VCS Windscreen PCN Claim form - Topps Tiles, Ings road Customer Cark park, Wakefield WF1 1RN

[wakeyshakey]

Hi All..

Please see first batch of scanned docs.

 

 

Batch 2

Edited August 19, 2018 by dx100uk
merge

[dx100uk]

attachments removed [65MB!!] for 6 pages...

 

one multipage PDF please

else we'll be here all day downloading single pages.

 

read upload

[wakeyshakey]

Got files merges but will ave to do the last pages again as a few docs became really blurred

 

There's a contract attached which may still not be readable.

 

Im happy to reupload in work format if required

claimant ws.pdf

[wakeyshakey]

Here's my second go at this... Done some reading... so much to read.. I'm really tempted to purse VCS for compensation as this is so time consuming.

 

My 2nd go at a WS. Please help me bloster it up so I can put it in the post in the next couple of days

 

Regards

WS

 

____________________________________

 

In the County Court Business Centre

Claim Number: ___

 

Between:

 

Vehicle Control Service Limited (Claimant)

 

v

 

___(defendant's name) (Defendant)

 

DEFENCE

 

Preliminary

1) The claimant failed to include a copy of their written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A). No indication is given as to the Claimant’s contractual authority to operate at the time in which the charge notice was issued on 13th July 2017. Instead, a contract valid for a period of 12 months from 31st December 2013 was provided which is irrelevant and no longer valid.

2) The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed the particulars of claim are not clear and concise as is required by CPR 16.4 1(a). Practice Direction 3A which references Civil Procedure Rule 3.4 illustrates this point:

3) A CPR 31.14 request was sent to the Claimant on 23/05/18 and received no correspondence back from the Claimant. On the basis of the above, I request the court strike out the claim for want of a cause of action.

 

Background

 

4) It is admitted that at all material times the Defendant is the registered keeper of the vehicle which is the subject of these proceedings.

 

5) It is admitted that on the material date, the Defendant's vehicle was parked at the location stated.

 

6) The Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver.

6.1. The Defendant avers that the Claimant is therefore limited to pursuing the Defendant in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 (the 'POFA').

 

6.2. Before seeking to rely on the keeper liability provisions of Schedule 4 of the POFA, a private parking operator must demonstrate that:

 

6.2.1. there was a 'relevant obligation' and/or 'relevant contract' formed with the driver, and

 

6.2.2. there was 'adequate notice' of the terms and the parking charge itself, on prominent signs in large lettering displayed clearly at the place where the car was parked, and at the entrance, and

 

6.2.3. that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

6.3. To the extent that the Claimant may seek to allege that any such presumption exists, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision. In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter.

7) It is denied that any "parking charges, damages or indemnity costs" (whatever they might be) as stated on the Particulars of Claim are owed. The alleged debt is denied in its entirety.

 

8) It is denied that the Claimant has standing to bring any claim in the absence of a valid and up to date contract that expressly permits the Claimant to do so, in addition to merely putting up parking signs and issuing letters on behalf of the true landowner. The Claimant is put to strict proof.

9) The Defendant relies upon ParkingEye Ltd v Barry Beavis (2015) UKSC 67 insofar as the Court were willing to consider the imposition of a penalty in the context of a site of commercial value and where the signage regarding the penalties imposed for any breach of parking terms were clear - both upon entry to the site and throughout.

 

10) The Defendant avers that the parking signage in this matter was inadequate and no consideration flowed between the driver and the Claimant.

11) This operation at this location is predatory, with hidden/small signage designed not to be seen, in order to penalise unsuspecting drivers rather than offer a clear contract to park at a price. The charge is unconscionable and unfair in this context, with ParkingEye v Beavis fully distinguished.

12) It is denied that the Claimant has any entitlement to the sums sought and it is denied that interest is applicable on the total sums claimed by the Claimant, which bear no relation to the maximum sum potentially able to be recovered from a registered keeper, as set out in the POFA, namely the sum stated in the Notice to Keeper.

