VCS/BW Legal - writing defence

MadHatter752 · 17 January 2017 at 8:16PM

Thank you everyone... you have given me hope.

After a weekend away where I could forget it all it is down to business now! I'm about to start reading... after I post a new thread about my husband!!

MadHatter752 · 17 January 2017 at 9:53PM

O.k... i'm reading defence posts.

Should I be writing to BW Legal and asking for more information? I notice people have done this for Excel claims i.e. something like the below but changed for the PCN I received..

I write with regards to the above mentioned County Court Claim. Please answer the following questions: -

1. Is EXCEL Parking Services Limited making a claim as an agent of the landowner or is EXCEL Parking Services Limited making the claim as occupier in its own right?
2. Is the action founded on a contractual charge, a breach of a contract or trespass ?
3. I will put Excel to strict proof as the the identity of the driver, at the hearing, since this pre-dates the law for 'keeper liability' (POFA 2012). Since Elliott v Loake is inapplicable and turned on evidence in any case, what evidence does Excel have that proves who was driving that day?
4. Does Excel assert that the signs displayed at the time met the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)
5. Can Excel confirm that it is able and will produce for the court an unredacted copy of its signed contract with the land-owner along with evidence of the design, positioning and content of the signs ?

Does a copy of this go to the Court too? What is BW Legal do not supply this info in 14 days and thus I can't make my defence to the court?

I have never taken pictures of the signs, I am guessing if I do this it may help me? When I have visited the carpark I did not spot the signs so I would assume that the driver did not either. They are high up. Not sure if they are lit or not but will investigate tomorrow.

Also, I have never seen any photographic evidence of the offence, although the original PCN has a "y" in the "Filmed" box so I am assuming this means they have the evidence... should I ask for it?

Another also... sorry as I am reading various threads new questions keep arising.... I never appealed to POPLA, mistakenly, but I am assuming it is definately too late at this stage. Please correct me if I am wrong!!
thanks!
MadHatter752

Coupon-mad · 17 January 2017 at 10:10PM

since this pre-dates the law for 'keeper liability' (POFA 2012).

Remove the above because your 2014 PCN does not pre-date the POFA 2012.

I would also remove this fairly pointless question people keep using in Excel cases, which will not get answered and doesn't assist:

1. Is EXCEL Parking Services Limited making a claim as an agent of the landowner or is EXCEL Parking Services Limited making the claim as occupier in its own right?

and instead ask:

1.In readiness for a complaint to the Solicitors' Regulatory Authority, kindly explain why your letter sent in the first week of January, when the matter was still under the protocols of pre-court discussion, gave me a deadline to respond which stated:

''Failure to contact us by 19 January 2017 may result in us seeking our client's instructions which may result in further legal action and costs being added to your Balance Due".

Yet BW Legal then filed a court claim anyway within days, (over a week before the 19th January) without allowing me that promised time to respond?

Does a copy of this go to the Court too?

Not yet but it will be mentioned in your defence and later, will be evidence to be filed with your Witness Statement (WS) nearer to the time of the hearing at your local court.

What if BW Legal do not supply this info in 14 days and thus I can't make my defence to the court?

Nope, you file a defence anyway, you do not wait for any response.

I have never taken pictures of the signs, I am guessing if I do this it may help me?

Yes, go and take pics in the same light/darkness conditions and include the lack of clear and prominent entrance terms and the view from a car (even better, use a dash-cam like this and you can later submit video evidence at WS time):

https://www.youtube.com/watch?v=MLHoi9Au6pY

Brilliant evidence, that sort of thing. You can mention in your written defence that you will file video evidence at any hearing...blah blah...

MadHatter752 · 19 January 2017 at 6:54PM

Yes, go and take pics in the same light/darkness conditions and include the lack of clear and prominent entrance terms and the view from a car (even better, use a dash-cam like this and you can later submit video evidence at WS time):

I kinda recorded a drive into the car park today.... should i keep the video under wraps or should i post it on a site so you guys can have a look? i also took some pics of the signs.

Also, the letter you've helped me with above Coupon-Mad to BW Legal, I assume I can just email this again?

thank you!!

Coupon-mad · 20 January 2017 at 2:48PM

Yes you can email BW Legal no need to waste a stamp on them!

