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VCS Parking - CCCF Letter Received - Defence helped needed
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I would say that a formal letter, snail-mailed to them (with free certificate of posting from your Post Office counter) is the way to serve something relating to their litigation. Emails have far less 'weight' in my view when it comes to the serious end of things.
You could also send them the same by email, annotating that it is a copy of your formal letter (for which you have proof of posting) posted on xxxxx (date).
You've covered all your bases them.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
I have a very strong case backed up by statute law, you have a very weak case that will certainly fail as is the case on almost every occasion against a well-prepared defendant. I will be seeking costs for my ordinary expenses as well additional costs for your unreasonable behaviour under CPR 27.14(g). Unlike your company - who is well known as a serial litigant and issuer of 'roboclaims' - I prefer not to waste the courts time with this pointless exercise.
Ok I wasn't suggesting you use those actual words, i was just giving you an idea of what to say. Go with...
"You will note from my defence as already filed with the court that I have a strong case which will be backed up by statute law and numerous persuasive case references. Your claim is utterly without merit, does not comply with the Civil Procedure Rules and fails to establish any cause of action.
As you will be all too aware claims taken to court by VCS and their parent company Excel Parking Services Ltd almost always fail when faced with a well prepared defendant especially when there is no proof of driver - as in this case.
I will be seeking costs for my ordinary expenses as well additional costs for your unreasonable behaviour under CPR 27.14(g). Unlike your company - who is well known as a serial litigant and issuer of 'roboclaims' - I prefer not to waste the courts time with this pointless exercise.........0 -
Ok I wasn't suggesting you use those actual words, i was just giving you an idea of what to say. Go with...
"You will note from my defence as already filed with the court that I have a strong case which will be backed up by statute law and numerous persuasive case references. Your claim is utterly without merit, does not comply with the Civil Procedure Rules and fails to establish any cause of action.
As you will be all too aware claims taken to court by VCS and their parent company Excel Parking Services Ltd almost always fail when faced with a well prepared defendant especially when there is no proof of driver - as in this case.
I will be seeking costs for my ordinary expenses as well additional costs for your unreasonable behaviour under CPR 27.14(g). Unlike your company - who is well known as a serial litigant and issuer of 'roboclaims' - I prefer not to waste the courts time with this pointless exercise.........
Great stuff, thank you. Amended below and will send via letter & e-mail tomorrow unless there's any further recommendations?
Is it worth expanding on my defence in the letter slightly? You only mention statute law & persuasive case references in the draft, and whilst that will be an element of my defence, I have strong, photographuc evidence available, such as VCS breaching their own terms by not placing signage on the entrance road/only sign being partially concealed, previous muted responses to my successful appeals etc.
Whilst I would no doubt win using just statute law & case references, should I not also remind them in this e-mail that I have additional, solid evidence which makes their case redundant?Without Prejudice Save As To Costs
Dear Sir,
I am writing in regard of claim:#
You will note from my defence as already filed with the court that I have a strong case which will be backed up by statute law and numerous persuasive case references. Your claim is utterly without merit, does not comply with the Civil Procedure Rules and fails to establish any cause of action.
As you will be all too aware claims taken to court by VCS and their parent company Excel Parking Services Ltd almost always fail when faced with a well prepared defendant especially when there is no proof of driver - as in this case.
I will be seeking costs for my ordinary expenses as well additional costs for your unreasonable behaviour under CPR 27.14(g). Unlike your company - who is well known as a serial litigant and issuer of 'roboclaims' - I prefer not to waste the courts time with this pointless exercise
The Defendant believes the claimant's claim is without merit. The defendant will claim his costs of any successfully defended proceedings to include the cost of and occasioned by court hearings.
Nevertheless, with a view to saving costs and avoiding protracted litigation, the defendant will accept a drop hands settlement. If accepted each party will discontinue these proceedings and bear their own costs.
