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By lookinforinfo · Posted
Basically throw everything that you can throw at VCS. Each Judge has differing opinions on what is necessary to prove or disprove any case. We do not know what each one looks for so include every thing that you can. That way you do not miss perhaps the one fault in their challenge that could win the case for you. They are losing many of their airport cases because of the Bye Laws. In their WSs they use cases to show that BYE Laws are not to be treated too seriously. However in the new Private Parking Code of Practice 1 Scope of Practice it states Nothing in this Code of Practice overrules the provisions and enforcement of byelaws where they apply. IE Bye Laws rule-they are not arbitrary. -
looks about fine ....the more you read the stronger we become. just dont forget this is not the only stage you'll go through too. so further upon the whole process is wise too. lets the masters confirm.. well done dx
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you get reading up. use our enhanced google searchbox claimform loan and read a good few 10's of like threads twill be our std no paperwork/holding defence dx
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By Junkie2222 · Posted
Sorry to drive you mad but this is what I'd planned to use as the defence. Is this suitable? Spent the entire night reading and the Poole Thistle overstay post seems to be along the same lines as my issue, so have leaned on that heavily. It's been struggle but I feel what i've read, whilst not all directly relevant, has taken the surprise element away from what will follow. Thanks and have a good weekend. The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The registered Keeper of the motor vehicle (XXXXXXX) is the Defendant. 2. The Defendant denies that they entered into any contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
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