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anniebattlemum

VCS ANPR 2015 PCN claimform - Berkeley Centre

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I see yes, so the defence should not mention anything that confirms the driver was actually there. 

 

Can anyone please direct me to the standard brief defence that is recommended?

 

I have been searching through the forum and have seen lots of instructions about the procedure but not the content of the standard defence.

 

Thanks.

 

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just type no need to keep hitting quote

 

use the google custom search box on the left after hitting our top cag squares logo.

 

PCN Claimform

 

dx

 

 

 


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ok thanks

 

worked ok above

 

 


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I have read various brief defences and think it's time to prepare something and run it by you.

 

Am I right in thinking that:

a) It should not be submitted in advance as then the claimant will see it and have the benefit of adjusting his claim

 

b) It should be sent by email direct to the County Court Business Centre as close as possible to the final day - is that because of security, reliability of delivery or some other reason?

 

At what point does the Witness Statement come into play?

I have read "at the time of disclosure" - is that in court?

 

After the brief defence you recommend, suggesting there is no contract and therefore no breach has occurred,

does anything further happen before the actual appearance in court?

 

I have taken further steps to get land owner information from the Land Registry office,

but I'm not sure what I can do with that information,

 

unless I write to them and ask them to confirm they have given VCS the right to make charges.

 

Would that be a waste of time?

 

Thanks once again for all your helpful guidance.

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37 minutes ago, anniebattlemum said:

I have read various brief defences and think it's time to prepare something and run it by you.

 

Am I right in thinking that:

a) It should not be submitted in advance as then the claimant will see it and have the benefit of adjusting his claim- they cant adjust their claim 

 

b) It should be sent by email direct to the County Court Business Centre as close as possible to the final day - is that because of security, reliability of delivery or some other reason? no you file it via the MCOL website as you did AOS. that's what its there for!

 

At what point does the Witness Statement come into play?

I have read "at the time of disclosure" - is that in court? no. at the disclosers stage after both parties file their direction questionnaire's [N180] and then to court will allocate the claim a time/date [N157] - witness statement inc Exhibits must be exchanged by 14 days prior to the allocated hearing date.

 

After the brief defence you recommend, suggesting there is no contract and therefore no breach has occurred,

does anything further happen before the actual appearance in court? as above.

 

I have taken further steps to get land owner information from the Land Registry office,

but I'm not sure what I can do with that information,

unless I write to them and ask them to confirm they have given VCS the right to make charges.

Would that be a waste of time? - 

 

Thanks once again for all your helpful guidance.

 

what further steps?


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In response to your question, I have a copy of the title deeds showing ownership and also the leases.

No idea what to do with that info though!

 

I should be most grateful if you would review the attached brief draft defence on page 1.

The page 2 thoughts are a work in progress.

 

The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.

 

I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.

 

Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there. 

 

DRAFT DEFENCE

1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July)

2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed.

3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.

 

 

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Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line

 

As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time" 

That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.

 

Others will have better ideas, but lloking decent.


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Thanks for that. I will delete that reference. It looks as though I could still do with a more robust POFA defence in terms of keeper liability, so I will revisit Section 4 asap. Any further ideas on that would be greatly appreciated. Sorry the quote line came up again!!

Quote

 

 

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on point 3 I would be careful mentioning yourself at all, just stick to the POFA bit about VCS not having created a keeper liability unless you are going to deny being the driver at the time.

 

where you say they have failed to respond to a CPR 31.14 you can state that you therefore believe they do not have the necessary contract/permission etc but no need to repeat the fact they didnt respond or waht time they get it as they are not actually obliged to respond ( though it can damage their claimby not doing so), put that in once and when you get to the next point just say

 

ALSO

same goes for the 12+2 days, no need to mention Royal mail as no-one is forced to use the post, they copuld employ a process server so you are adding unnecessary text

 

Just makes it easier to read and get the points across

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Many thanks for those helpful comments. I have done a revised draft - not sure that Point 2 re signage is expressed very well. Still looking for more ammo on POFA Section 4. Does this look a bit tidier? 

DRAFT DEFENCE.docx

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