 

13) The Defendant denies the claim in its entirety, voiding any liability to the Claimant for all amounts due to the aforementioned reasons. The Defendant asks that the court gives consideration to exercise its discretion to order the case to be struck out under CPR Rule 3.4, for want of a detailed cause of action and/or for the claim having no realistic prospects of success.

 

I confirm that the above facts and statements are true to the best of my knowledge and recollection.

 

 

Signed...........................

 

 

Date.....................

[ericsbrother]

What is all ll this it is admitted nonsense, write in plain english

 

say I am the keeper of the vehicle and as for admitting that the vehicle was parked where they say, dont bother.

 

Also dont tell the judge how to do his job

where you talk about the POFA you relate it to your cisrcumstance or it isnt a witness statement.

 

so show why it isnt creating a liability by saying things like VCS failed to do so and so rather than quoting a part of a requiremnt to do somehting without actually showing what Simple Simon's outfit did or didnt do.

Edited August 20, 2018 by dx100uk
spacing

[wakeyshakey]

Hi Ericsbrother/all...

 

This is not my area of expertise and I'm really struggling and have 24hrs remaining before this needs to be posted out to make the deadline.

 

I have made another attempt at the Witness statement. please have a look and I would really appreciate it if you can tell me specifically what I need to add/remove to wrap this up and put in the post

 

Thanks in advance

 

--------------------------

 

In the County Court Business Centre

Claim Number: ___

 

Between:

 

Vehicle Control Service Limited (Claimant)

 

v

 

___(defendant's name) (Defendant)

 

 

I, ************** am the defendant in this case.

 

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

 

2) I am the registered keeper of this vehicle, (make, model).

 

3) The claimant advised in the Particulars of Claim that “The cause of action is a breach of contract for failing to adhere to the Terms and Conditions of entering private land”.

 

The claimant produced an old contract which showed a valid date of 31st December 2013 for a period of 1 year. The PCN was issued on xx July 2017 which renders this document out of date. There can not be a breach of contract if there is no valid contract in place.

 

3) The Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver.

 

3.1I aver that the Claimant is therefore limited to pursuing the Defendant in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 (the 'POFA').

 

3.2. Before seeking to rely on the keeper liability provisions of Schedule 4 of the POFA, a private parking operator must demonstrate that:

 

3.2.1. There was a 'relevant obligation' and/or 'relevant contract' formed with the driver, and

 

3.2.2. there was 'adequate notice' of the terms and the parking charge itself, on prominent signs in large lettering displayed clearly at the place where the car was parked, and at the entrance, and

 

3.2.3. that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

 

3.3. To the extent that the Claimant may seek to allege that any such presumption exists, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver

 

. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision

 

. In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter.

 

4) It is denied that any "parking charges, damages or indemnity costs" (whatever they might be) as stated on the Particulars of Claim are owed. The alleged debt is denied in its entirety.

 

5) It is denied that the Claimant has standing to bring any claim in the absence of a valid and up to date contract that expressly permits the Claimant to do so, in addition to merely putting up parking signs and issuing letters on behalf of the true landowner. The Claimant is put to strict proof.

 

6) The Defendant relies upon ParkingEye Ltd v Barry Beavis (2015) UKSC 67 insofar as the Court were willing to consider the imposition of a penalty in the context of a site of commercial value and where the signage regarding the penalties imposed for any breach of parking terms were clear - both upon entry to the site and throughout.

 

7) I aver that the parking signage in this matter was inadequate and no consideration flowed between the driver and the Claimant.

 

8) The operation at this location is predatory, with hidden/small signage designed not to be seen, in order to penalise unsuspecting drivers rather than offer a clear contract to park at a price. The charge is unconscionable and unfair in this context, with ParkingEye v Beavis fully distinguished.

 

9) I deny that the Claimant has any entitlement to the sums sought and it is denied that interest is applicable on the total sums claimed by the Claimant, which bear no relation to the maximum sum potentially able to be recovered from a registered keeper, as set out in the POFA, namely the sum stated in the Notice to Keeper.

 

10) I deny the claim in its entirety, voiding any liability to the Claimant for all amounts due to the aforementioned reasons. The Defendant asks that the court gives consideration to exercise its discretion to order the case to be struck out under CPR Rule 3.4, for want of a detailed cause of action and/or for the claim having no realistic prospects of success.