This offer has settlement value to the Claimant, with the opportunity to avoid both an adverse judgment and costs order.
I look forward to hearing from you within 14 days of the date of this e-mail.
Saarchy0 -
definitely not! You can add that your case will also be supported with photographs but don't go into detailIs it worth expanding on my defence in the letter slightly?0 -
+1 with lamilad. There's a time and a plan ê for that.
This is also supposed to be a commercial settlement offer not a quasi-defence. Keep it clear and simple.0 -
Few updates on this one.
The 'drop hands' offer was rejected outright within the allocated time frame. I haven't responded as of yet.
Secondly, the court documents came through and the date is set as the 30th August. I'll be posting the relevant bits (witness statement etc) here for guidance prior to submitting before the 2nd August.
However, I've just seen the below e-mail, which was sent by the Facilities Manager of my company to the entire office today.I have spoken with the Highways agency and the Globe business park team regarding the road along Lunar House, they confirm that it is Public land so there should not be a ticketing company enforcing restrictions.
Highways agency are going to look into this and will get the signs removed ASAP. For those of you that have received a ticket you can appeal this or ignore.
Please continue to park along Lunar House as you were.
May be worth pointing out that parking restrictions come into play as the road changes from tarmac to block paving, so please do not park there.
This e-mail contained a highlighted map which I've uploaded to the same gallery as before - http://imgur.com/gallery/FQ8n0. I've also uploaded 4 more pictures from google maps for additional clarity.
What's the best way to find out which roads are private & public in this area?
I'm going with a layered defence and my first argument is that, at no point, was my car parked on private land. As such, i need to find the clear delineation between where the public road ends and the private road starts.
From the e-mail, it says parking restrictions come into play when the tarmac changes to block paving. However, the road in question is all cement and the only block paving is the clearly outlined parking spaces. The block paving doesn't start on the actual road until about 200m into the 'no parking' area on the map. This can be seen in the final picture of the gallery.
If, as I suspect, this whole road is public and only becomes private when it changes to block paving, then VCS seemingly have no case against me...0 -
What's the best way to find out which roads are private & public in this area?
I'm going with a layered defence and my first argument is that, at no point, was my car parked on private land. As such, i need to find the clear delineation between where the public road ends and the private road starts.
From the e-mail, it says parking restrictions come into play when the tarmac changes to block paving. However, the road in question is all cement and the only block paving is the clearly outlined parking spaces. The block paving doesn't start on the actual road until about 200m into the 'no parking' area on the map. This can be seen in the final picture of the gallery.
If, as I suspect, this whole road is public and only becomes private when it changes to block paving, then VCS seemingly have no case against me...
see post #20 -
see post #2
Are you referring toYou need to check with land registry who owns road and exactly where the boundaries are. Any entry signs to estate re-parking?
If so, it's not immediately clear how to search for road ownership rather than land/building ownership. I need to know the boundaries specific to the business park, but can seemingly only use land registry to search for who currently tenants what office...
What am I missing?0 -
in that case check with the council
but also bear in mind that VCS were employed for some private land , so that private land must have a landowner and boundaries and those will be lodged with the Land Registry0 -
in that case check with the council
but also bear in mind that VCS were employed for some private land , so that private land must have a landowner and boundaries and those will be lodged with the Land Registry
I've checked High Wycombe council for any planning permissions which can illustrate this, but so far have found nothing which outlines public road vs private road. This is going back as far 2002.
If you check the map I posted, you can see the green parking area extends into the business park and then switches to private road. I would guess that Land Registry might have the right document, but it's hard to know for sure without paying to see. Hence why I'm checking here first.
If I search the postcode, it shows the individual tenants of the 10 or so offices, rather than being able to see the Globeside Business Park's documentation. Indeed, all I can then see are title deeds or flood/fire risk documents.
I'm looking for something quite specific (road ownership in a business park) and neither site is hugely clear on how to do so... Can you shed some light please?0
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