt is denied in it's entirety.

 

4. The signs are unclear and clearly hidden (as shown by the photographic evidence) by what appears to be a local authority works vehicle. The signage on this site is inadequate to form a contract.

The signs are not visible which is in breach of the BPA Code of Practice and no contract formed to pay any clearly stated sum.

The signs are believed to have no mention of any debt collection additional charge, which cannot form part of any alleged contract.

The signage was not lit and any terms were not transparent or legible; this is an unfair contract, not agreed by the driver and contrary to the Unfair Terms in Consumer Contracts Regulations 1999.

No promise was made by the driver that could constitute consideration because there was no offer known nor accepted. No consideration flowed from the Claimant.

Absent the elements of a contract, there can be no breach of contract.

 

5. My DVLA data was supplied for the single strict purpose of enquiring who was the registered keeper of the vehicle. No evidence has been supplied by the claimant as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land. At the time the alleged parking charges occurred it is possible for a number of people to have been the driver, but I have no obligation to name any of them to a private parking firm. It remains the burden of the Claimant to prove their case. I choose to defend this claim as the registered keeper, as is my right.

 

6. The claimant may try to rely upon ParkingEye Ltd v Beavis, yet the Defendant would like to point out that this car park does not offer a free parking period therefore Parking Eye Ltd v Beavis case does not apply.

 

7. The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons.

It is submitted that the conduct of the Claimant is unreasonable therefore, I am keeping a note of my wasted time/costs in dealing with this matter.

 

8. I request the court strike out this claim for the reasons stated above, and for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstones' template particulars for a private parking firm being 'incoherent', failing to comply with CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''.

 

9. Despite my request for copies of the following, Vehicle Control Services have failed to provide a reply for anything:-

 

The contract between Vehicle Control Services Limited and the landowner (Gallagher Leisure) that assigns the right to enter into contracts with the public and make claims in their own name.

 

Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

 

Copies of the notice to driver, notice to keeper and any other correspondence from Vehicle Control Services Limited & Gallagher Leisure to the defendant that you intend to rely upon in court.

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no that's not the 2-3 line defence in post 54 is it?


please don't hit Quote...just type we know what we said earlier..

 

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I am no expert and merely asking for help. I didnt think a 2 to 3 line defence would be sufficient

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Exactly

You are not

The more you put

The more you open yourself up to danger

 

KiSS

 

As post 54 only

 

Another day late now


please don't hit Quote...just type we know what we said earlier..

 

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3 line defence is sufficient at this stage.


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Sorted, thank. Submitted so what is the next step? Do I await their response or when do I request a strike out

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NO steve

you go read any/most claimform threads IN this FORUM.

so you KNOW what is next and what might be to come

 

use the search CAG box of the top red toolbar

 

claimform PCN


please don't hit Quote...just type we know what we said earlier..

 

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just to update you, a Notice of Proposed Allocation to the Small Claims Track has arrived together with Directions Questionnaire. Not a thing from VCS

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you mean N180?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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I see you've already been reading up on what to reply with and copy to whom?


please don't hit Quote...just type we know what we said earlier..

 

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Forms have to be completed by 4th Feb. Cant see anywhere on Mcol if it can be completed online

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sadly no …

 

no to mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to the sols minus email/phone/sig

1 for your file


please don't hit Quote...just type we know what we said earlier..

 

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sure


please don't hit Quote...just type we know what we said earlier..

 

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Just to update you, DQ sent to CC and a copy to VCS and had confirmation that both have been received and signed for. Still havent received a thing from VCS.

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you wont.

 

Which is good for you. That means that they haven't got some of the things you asked for and they should have everything according to their agreement with either BPA or IPC. That means they have been economical with the truth when joining their approved operator. Thus they should not be allowed to receive data from the DVLA. And if they have not been honest with their approved operator it calls into question their integrity.

 

You could hammer home but a bunch of crooks VCS are by using the Prankster's blogs where they have lost cases because they do not have the legal permissions in place time and time again.

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