You can safely show your pics and a link to your video on Youtube.

MadHatter752 · 20 January 2017 at 7:02PM

You can safely show your pics and a link to your video on Youtube.

Thanks Coupon-Mad.

http://smg.photobucket.com/user/rakeybob/library/PCN

https://youtu.be/h0LRswl35x4

Here are the photos/video. Any thoughts?

MadHatter752 · 20 January 2017 at 7:44PM

This is what I am planning to email to BW Legal tomorrow....

Dear Sirs

1.In readiness for a complaint to the Solicitors' Regulatory Authority, kindly explain why your letter sent in the first week of January, when the matter was still under the protocols of pre-court discussion, gave me a deadline to respond which stated:

''Failure to contact us by 19 January 2017 may result in us seeking our client's instructions which may result in further legal action and costs being added to your Balance Due".

Yet BW Legal then filed a court claim anyway within days, (over a week before the 19th January) without allowing me that promised time to respond?

2. Is the action founded on a contractual charge, a breach of a contract or trespass?

3. I will put Vehicle Control Services Limited to strict proof as to the identity of the driver, at the hearing, since this pre-dates the law for 'keeper liability' (POFA 2012). Since Elliott v Loake is inapplicable and turned on evidence in any case, what evidence does VCS have that proves who was driving that day?

4. Does Vehicle Control Services Ltd assert that the signs displayed at the time met the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

5. Can Vehicle Control Services confirm that it is able and will produce for the court an unredacted copy of its signed contract with the land-owner along with evidence of the design, positioning and content of the signs ?

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of BW Legal.

Any last thoughts/amendments?

beamerguy · 20 January 2017 at 8:17PM

MadHatter752 wrote: »

This is what I am planning to email to BW Legal tomorrow....

Dear Sirs

1.In readiness for a complaint to the Solicitors' Regulatory Authority, kindly explain why your letter sent in the first week of January, when the matter was still under the protocols of pre-court discussion, gave me a deadline to respond which stated:

''Failure to contact us by 19 January 2017 may result in us seeking our client's instructions which may result in further legal action and costs being added to your Balance Due".

Yet BW Legal then filed a court claim anyway within days, (over a week before the 19th January) without allowing me that promised time to respond?

2. Is the action founded on a contractual charge, a breach of a contract or trespass?

3. I will put Vehicle Control Services Limited to strict proof as to the identity of the driver, at the hearing, since this pre-dates the law for 'keeper liability' (POFA 2012). Since Elliott v Loake is inapplicable and turned on evidence in any case, what evidence does VCS have that proves who was driving that day?

4. Does Vehicle Control Services Ltd assert that the signs displayed at the time met the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

5. Can Vehicle Control Services confirm that it is able and will produce for the court an unredacted copy of its signed contract with the land-owner along with evidence of the design, positioning and content of the signs ?

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of BW Legal.

Any last thoughts/amendments?

Yes that is good reply but do not expect BWLegal to provide a professional reply.
This is because BWLegal are brain dead and are NOT professional

Let us see

Coupon-mad · 21 January 2017 at 9:36PM

since this pre-dates the law for 'keeper liability' (POFA 2012).

Remove the above, as already mentioned this was in 2014, wasn't it, so the parking event doesn't pre-date the POFA.

And change this to add this suggested wording:

2. Is the action founded on a contractual charge, a breach of a contract or trespass ? If byelaws apply and this is an alleged breach of same, please supply a link to those byelaws to enable me to make an informed decision.

You photos and video are very good - they will be submitted later, with your Witness Statement and evidence.
I assume that the car was driven in the same lighting conditions in 2014, in darkness, so that not only were the terms never seen and there was no 'agreement on the parking charge' (like there was in the Beavis case) but also the bay lines were likely to be unlit too?

Was the car overlapping a bay or parked on an end of a run of bays, or at an unmarked kerb or what?

MadHatter752 · 21 January 2017 at 10:36PM

Thanks!

I will submit to BW Legal tomorrow night or Monday night. Need to get working on my defence!!

As the PCN was issued in october it may have been slightly lighter in the mornings but weather was probably similar!!

it was definitely parked outside of a bay but I am not sure whether it was on a unmarked kerb or not. May well have been but can't say for sure.

VCS/BW Legal - writing defence

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