 

I confirm that the above facts and statements are true to the best of my knowledge and recollection.

 

 

Signed...........................

 

 

Date.....................

Edited August 21, 2018 by dx100uk
Spacing

[dx100uk]

don't tell the judge what should be...

[ericsbrother]

no,no no.

For example

 

3.1 I was not the driver at the time and VCS should show STRICT PROOF of who was driving as there is no keeper liability in this matter

 

3.2, when seeking to..... A judge can read so you take a copy of the POFA and instead of this you say what applies to YOUR case so you say VCS FAILED to do this or that

 

You need to make it YOUR account as already said, not some regurgitation of the POFA. You refer to that but need to state your case.

 

Now courts replaced trial by combat so consider this in the manner of a sword fight.

 

Telling the judge all about a sword that has been made to defend you is all very well but not carrying it with you wont win a fight.

Edited August 21, 2018 by dx100uk
Spacing

[wakeyshakey]

Thanks Ericsbrother.

 

Do I need to reference previous court cases or can I omit that?

I'll repost again shortly

 

Thanks

[wakeyshakey]

Hi

 

The below is stated in the contract. Does this mean the contract is still valid at this point and time as I have put in my WS that it is not?

 

contract signed on 31st Dec 2013

Clause 6.4 states:

That this agreement shall be extended immediately following the expiration of the term and will continue to roll for a further fixed period equal to the length of the term. ("the extended term") unless the client gives notice of termination in writing in accordance with clause 6.3

[dx100uk]

but wheres the proof its been done?

[wakeyshakey]

but wheres the proof its been done?

 

Does the Rolling contract not mean that they can continue using the current one?

Would they still require additional paperwork to confirm the contract is still in place?

[dx100uk]

no but there must provide proof its still in place

that's a 2013 contract ...who says the owner has paid all these last 5yrs to renew it?

[wakeyshakey]

no but there must provide proof its still in place

that's a 2013 contract ...who says the owner has paid all these last 5yrs to renew it?

 

ok point made. The also mentioned that another contract is in place since December of 2013 which coincidentally was not included in their WS

[dx100uk]

exactly

don't forget this is VCS and they are EXCEL to

as EB pointed out

they often get confused who they are and who actually signed the contract

[wakeyshakey]

I noticed as well that they put 13th December in the Witness statement instead of 31st December as the contract states

[wakeyshakey]

Hi

 

Please see changes below. Can anyone please advise if this will be ok and if not, any changes I need to make as Need to have it in post tomorrow for next day delivery.

Should I removed points 3.1 to 3.3 and also point 7?

 

thanks

 

____

Claim Number: ___

 

Between:

 

Vehicle Control Service Limited (Claimant)

 

v

 

___(defendant's name) (Defendant)

 

 

I, ************** am the defendant in this case.

 

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

 

2) I am the registered keeper of this vehicle, (make, model).

3) The claimant advised in the Particulars of Claim that “The cause of action is a breach of contract for failing to adhere to the Terms and Conditions of entering private land”. The claimant produced a contract which showed a valid date of 31st December 2013 for a period of 1 year. The PCN was issued on xx July 2017 which renders this document out of date. There cannot be a breach of contract if there is no valid contract in place. The Claimant is put to strict proof to provide the required evidence.

3) The Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver.

3.1 I was not driving the vehicle on the on the date when the PCN was affixed to the car and VCS is put to strict proof to show who the driver was as there is no keeper liability in this matter.

 

3.2. Before seeking to rely on the keeper liability provisions of Schedule 4 of the POFA, a private parking operator must demonstrate that:

 

3.2.1. There was a 'relevant obligation' and/or 'relevant contract' formed with the driver, and

 

3.2.2. there was 'adequate notice' of the terms and the parking charges itself, on prominent signs in large lettering displayed clearly at the place where the car was parked, and at the entrance, and

 

3.2.3. that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

3.3. To the extent that the Claimant may seek to allege that any such presumption exists, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision. In the alternative, an amendment. could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter.

