VCS/BW Legal - writing defence

Coupon-mad · 15 March 2017 at 2:26PM

i.e. whether they are using POFA 2012

VCS never attempted to use the POFA, ever, between Summer 2014 and December 2016. So you KNOW that any NTK issued then said: 'we assume you were the driver' which is a pile of rubbish, as exposed by Lamilad who posts here (and who is Mr Lamoureux in the case transcript), as well as in other VCS cases galore.

How do I relate my WS to my defence? Do I use the defence I submitted as a basis for mentioning points in my WS?

No, it shoudn't really include legal arguments (that is for the skeleton argument if you submit one or take one with you). The WS should be a statement of the facts, such as that the driver didn't see signs (if true), etc., any details that assist your case; when letters were received, the fact you have never received a POFA-complaint NTK capable of holding you liable.

The difference between a WS and a skeleton is covered in post #2 of the NEWBIES thread, with linked examples.

MadHatter752 · 21 March 2017 at 9:35AM

Thanks CM - I had read the Newbies thread but still struggle to get my head around everything!

I sent my DQ off last Tuesday 1st Class - 14th March. Just checked MCOL and it wasn't updated that it was received until 20th March.... my deadline was 17th!! So it looks like i didn't return it in time for the deadline but I left three days! MCOL also says it has been transferred to my local court which is good for me.

Anything I should do regarding the late date?

Thanks
MH752

Lamilad · 21 March 2017 at 10:58AM

MadHatter752 wrote: »

Thanks CM - I had read the Newbies thread but still struggle to get my head around everything!

I sent my DQ off last Tuesday 1st Class - 14th March. Just checked MCOL and it wasn't updated that it was received until 20th March.... my deadline was 17th!! So it looks like i didn't return it in time for the deadline but I left three days! MCOL also says it has been transferred to my local court which is good for me.

Anything I should do regarding the late date?

Thanks
MH752

From what I've read on other posts CCBC don't seem to be too bothered if the DQ arrives a little late. Besides, if you have a receipt for postage then, in law, you document is deemed 'received' 2 days later. If the case has been transferred then everything is progressing as it should

MadHatter752 · 5 April 2017 at 3:25PM

I haven't got round to finishing my witness statement etc yet but I am not going away for a couple of weeks end of April... should I phone the court and advise them as i didnt put it on the DQ as i didnt know at the time!

Coupon-mad · 5 April 2017 at 6:52PM

Nope, no need to tell them about this month because you won't get a hearing date that quickly.

MadHatter752 · 10 May 2017 at 10:32AM

Hello again.

So I have my court hearing date now... 4 July... independence day... ironic

So i have started cracking on with my WS this morning. A lot of the points I have included have raised questions with me so I would be grateful for your comments as ever. My questions are in red!

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and as this event occurred two and a half years ago, it is impossible to expect a keeper to recall who might have been driving.

2. The Claimant has not provided me with any evidence of who was driving, however I have continued to receive unwarranted harassment and baseless litigation has resulted in significant alarm and distress to myself.

3. At the time in 2014, the insurance covered more than one family member, who I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case. i have a copy of my insurance schedule from this time which names the drivers… I do not mind enclosing this as proof… is it worth it or not?

4. With the driver being unidentified, I cannot be held liable as keeper for this event. I attach Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' which apply in this case – Exhibit 1 do I attach the whole report or just the paragraph I refer to?

5. There was no requirement upon me as keeper to respond to these harassing letters and what appeared to be junk mail, in late 2014, and in any event was not a matter where a registered keeper could be in any way legally liable as the law stood at that time. No adverse inference can be drawn from my lawful decision to ignore the colourful letter, impersonating a parking ticket yet with no basis in law. Is this still true, or had the law changed by 2014?

6. The Claimant has not provided any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowner’s behalf. I challenge Vehicle Control Services Limited to provide proof of their authorisation from the landowner and not just self-generated approval.

7. There is no sign at the entrance of the carpark where the event took place which detail the contract you would be entering into by proceeding into the car park as evidenced by Exhibit 2.

8. Any signs within the car park contain illegible small print that could not be seen from a moving vehicle as evidenced by Exhibits *, * & *, one of which is a video from the drivers perspective in a moving car entering this car park.
anyone using my car would have used it early in the morning… the pcn was issued at 11am so should the evidence show lighting as at 11am?

