VCS ANPR PCN PAPLOC now claimform - appealed - Berkeley Centre Sheffield *** Claim Dismissed***

[simsplayer96]

Apologies for rushing, this whole thing has really caused me a lot of stress, and i guess I am impatient to resolve it.

 

Here is all the details on the claim form:

 

 

Name of the Claimant : Vehicle Control Services Limited

 

Claimants Solicitors: Elms Legal

 

Date of issue – 3/8/21

 

Date for AOS - 21/8/21

 

Date to submit Defence - 3/8/21

 

What is the claim for – 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The Defendant's vehicle, ******, was identified on in the Berkeley Centre Pay & Display on the ****** in breach of the advertised terms and conditions; namely parked without purchasing a valid Pay & Display ticket for VRM. At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 

 

4.The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

 

5.The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the value of the claim? £245.00

 

 

Amount Claimed £160

court fees £35

legal rep fees £50

Total Amount £245

 

 

Edited August 8, 2021 by dx100uk
formatting

[dx100uk]

the ****** in breach

 

we need this date please..to be able to confirm the claim  is in order..

 

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

.......

 

there are lots of berkeley claimform threads here to read 

use our enhanced google search box 

 

berkeley claimform

 

dx

 

 

[dx100uk]

Ive just read  through the whole thread and i see from day one you made a fatal mistake by replying to them , then almost sent a paploc reply shooting yourself in the foot again. Now you rush again to do something without asking 1st and tick contest jurisdiction.

 

can i politely suggest you dont now do anything without 1st checking here ? As you are entering into very dangerous waters against someone that will exploit you at the drop of a hat. 

 

can you post up the ntk please as we never got to see it? We have you appeal but not the org ntk

 

Thanks

[simsplayer96]

Hi again,

 

Apologies for rushing, I really appreciate the advice so i will slow down from here on out. Am I not right in feeling confident that they cannot win this case however? They have not complied with POFA, and I was not the driver, so how can the court allow them to hold me liable?

 

As for the POC, the date in breach was 06/10/2020.

 

I have attached the original NTK below.

 

Thank you again for all the help!

Scan 1-merged-compressed.pdf

 

Hi,

 

I have prepared a CPR 31:14 request which I have attached if you could check that I am on the right track/if i should include anything else?

 

Also, Does a CPR 31 request need me to pay them for costs?

 

Kind regards

CPR 31 Redacted pdf.pdf

[AndyOrch]

Only if disclosing the requested documents puts them to cost....which invariably never happens.

 

Quote

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

[dx100uk]

just send our template as is no need to change/add anything bar addresses etc

[simsplayer96]

Ok I have changed back to the template, and will post it to Vehicle Control Services Ltd.

 

Will it be ok if i send second class and get a proof of postage certificate?

 

Thank you!

[dx100uk]

yes they don't respond anyway most times.

 

 

[simsplayer96]

Hi everyone,

 

the CPr request has been posted. Should I start preparing my defence now, or is there anything else I should do first?

 

As for defence, is this sufficient? Or should i also include breach of POFA, KADOE, DPA etc...?

 

1.  The Defendant is the registered keeper of *****

2.  The signage is prohibitive in nature and not a genuine offer of a contract for consideration. 

3.  In any case it is denied that the Claimant entered into a contract with the Defendant. 

4.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Thank you!

[dx100uk]

You dont ever miss defence filing date regardless to whatever does or doesn't happen. But dont file early either

 

plenty of Berkeley claimform threads here to see what others have used

well done on your effort above.

 

 

 

 

 

 

[simsplayer96]

Thank you dx,

 

My deadline for submitting defence is 4pm friday the 3/9/21.

 

I will look to file my defence on MCOL a few days before that date.

 

Do you think I should add anything else to the defence?

 

I feel like the basis of my argument is that they haven't complied with POFA, should I include this?

 

Kind regards

[dx100uk]

you don't give the game away no.

 

100's of berkeley threads here to read and you'll understand why.

[FTMDave]

I see you reported a post to tell us you had received a letter from the court.