4) I deny that any “parking charges, damages or indemnity costs" (whatever they might be) as stated on the Particulars of Claim are owed. The alleged debt is denied in its entirety.

 

5) The Claimant has not shown tangible proof via an up to date contract that expressly permits them to bring a claim against me. Merely putting up parking signs and stating that they have the authority to implement a parking scheme since 13, December 2018, as they have stated in their Witness statement is just not enough. The Claimant is put to strict proof.

6) I deny that the Claimant does not have the right to bring any claim in the absence of a valid and up to date contract that expressly permits the Claimant to do so, in addition to merely putting up parking signs and issuing letters on behalf of the true landowner. The Claimant is put to strict proof.

7) I rely upon ParkingEye Ltd v Barry Beavis (2015) UKSC 67 insofar as the Court were willing to consider the imposition of a penalty in the context of a site of commercial value and where the signage regarding the penalties imposed for any breach of parking terms were clear - both upon entry to the site and throughout.

 

8) The driver did not enter into any agreement. No consideration flowed between the two parties and no contract was established.

9) I deny that the driver would have agreed to pay the original demand of £100 to agree

to the alleged contract had the terms and conditions been properly displayed.

 

10) The Claimants are known to be serial issuers of generic claims similar to this one. HM Courts Service have identified over 1000 similar sparse claims. I believe the term for such behaviour is roboclaims and as such is against the public interest.

 

11) I also dispute that the Claimant has incurred £60 losses costs to pursue an alleged

£100 debt, the costs of which are in any case not recoverable.

 

12) The operation at this location is predatory, with hidden/small signage designed not to be seen, in order to penalise unsuspecting drivers rather than offer a clear contract to park at a reasonable price. The charge is excessive and unfair in this context, with ParkingEye v Beavis fully distinguished.

 

13) I deny that the Claimant has any entitlement to the sums sought and it is denied that interest is applicable on the total sums claimed by the Claimant, which bear no relation to the maximum sum potentially able to be recovered from a registered keeper, as set out in the POFA, namely the sum stated in the Notice to Keeper.

 

14) I deny the claim in its entirety, voiding any liability to the Claimant for all amounts due to the aforementioned reasons. I request that the court gives consideration to exercise its discretion to order the case to be struck out under CPR Rule 3.4, for want of a detailed cause of action and/or for the claim having no realistic prospects of success.

 

I confirm that the above facts and statements are true to the best of my knowledge and recollection.

 

 

Signed................... ........

 

 

Date.....................

[wakeyshakey]

I made a few changes... If anyone can have a look before morning and let me know if its ok or please let me know of anything that might bolster my statement, it will be much appreciate as it needs to be posted tomorrow morning

 

Many thanks

---------------------

Claim Number:

 

Between:

 

Vehicle Control Service Limited (Claimant)

 

v

 

(Defendant)

 

I, xxxxxxxxxxxxxx, am the defendant in this case.

 

1. The facts in this statement come from my personal knowledge.

Where they are not within my own knowledge there are true to the best of my information and belief

 

2) I am the registered keeper of this vehicle, xxxxxxxxxxxx.

 

3) The claimant advised in the Particulars of Claim that

“The cause of action is a breach of contract for failing to adhere to the Terms and Conditions of entering private land”.

 

The claimant produced a contract which showed a valid date of 31st December 2013 for a period of 1 year.

The PCN was issued on xx July 2017 which renders this document out of date.

There cannot be a breach of contract if there is no valid contract in place.

The Claimant is put to strict proof to provide the required evidence.

 

3) The Claimant has provided no evidence (in pre-action correspondence or otherwise) that I was the driver.

 

3.1 I was not driving the vehicle on the date when the PCN was affixed to the car and VCS is put to strict proof to show who the driver was as there is no keeper liability in this matter.

 

3.2. Before seeking to rely on the keeper liability provisions of Schedule 4 of the POFA[EXHIBIT A], a private parking operator must demonstrate that:

 

3.2.1. There was a 'relevant obligation' and/or 'relevant contract' formed with the driver, and

 

3.2.2. there was 'adequate notice' of the terms and the parking charges itself, on prominent signs in large lettering displayed clearly at the place where the car was parked, and at the entrance, and

 

3.2.3. That it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

 

3.3. To the extent that the Claimant may seek to allege that any such presumption exists, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver.