9. I further attached Exhibit * which details a legible sign which was including in the case Parking Eye Limited vs Beavis [2015] UKSC 67, a case which BW Legal themselves brought to my attention. I am sure you can see the contrast between the Parking Eye Limited sign and the Vehicle Control Services Limited signs in operation in the carpark in question.

what is is that the signs need to comply with?

10. I attach Schedule 4 of POFA 2012 - Exhibit **
What else should I say here… for what purpose am I attaching it?

11. Court Transcripts of relevant cases – *** to find **

12. It is apparent from court records reported in the public domain that this Claimant has been obtaining payments from keepers under false pretences - using the court as a cheap form of debt collection from the wrong 'registered keeper' parties - and has obtained default CCJs in the hundreds, despite never complying with the POFA 2012 and even bringing pre-POFA cases to the Courts.

When do I mention Elliot v Loake… they mentioned it in one of their letters… I didn’t mention it in my defence…

Also… does my defence form part of my argument still… i.e does my defence get passed to this court to have on hand for the day?

Can't find any evidence that i sent the planned email in post #28... doh. is this going to matter too much? it is in my drafts still... maybe i got distracted by the stress!

I know there are quite a lot of questions- sorry! I haven't really looked at any of the paperwork for some time so it is now a case of trying to get my head around everything again.
thanks again.
MadHatter752

System · 10 May 2017 at 2:11PM

Byelaws as it was a train station?

Coupon-mad · 10 May 2017 at 9:08PM

The POFA 2012 was enacted in...ermmm...2012! So yes, the law had changed but as IamEmanresu not for land covered by byelaws, such as a train station car park, and you said:

in October 2014 a ticket was put on the car i am the registered keeper of in a free train station car park, informing the driver that they were "parked beyond the bay markings". The PCN was issued by Vehicle Control Services Ltd.

So maybe change point #5 to this:

5. There was no requirement upon me as keeper to respond to these harassing letters and what appeared to be junk mail. In [STRIKE]late 2014, and in[/STRIKE] any event, this was not a matter where a registered keeper could be in any way legally liable [STRIKE]as the law stood at that time.[/STRIKE] because this is not 'relevant land' (under the only lawful route for keeper liability on private land, namely the POFA 2012, Schedule 4). No adverse inference can be drawn from my lawful decision to ignore the colourful letter, impersonating a parking ticket yet with no basis or liability capable of passing to a registered keeper under any applicable [STRIKE]in[/STRIKE] rule of law or statute.

Have a look at this thread, in depth, all of it, and the links:

http://forums.pepipoo.com/index.php?showtopic=109056

I would be adding something near the end, asking the court to strike the claim out because this land is covered by Railway Byelaws concerning (among other rules) the parking of vehicles. That being the case, any parking penalty was a matter only for the Railways/TOC to lay before Magistrates Court within 6 months of the event.

State that VCS as a third party attempting to morph a Byelaws matter into 'breach of contract' have no prospects of success in bringing a statute-barred Railway car park (Byelaws land, under statutory control) claim to small claims court, three years afterwards.

CENTRO (if this is a Centro car park) are on record as stating that they were aware that car parks which fall under Railway Byelaws could not be enforced by a private parking firm like VCS, and could only be a matter for CENTRO within 6 months, via Mag's court only.

MadHatter752 · 11 May 2017 at 3:27PM

Thanks IamEmanresu & CM... I am part way through leading the suggested link and attachments on Pepipoo and will begin amending my witness statement.... any thoughts on my other questions?

as ever, reading more information raises more questions too:-

Should i request confirmation of byelaws of the site in question under the freedom of info act?

do i involve BMPA as in the Pepipoo case at Sandwell & Dudley?

I never did get a response from BW Legal/VCS re my defence?! is this normal, I note the Sandwell & Dudley case (Martha12) a response was given... i have read the pack from court and it seems like they should issue a response within 14 days of the pack date... is that right? i guess the response will give us more to go on.

I notice in some of these cases all correspondence between the defendant and the claimant has been submitted to the court as evidence.... I havent got any of the early letters... I must have thrown them away so i can't check with i was issued with the NTK within the correct time frame... does this damage my case significantly? i suspect not as the issue here seems to be that it's covered by byelaws but i just want to make sure I have covered all bases and, after ignoring everything for a considerable length of time, have not jeopardised my chances.

thanks

MadHatter752 · 19 May 2017 at 7:14PM

VCS/BW Legal have not issued the response to my defence within 14 days as requested by the Judge... should i be making contact with the Court Monday morning to point this out?

VCS/BW Legal - writing defence

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