VCS ANPR PCN Claimform - overstay - St Marys Gate Retail Park sheffield

[andythepandy93]

Okay cool, letter it is for sure.

Here is my draft of the letter, there are questions marked in orange which would be great if you can advise on... sorry for the noob questions!

 

many thanks

Untitled document (1).pdf

[dx100uk]

don't adapt it

the claim number etc is all on the N1 front page 

[andythepandy93]

Adapt it? I've changed formatting (added new lines etc) but I haven't changed the content I don't think? Please advise if I have inadvertently adapted it

 

I can see the claim number (do I use this as the 'case no'?), but I can't see the name of the court. The details on the form say:

 

Court Address:

1999

Money Claims Online

County Court Business Centre

St Katharine's House

21-27 St Katharine's Street

NN1 2LH

 

Is the claimant Jake Burgess or VCS? As in, should I be putting Jake Burgess or VCS where the template says 'claimant'?

Do I assume the solicitor is BW Legal as I had letters from them in the past? Or not put anything where it says "[insert Solicitors Name}"?

 

Do I leave the following line exactly as is? It looks like you want me to choose one of the options in the square brackets, but I'm not sure which.

 

Quote

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

thanks

[dx100uk]

never had anyone have problems

its a very simple letter

the court is northants bulk

 

the cpr goes to VCS

 

end of!

stop complicating things.

 

just sent it as is to vcs

 

 

[andythepandy93]

Sorry.

I was not wanting to complicate, just to understand what I'm writing and to make sure it's correct. I didn't want to leave things in that you shouldn't be there, but maybe those things are meant to be left and are more legal wordings that I don't understand.

 

Please understand this is not an everyday situation for me, and things are more scary and much less clear to me as maybe they as they are to others more versed in these things.

 

thanks again for all your help, I shall send the letter off with some of the answers guessed

[dx100uk]

its not scary.

and you've been here since 2016

you should be understanding by now CAG is self help too.

 

if you browse a few other PCN claimform threads

you'll see they don't reply to CPR anyway. so you could send them a blank page wont make any diff.

 

 

 

[andythepandy93]

Fair enough

 

May I then ask what is the point of the CPR request? Is the hope that they won't comply with the request within in the timeframe and then that reflects badly on them? 

[FTMDave]

That's about right.

 

It'll be much harder for them to show in court they have locus standi, and planning permission, if they've been asked to produce  this documentation and have refused.

Edited July 14, 2019 by FTMDave

[andythepandy93]

Cool, thanks

[andythepandy93]

CPR letter is off in the post

[Browntrout]

There is absolutely no reason why you cannot give them an email address

 

I use [email protected] with a copy in the post.   A claimant  having your email address will have no adverse affect what so ever.

[Browntrout]

Planning permission has no effect on these cases and is a red herring,

[honeybee13]

I'm not sure if ericsbrother would agree with that.

 

Do you have experience of private parking cases, browntrout?

 

HB

[Browntrout]

HB yes I do. 

There is more than one way to skin a cat.

[andythepandy93]

So what should my next steps be?

 

Presumably the the two appeals that I made (one to VCS and one to IAS) are admission that I was the driver? In which case I guess the whole "they can't prove driver/owner status" argument won't work

If the planning permission has no effect, then what would my defence look like if it does make it into court?

 

Cheers,

Andy

[Gick]

AndythePandy93 I suggest that you ignore anything that Browntrout posts, obviously a PPC troll.

 

Follow the advice of regulars such as ericsbrother, renegade, brassnecked ,et al and site team members. They, ericsbrotrher in particular,  have experience over many years and track records of helping deal with the dishonest PPC's

[honeybee13]

Andy, whether you've admitted being the driver depends on how you worded your appeals.

 

What did you say?

 

HB

[andythepandy93]

I wrote the below, probably fairly damning, statement below - this is before I had done any research into the matter, I naively thought that they would listen to reason, and that they would be at least vaguely controlled by the store they were servicing (Staples)

 

Quote

I would like to officially appeal the Parking Charge Notice given in the subject, and state that I shall not be paying any of the charges stated. 

