VCS Spycar PCN Claimform - no stopping JLA Liverpool Airport

[Doomtrooper]

ok I think I got my answer...

 

[dx100uk]

You dont mediate as you have nothing to meditate over, the claimant is not the party that should be bringing a byelaw infraction claim and not in a civil county court.

 

dont forget 3 copies and dont give the fleecers your email,phone,sig on their copy

 

Dx

[Doomtrooper]

Morning everyone,

1 copy to ELMS , 1 to court and the last one to whom?

[dx100uk]

For your records as proof you sent rhem 

 

Dx

[Doomtrooper]

Good morning everyone,

 

So I got my case has been allocated to small claims court. Hearing is on July. I need to submit my WS before 17/05/2022. Later on I will upload first draft. I was just wondering, when I will receive VCS Witness statement. Do I need to send them my WS as well? 

[FTMDave]

Usually Simple Simon's WSs are sent to the defendant a few days before the deadline.

 

Yes, please upload a first draft of yours when you get time.

 

You will need to send yours both to the court and to Simon.

 

Can you please upload the order you got from the court just to be on the safe side?

[Doomtrooper]

Here is very first WS draft 

Witness Statement - forum.pdf

[FTMDave]

What you've prepared is magnificent - well done.

 

Great detective work to find the BPA logo on Simon's contract!

 

I like the way you have put a line through paragraphs which at the moment aren't relevant, but you haven't chucked them completely, as they may well become relevant when VCS's WS turns up.

 

There is a slight typo in (8.1) where you put in a sub paragraph heading 8.1.1 which isn't needed.

 

As the government's Code of Practice is starting to kick in now I'm wondering if the whole of your (9.12) page should be moved to the start of the ABUSE OF PROCESS section between the current (9) and (9.1).

 

If you agree slightly change the current (9.1) so the legal arguments have a logical flow to

 

Even before publication of the government's Code of Practice, Parliament intended that private parking companies could not invent extra charges.  PoFA Schedule 4, paragraph 4(5) states that “The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper” which in this case is £100.

 

Wherever you put the current (9.12) page, toughen it up.  Put the current (9.12.3) in bold.  That's the bit about made-up charges.

 

Change the current (9.12) to -

 

As part of the provisions of the Parking (Code of Practice) Act 2019, on 07/02/2022 a new Code of Practice was published by the government, designed to prevent these “rogue” traders from "ripping people off" (the minister's words) with extra charges, which have been deemed unfair (https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice) .

 

- as I think it's important to emphasise there is an act of parliament and the government involved, not just an MP.

 

Is it worth a separate section about bye-laws having precedence over the antics of a private parking company?

 

Whatever little tweaks are made or not made you've produced a cracking WS.

[brassnecked]

Absolutely superb, it gives Simon no wriggle room to challenge, with FTMDave's suggestions it should firm it up nicely.

[lookinforinfo]

That is a very comprehensive WS. Well done. But there are items that you can do which may help you further. For instance instead of using 9.2 to point out what you have basically stated in your preamble and 9.1, by exchanging it for the new Private Code of Practice  section 9 below this backs up PoFA  Sch 4 s4[5] to reinforce the will of Parliament. [It also knocks out the possible use by VCS in their WS that some Judges have disagreed about the extra charges being double recovery. ]

9. Escalation of cost

The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.

 

There can be no doubt now that those Judges were wrong [to be fair they are Judges who don't usually adjudicate on parking matters so unaware of the deviousness of many parking operators who the Government have labelled as rogues.] It also means that VCS are well aware that the maximum they can charge is £100 yet they continue to add fictitious unlawful figures to the alleged debt. And they then continue to aver that they are telling the truth while ripping off motorists who do not have access to  the Acts that cover parking.

 

The Codes of Conduct of both BPA and IPC expect that their members comply with all necessary laws relating to the running of their businesses. Yet they frequently  ignore the necessity to provide planning permission for their signs and ANPR cameras. And yet hey know it is necessary since without the permission their signs are not unlawful but illegal. This has been confirmed by the Private Parking Code of Practice February 2022

14 

[g] g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs

Yet still VCS does not have planning permission at the airport. These are the rogues that the new Act is aimed at. The punishment is that they will be banned from accessing the DVLA data. A move long overdue for a company that "loses" so many Witness Statements in an attempt to get Judges to dismiss therefore the Witness Statement of the defendant. It has happened quite frequently in the past few months which if the Witness Statements haven't actually been lost, would represent a serious breach of Court procedures.

 

I would also draw the attention of the Judge to the following part of the new Act

 

F.3 Appeals

In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

g) where the parking operator has breached an obligation in this Code relating to the issue of a notice of parking charge, or such that the driver was unable to adhere to the relevant obligations.