 

Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm.

Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision.

 

In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988.

The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed.

Those provisions do not apply to this matter.

 

4) I deny that any “parking charges, damages or indemnity costs" (whatever they might be) as stated on the Particulars of Claim are owed.

The alleged debt is denied in its entirety.

 

5) There is another entrance into the shared business park on Denby Dale road, where Xercise4less is situated.

The signs throughout the complex are indistinguishable unless scrutinised up close.

The colour scheme of the signs are exactly the same across the whole site and someone visiting Xercise4less or Yesss Electrical wouldn’t know where the demarcation points were in the Business Park, thus falling foul to VCS’ unscrupulous tactics.

 

6) The Claimant has not shown tangible proof via an up to date contract that expressly permits them to bring a claim against me.

Merely putting up parking signs and stating that they have the authority to implement a parking scheme since 13, December 2018, as they have stated in their Witness statement is just not enough. The Claimant is put to strict proof.

 

7) I have the reasonable belief that the Claimant does not have the right to bring any claim in the absence of a valid and up to date contract that expressly permits the Claimant to do so, in addition to merely putting up parking signs and issuing letters on behalf of the true landowner.

The Claimant is put to strict proof.

 

8) The driver did not enter into any agreement.

No consideration flowed between the two parties and no contract was established.

 

9) I deny that the driver would have agreed to pay the original demand of £100 to agree

to the alleged contract had the terms and conditions been properly displayed.

 

10) The Claimants are known to be serial issuers of generic claims similar to this one.

HM Courts Service have identified over 1000 similar sparse claims.

I believe the term for such behaviour is roboclaims and as such is against the public interest.

 

11) I also dispute that the Claimant has incurred £60 losses costs to pursue an alleged

£100 debt, the costs of which are in any case not recoverable.

 

12) The operation at this location is predatory, with hidden/small signage designed not to be seen, in order to penalise unsuspecting drivers rather than offer a clear contract to park at a reasonable price. The charge is excessive and unfair in this context, with ParkingEye v Beavis fully distinguished.

 

13) I deny that the Claimant has any entitlement to the sums sought and it is denied that interest is applicable on the total sums claimed by the Claimant, which bear no relation to the maximum sum potentially able to be recovered from a registered keeper, as set out in the POFA, namely the sum stated in the Notice to Keeper.

 

14) I deny the claim in its entirety, voiding any liability to the Claimant for all amounts due to the aforementioned reasons. I request that the court gives consideration to exercise its discretion to order the case to be struck out under CPR Rule 3.4, for want of a detailed cause of action and/or for the claim having no realistic prospects of success.

 

I confirm that the above facts and statements are true to the best of my knowledge and recollection.

 

Signed................... ........

 

 

Date.....................

Edited August 21, 2018 by dx100uk
spacing

[dx100uk]

still don't think that anything like it should be

its not like anything here

esp 1.

 

post 100 here is worthy but so is the whole thred

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?468127-VCS-BW-Claimform-PUB-PARK-SOUTHSEA-LIVE-Spooner-St-Sheffield-**WON-NO-CONTRACT**/page5

 

still looking

[wakeyshakey]

Thanks DX

I'll change point 1 of my statement. (I found a grammatical error anyway)... and read through the thread you posted

 

Thanks again... any and all help is much appreciated before posting in the morning

[ericsbrother]

so if VCS are suing and Excel have the contract then VCS have no locus standi. There are examples on the parking pranksters blog so dig them out and use them. They are not one and the same even though they may claim it is so. Ram this point home as it saves you having to argue the lesser points

[dx100uk]

but this is a claim from VCS and VCS are named on the contract

just that theres no proof its current. but its from 2013 with no proof its still active now

[wakeyshakey]

I'm so worried about this hearing. I feel like I'm walking into a firing line

[dx100uk]

so what happened??

 

dx

 

[FTMDave]

We have a spate of new VCS cases at the moment and it would be very useful to know how other court hearings went.

So?