 

I was parked in the Staples Sheffield car park whilst I was in the store. I was returning a faulty item that I had previously purchased and because of this it took a long time to sort everything out. On top of this I had a browse meaning I was in the store for over the very poorly signed 1 hour maximum.

 

I have been in contact with the store and they have reviewed their CCTV and can confirm I was in the store for the entire time I was parked. I attach a message from the general manager below to confirm this, and you can get in touch with them yourself if you require, his email address is included.

 

Due to the fact I was in the store the entire time I was parked in the store car park, I refuse to pay any charges on the grounds of those charges being unfair. I spent a large amount of money in the store that day meaning they didn't loose out on money from me being parked there.

 

[honeybee13]

Mmm, that makes it trickier. If you'd asked us people would have to said mention 'the driver'.

 

But I expect EB and the guys will come up with some other ideas like planning permission if they can help your case. Please bear with us until they can get here and please don't email anything unless one of the regulars thinks it's a good idea.

 

HB

[andythepandy93]

Certainly, if only I could rewrite that email with the benefit of hindsight.

Indeed, I'm holding fire until one of you lot gives it a green light!

 

Thanks for your help

Andy

[Browntrout]

32 minutes ago, Gick said:

AndythePandy93 I suggest that you ignore anything that Browntrout posts, obviously a PPC troll.

 

Follow the advice of regulars such as ericsbrother, renegade, brassnecked ,et al and site team members. They, ericsbrotrher in particular,  have experience over many years and track records of helping deal with the dishonest PPC's

 

Thanks for that reply.  I to have many years of beating parking companies.  I deal with a lot of litigation involving PPCS.

 

For example with Devere Parking Services who only like to appear in court in their local area did you know if you move court many miles away (by the use of another *address for service* when doing the AOS/Defence) Devere Parking will drop the case as they dont travel out of area and they dont use solicitors (unlike many other firms)

 

VCS/Excel parking accept service of documents at that email address, its very common , there is nothing untoward about that and just because i am a new user on here does not make me a troll.    How many of the people mentioned above have done county court cases (as in lay rep)

 

Secondly with regards to the planning permission angle which is a red herring, please find me CASE LAW which says this is a valid argument

 

Finally as you have advised being the driver they can chase you as such therefore you have no protection against the £60 add on a registered keeper would do (seen as an abuse of process with regards to Parking Eye Vs Beavis)

 

Now none of the above makes me a PPC troll, i just dont agree with everything said by some of those posters.  

Edited July 19, 2019 by Browntrout

[dx100uk]

green light to do what? ..ATP93

you've done AOS/CPR.

next is your simply 2 or 3 line defence which is not due till day 33 from the date on the claimform.

 

the reason why we always say never use or give an email AD is that to my memory, the fleecers or their dogs, have twice now filed important docs at a 1 min to midnight cutoff that could not be countered by the claimant in court as they'd already filed their response. both were fatal and the defendants lost.

 

yes more experienced people can deal with this in court but not newbies that come here.

 

can we concentrate on helping ATP93, please.... whom is already batting from sticky wicket and not at all confident nor familiar with what to do and whow to do it.

 

dx

[Browntrout]

I dont disagree however as this is the small claims track there is a big leancy towards filling of documents unlike when dealing with cases on the multi track.  

I agree the defendant having admitted to being the driver has a difficult defence ahead of them

[dx100uk]

but if the defendant has already filed their WS say..they cant counter it, 

please think when you give advice that in the main, you are dealing with newbies that have never argued in court before let alone BEEN in a courtroom!!

 

thankyou.

[ericsbrother]

to add to this thread as to why we say dont give the claimant an email address it is because companies like Gladstones the use that to send Ws's, extra paperwork and so forth to that email at gone midnight after the date it was due to be with the court/defendant by 4pm or even in the early hours of the date of a hearing and then claim that it was served in plenty of time.

 

They also use email to harass the defendant both personally and by giving the email address to third parties.

 

If they only have the service address to go by them everything has to be properly in writing and delivered on time

 

With an honest claimant this wouldnt be an issue and would spped things up enormously but parking co's and their pet solicitors are not honest brokers.