 

If you hammer home those points [and add to them if you wish it may be that VCS will not go ahead with your case.

[Doomtrooper]

Good morning everyone

 

I would really thank you very much for words of appreciation. To be honest I used whole body of @Flamjam Witness Statement, and added some small bits of pieces. I also tried to approach this as best as I can. 

 

@FTMDave I have amended those parts which you mentioned in your last post. Posting soon

@brassnecked Thank you very much

@lookinforinfo Thank you mate. I am trying find the source where you got Section 9 with comments, and with F.3 Section. Is it on gov site?

[FTMDave]

Yes, it's all here  https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

 

[brassnecked]

That part of the Code Of practice should now be the defacto challenge to the Unicorn Food Taxes added, it avoids as LFI indicates any PPC wriggling around a Double Recovery argument.

[FTMDave]

I've just had a quick scroll through the thread and realised we've forgotten about interest.  So after the ABUSE OF PROCESS section.

 

INTEREST

 

10.  The Claimant's invoice was issued in April 2018 and their county court claim in January 2022.  It is unreasonable to delay litigation for nearly four years and claim almost four years' interest. 

[Doomtrooper]

I forgot to ask. Should I include it in my WS, chronological order of events? I mean should I write down - why I stopped? Unfortunately, unconsciously I admitted that I have been driving during that event on my appeal back in 2018. The reason was - car has broken down.

Following @lookinforinfo advice to include Section F.3 Appeals, I would like to emphasise my case. but that would mean simultaneously admitting that I was the driver. 

[FTMDave]

Surely there must be a way round this.  Maybe state "the driver broke down" in the third person. 

 

Without disrupting your excellent WS perhaps put in another small section FRUSTRATION OF CONTRACT, quickly explain the driver broke down, include any proof, and refer to the government's CoP where it states such events should not be pursued.

[lookinforinfo]

if your car had broken down then you can use 

 

F.1 Exempt circumstances

Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as 

 

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. illness or vehicle breakdown;

 

This is backed up to further help you at Liverpool airport

 

 

F.2 “No-stopping” zones

The exemptions listed in F.1 also apply within “no stopping zones’” (i.e. private roads clearly marked with lines and clear, obvious and repeated traffic-facing “no stopping” signs and barriers to deter trespass).

 

So breaking down in a no stopping area is a complete answer for the PCN to be quashed. Of course VCS will argue that these factors have not yet come in to force. Well Judges will see that they will soon be law and the Government have said that some things that can be brought in before the Act becomes final should be brought in straight away.

This below is part of the preamble from the Minister at the beginning of the Act-

 

We recognise that many of these changes – like bringing private parking charges in line with local authority charges – will take time to implement.

The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible. The Code will then come into full force before 2024, when the single appeals service is expected to be in operation.

 

 

 

[Doomtrooper]

Good afternoon everyone

 

I am posting the latest WS draft. One question - my deadline for posting this WS is on 17/05/2022. So when I should post it at the latest? Still havent received VCS WS.

 

Thanks

Witness Statement - forum.pdf

[dx100uk]

1st class is deemed 2 days arrival.

[brassnecked]

But get scan and keep a Free Proof of Posting from the Post office.

[brassnecked]

Then if VCS try the we never got them again Y'r 'onour they are bang to rights stitched up like a kipper.

[FTMDave]

I've just read the lot.  Wonderful work.  Take that Simon!

[brassnecked]

No room to wriggle there for Simon excellent

[FTMDave]

You can e-mail the court theirs at the last moment.  This will give you the best chance to ridicule VCS's should it turn up.

 

As dx says Simon's should go first class on Saturday 14 but if it's slightly late who cares given Simon's shenanigans and after all you are a Litigant in Person and are given some leeway. 

 

Given what happened to Flamjam yesterday and lapwing_larry recently I suggest you add a covering letter to VCS's solicitors:

 

Dear Ed and Steve,

Re: Claim no.XXXXX, your client - Vehicle Control Services Ltd

I am the defendant in this case and enclose my Witness Statement for the forthcoming hearing.

I am well aware that your client, Simple Simon, has recently thought up a new wheeze of pretending to the courts to have not received defendants' Witness Statements.  Kindly note that this letter and proof of posting will be shown to the judge if he tries this on with me.

Kind regards,

Edited May 12, 2022 by FTMDave
Typo

[Doomtrooper]

Good morning everyone,

 

I got question. Still have not received VCS Witness statement. I was wondering - what happens when it wont be delivered on time?

 

Thanks