VCS PCN Claimform -no permit - Boots 39 high street deal kent.

[lookinforinfo]

We advise a simple 3 to 5 line defence on here. If you send off that as it is you reveal too much allowing them to refute and "amend" [cough, cough] what they were going to say. or do. 

Plus walking in expecting a walkover is a dangerous act and even worse is to go in not knowing the Law regarding parking and your case-it can be expensive.

http://parking-prankster.blogspot.com/2017/01/parkingeye-win-and-are-awarded.htm

 

http://parking-prankster.blogspot.com/2016/12/ukpc-v-mccarthy-score-draw-no-penalties.html

both motorists lost but could have won had they been better informed ie they had read other cases and taken along the necessary paperwork. Rather worrying that the Judge decided that as the contract with the landowner was only for 3 months which had expired some time before, it was reasonable to suppose that the contract had been renewed.

So you will be up against the Judge lottery also.

How does the saying go-fail to plan so plan to fail.

[chris0147]

4 hours ago, dx100uk said:

I've removed it now

we don't want that used by CAG users.

its wrong.

 

dx

 

 

What I should use it then as defence?

[FTMDave]

Chris, thanks for your PM, but the site prefers advice to be given on threads, where anyone can access the info. and learn how to stand up to these fleecers.

 

The standard short defence is on any VCS claimform thread.  Have a look at the third page of anniebattlemum's thread, and adapt her defence.

[dx100uk]

41 minutes ago, chris0147 said:

 

What I should use it then as defence?

Told you 4 times now how to find one.

 

But as your last 2 ppc speculative invoice threads..you never seem to listen or follow anyones advice and end up making a right pigs ear of anything.

 

It's not just a case of copy and paste to mcol..you must understand WHY you are putting what you are or are not .

 

Dx

[chris0147]

I am sorry but sometimes I find your posts are very poor so I don't always get it. If you say it again I will take a look.

 

As for 2 ppc speculative invoice threads, I do listen and follow anyones advice as I have ignored and I don't contact them. But this one is a different ppc so I have ignored it and now they are making a claim against me.

 

I need to write a draft for file a defence which I haven't found one yet.

 

I have been searching through the forum and there are too many useless threads with no defence.

[chris0147]

@FTMDaveYou are welcome.

 

I understand that and I respect you. I have been looking through on VCS claimform threads and I couldn't find it. I will take a look on anniebattlemum's thread.

 

When I find her defence, do I need to write it on MS word, then save it as PDF, print it, sign it and date it, scan it and send the court an email?

 

Is that what you are talking about?

 

1)      I believe that, in August 2018, the claimant did not have the necessary contract with the landowner (The West London Property Corporation Ltd.) authorising them to charge on their own behalf, for any overstay in the Berkeley Precinct carpark.

 

2)       I also believe that, at the time, the parking company did not have planning permission from the Sheffield Planning Department under the Town and Country Planning Act 2007, for their signage at the Berkeley Precinct, and it was therefore not possible for VCS to enter into a contract regarding terms and conditions for parking.

 

3)      I was not the driver on the date in question and the claimant failed to meet the conditions required under the Protection of Freedoms Act 2012 for keeper liability. The claimant states that the Defendant was either the registered keeper and/or the driver, but has neither named the driver(s) nor provided any evidence as to who the driver(s) was/were. Since keeper liability does not apply, I submit that I am not therefore liable to any charge.

 

[FTMDave]

Yes, it is.

 

Have a look at the last version she came up with.

 

Adapt it according to your own situation and then post up here what you propose to send, we will be happy to do any tweaking.

 

No need for Word, PDF or scanning, you can send the defence through MCOL.

[dx100uk]

post 64 in anniebattlemum thread

 

but you need to make sure that you have researched what is said in 1 and 2 of that is applicable to you chris

 

point 1 - have you researched who the land owner is? and if VCS does have a contract with them or not?

 

point 2 - that the don't have planning permission for their signs?

 

defence is not due till 3rd march via mcol website ..plenty of time to research those.

dx

 

[FTMDave]

Dx spot on as per usual.

 

Also have a look at post 51 (especially points 1 & 4) at  https://www.consumeractiongroup.co.uk/topic/418499-vcs-pcn-paploc-now-claimform-no-stopping-london-southend-airport/page/3/#comments

 and as Dx says, adapt according to your own situation after doing your research.

[ericsbrother]

can you get back there and take some photographs of

the entrance to the land from the public highway,

whether there are any signs there or not.

Also pictures of any signs there that are different to each other and note where the signs are (draw a plan)

and how big they are

and how many

plus how far off the groud they are.

 

i have seen paring signs 12 feet in the air with tiny print so it can easily be said they arent legible.

 

Often the content of the signage is enough to destroy their claim so words like "permit holders only arent a genuine offer of terms but prohibitive in natue and that make you a trespasser and they can only be sued by the landowner and only for true damages, which wil be zero as you ahvent damaged the tarmac of a car park by just being present

[chris0147]

I have already posted the google map.

There is no signs outside of the land from the public highway.

The signs are only in the private car park and there are only 3 signs at the car park.

[lookinforinfo]

Chris take a look at this defence on page 9 of this thread

VCS ANPR 2015 PCN claimform - Berkeley Centre Sheffield S11 8PN 1 2 3 4 9 

Annie has worked hard to find as much evidence as she can to help her daughter. She has found many reasons for the claim to be rejected, not just one. So even if five or six of them fail there are several more that could convince the Judge to agree that the case has no merit.

Indeed it might not even get as far as Court. VCS might decide to creep off into the night and not pursue the claim or the Court may decide that the case has no merit and throw it out.  That would be a far better outcome than going to Court hoping that you get the right Judge to agree with  only one reason for nonpayment.

 

 

[ericsbrother]

then you need pictures of tyhe entrance that show there are no signs. have you drawn a plan to show all of the pertinent features such as where the signs are, have you measured them, are they illuminated and so forth.

 

Parking co's will send out of date photos, photos of different sites and computer mock ups of signs that never existed to get their way so you have to hit them with a mass of stuff to shwo what is really there.

 

You have to approach this with a different mindset, they have vastly more experiance at telling lies to judges than you do but they way the system works is that they will be believed unless you can show them to be liars and even then they wont be called lairs, just your evidence is preferred to theirs