 

Please let us know here what has arrived and the regulars will help.

[simsplayer96]

Hi again everyone,

 

I have now received another letter from the court which is a notice of allocation to the small claims track (hearing).

 

Please find the copy attached with personal information redacted. 

 

It is asking for me to submit any documents on which I intend to rely on in court, which documents should I send? Or is it likely that VCS will not continue with the claim?

 

Kind regards, and thank you very much in advance!

 

 

Court Notice of allocation.pdf

Edited December 3, 2021 by dx100uk
pdf's merged

[FTMDave]

You do not agree to the claim being dealt with on the papers alone.  Two reasons.

 

Firstly, Simon could tell any old lie and you'd have no way of countering it.

 

Secondly, you cost VCS money.  Although they have a litigation department, their bods never appear in court - which may or may not be connected with VCS's representative being threatened with imprisonment by the judge in a famous case - so have to fork out money for a solicitor to represent them.  Now & again they discontinue a case rather than spending this money. 

[dx100uk]

so witness statement time by 7th jan.

 

ive merged your single pages to one mass PDF

please try to remember to use PDFmerge websites.

 

there are plenty of berkeley  WS's here to base yours on too.

 

get reading up.

 

and return that form refusing papers only case!!

 

dx

 

 

 

^^^ updated

[simsplayer96]

Hi everyone,

 

I have had a busy christmas but have just managed to draft up my witness statement!

 

I need to deliver it by the 7th January so I don't have too much time, but if anyone is free could you have a look at it, and let me know if im on the right track?

 

I just need to include all of the appendix documents but everything else is finished.

 

Please find attached.

 

Kind regards

Copy of WITNESS STATEMENT redacted.pdf

[FTMDave]

At a first glance that looks great work.

 

One slight gripe is that in (4) you mention "the illegality of their claim".  It's not illegal.  Change it to "the unlawfulness of their claim".

 

I'll have a proper read tomorrow.

 

Have VCS sent you their WS?

 

 

[FTMDave]

What you've written is excellent, but if we can fine tune it so much the better.

 

In (22) and (23) you did actually receive these two letters, right?  Just they are not mentioned in your thread.

 

Realistically the judge won't throw out the claim due to the Unicorn Food Tax or a breach of the CoP, so really your only argument is POFA.  It's a very strong argument but if the judge doesn't accept it then you're scuppered.

 

I think it would be better to include other arguments.  The judge only has to agree with one to chuck Simon in the bin.

 

So after (21) stick in another section about Locus Standi, reiterate what you wrote in (5), say that VCS are not the landowner and have no right to bring the claim.

 

Immediately after put in another part about planning permission, reiterate (5) and state you do not believe VCS have PP which is a criminal offence and means a contract couldn't be formed.

 

I would put the stuff about the Unicorn Food Tax at the end.  So the order would be

   current 1-21

   locus standi

   planning permission

   current 30-34

   current 22-29

   current 35-end.

 

You haven't told us if you've received VCS's WS yet?

[brassnecked]

Looks coherent using FTM Daves suggestions  but a sight of VCS WS would be very useful for any tweaking.

[simsplayer96]

Hi FTMDave, 

 

Thank you so much for looking at it for me!

 

I did indeed receive both of those letters, and I will include them in the appendix of the WS.

 

I have tweeked my WS and added another section as you suggested, please find attached.

 

I have not yet received anything from VCS.

 

Kind regards

 

 

Copy of WITNESS STATEMENT redacted (1).pdf

[brassnecked]

When does Your WS need to be in?  Simon might try to leave theirs until last minute.

[simsplayer96]

needs to be delivered by the 7th January, so thinking of posting it second class signed for, on the 4th Jan.

[FTMDave]

The revised WS looks damn good to me.

 

Hang on till as late as possible to try to get sight of Simon's.

[brassnecked]

Yes always suspicious when Simon doesn't pass on WS until last possible minute, Of course if you don't have it by the submission deadline you can go to the court and tell them so.