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VCS/BW Legal - writing defence
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bit confused about the signage now.... I thought there was no entrance signage, or are you saying it was of a size/at a height that the driver didn't see it?Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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Thank you so much... I will incorporate your changes into the updates to the WS I have been doing this morning.
Yes I did email the court... I phoned court this morning to see if the C had lodged anything yet, they said no... I also asked if my email had been picked up and added to the case and they said no... but on the prerecorded court message on the phone it said they can't give details of anything submitted in the last 10 working days (it is exactly 10 working days since I sent it) so I thought I might leave it for a few more days and call again... unless you think there's something else I should be doing?!
Thanks0 -
About the signage... yes there is a sign at the entrance... like the Sandwell and Dudley sign on a previous thread... doesn't mention anything about VCS or parking contract etc and it is one that you can see... just thought I would add it.0
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I also think your byelaws stuff should go at the start as this is your "absolute" defence (the contractual stuff only comes in if the byelaws argument fails).
The way to refer to exhibits is this:
every time you refer to a document you say "Exhibited hereto and marked AB1 [AB being your initials] is [then describe what it is - eg a set of photographs of xxx taken by me on xxxx]."
When you refer to the next document, it's AB2, then AB3 and so on.
Either that, or you do one exhibit (AB1) and you say at the start "with this Statement is a paginated exhibit marked AB1 to which I will refer" and then when you refer to each document you simply say "at page xx [or pages x to y] of AB1 is [description of document]".Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
what does the sign say then? Can you post a link to it? And to the signs inside the site which you are saying are forbidding?Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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https://www.google.co.uk/maps/@52.466031,-1.7542336,3a,43.9y,255.07h,87.54t/data=!3m7!1e1!3m5!1sXbYfjEt00KErfitOXsT5bg!2e0!6s%2F%2Fgeo1.ggpht.com%2Fcbk%3Fpanoid%3DXbYfjEt00KErfitOXsT5bg%26output%3Dthumbnail%26cb_client%3Dmaps_sv.tactile.gps%26thumb%3D2%26w%3D203%26h%3D100%26yaw%3D0.94953996%26pitch%3D0%26thumbfov%3D100!7i13312!8i6656
this is google link showing how the signs are height wise etc
I can't find the Sandwell and Dudley case pics now. I am going to head out and take some now and I'll upload when I'm back.0 -
Here are the pics, but they have changed the sign at the entrance I am sure of it... you can see where they have amended it and stuck a big sticker over it
https://www.dropbox.com/sh/byjjkgna4qg9viv/AAAJMFYEhKj_yAJr22-jdgwEa?dl=0
Edited: I've finally found a pic of Sandwell & Dudley from google, I am sure the sign where the PCN was issued would have been the same as the Sandwell & Dudley one, plus others under the then Centro network I have found on Google but i've got no way of proving that now!0 -
That entrance sign isnt a VCS sign. Presumably it belongs to the TOC or to the council. Can you do some detective work to see when the sign was changed with that sticker? Call the train company first. It's their carpark, they must know.
It would be useful for you to show what the sign actually said at the time.
I apologise if I'm going over old ground. What was the parking contravention you are accused of and what was in your defence?
Also I think check the planning permission point. It's easy - Birmingham cc will have an online planning portal where you can search the address/postcode and it will list all applications and their status. It would be better for you to say there is no permission rather than put them to proof that there is (if you do the latter I'd say that almost certainly the judge won't be interested). If no planning/advertisement consent, make a complaint to the council.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Don't think it's worth arguing that it's forbidding signage. It offers it to rail users but then doesn't prohibit others in its wording. The small print is unreadable. I assume this is the forbidding bit. What does it say?Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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Your winner is the byelaws sign which confirms that byelaws - secondary statutes are in place. Judges (who were lawyers once) will understand there is a hierarchy of laws. Contract (VCS's argument) is at the bottom.
You should also point out that VCS are by far the smallest operator at rail stations. In fact they only operate at CENTRO/WMPE. NCP, APCOA, Indigo all operate but none think they can issue claims. Only the delusional at VCS/BW.
There appears to be some form of alternate reality that VCS are trying to force down people's throats. Others would call it a scam.0
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