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    • saarchy
    • By saarchy 22nd Feb 17, 7:49 PM
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    saarchy
    VCS Parking - CCCF Letter Received - Defence helped needed
    • #1
    • 22nd Feb 17, 7:49 PM
    VCS Parking - CCCF Letter Received - Defence helped needed 22nd Feb 17 at 7:49 PM
    Hi guys,

    Long time lurker on MSE, finally signed up as have a few questions specific to my ongoing dispute with VCS. Hoping one of you might be kind enough to assist please!

    I worked for a company for 5 years with poor parking facilities. I used to park on a nearby road in the same industrial estate, but after it became popular, VCS moved in. They only signposted half the road (only the parking bays) and would regularly ticket every car on the road, on both sides as well. After my first few tickets, I came here and read through the newbie forums. I found the template, fired that out to VCS and both of my parking tickets were cancelled. Excellent work MSE! I still collected tickets though for parking there (often dubiously) but instead of continuing to challenge them (as I had done the previously) I started ignoring them.

    I've just had a CCCF issued to me on the 15th Feb from the CCBC for a grand total of £880. As per the newbie thread, I've submitted my AOS and now have plenty of time to prepare my defence. I've read though a few cases on here (as well as the excellent guidance on irrelevant defences) but hoped to get a few questions specific to my case answered if possible?

    I'm happy to provide whatever documents/pictures you guys feel will aid in preparing a defence, so please ask!

    Few initial questions though;

    1) Given I've had 2 previous 'invoices' cancelled by using the MSE template, should that become the leading light in my defence?

    2) VCS often ticketed cars on the road opposite to where they had put sign posts. Moreover, the signs were placed next to booths (which I never parked in) and tickets were handed to anybody that parked nearby. I can provide a picture or use Google Maps to show what I mean if easier?

    3) I'm starting to prepare my defence now given the AOS has been submitted. Any suggestions on what previous posts might be decent to read? Or any further details you would like me to provide?

    As always, massive thanks for whatever help comes my way! Apologies for brevity, happy to expand on any areas that are unclear
    Last edited by saarchy; 14-03-2017 at 6:56 PM.
Page 1
    • Guys Dad
    • By Guys Dad 22nd Feb 17, 8:47 PM
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    Guys Dad
    • #2
    • 22nd Feb 17, 8:47 PM
    • #2
    • 22nd Feb 17, 8:47 PM

    1) Given I've had 2 previous 'invoices' cancelled by using the MSE template, should that become the leading light in my defence? No. They offered you goodwill and you abused it

    2) VCS often ticketed cars on the road opposite to where they had put sign posts. Moreover, the signs were placed next to booths (which I never parked in) and tickets were handed to anybody that parked nearby. I can provide a picture or use Google Maps to show what I mean if easier? Absolutely needed.

    3) I'm starting to prepare my defence now given the AOS has been submitted. Any suggestions on what previous posts might be decent to read? Or any further details you would like me to provide?

    As always, massive thanks for whatever help comes my way! Apologies for brevity, happy to expand on any areas that are unclear
    Originally posted by saarchy
    You need to check with land registry who owns road and exactly where the boundaries are. Any entry signs to estate re-parking?
    • saarchy
    • By saarchy 22nd Feb 17, 9:02 PM
    • 20 Posts
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    saarchy
    • #3
    • 22nd Feb 17, 9:02 PM
    • #3
    • 22nd Feb 17, 9:02 PM
    I can check formally, but pretty sure the industrial estate is privately owned by the same company who builds/lets the offices on it. My company had a longstanding issue with the landlords on parking, and it's most likely why a private parking company was brought in.

    They only put parking signs up on one side of the road where the booths were, but I never parked there. I parked further along the road or on the other side (both had yellow lines recently painted by the landlord I believe) but never obstructing a space or entry etc. Long story short, the parking tickets were dubious at best and caused all sorts of frustration/amusement in our 500+ employee office.

    I can post pictures of the road if that might help advice given, or google maps is pretty accurate (ironically showing cars parked as mine often was, sans ticket!)

    Thanks for the quick response as well!

    E: Sorting a clear picture of the road now. Apologies, missed that part of your response
    Last edited by saarchy; 22-02-2017 at 9:11 PM.
    • saarchy
    • By saarchy 22nd Feb 17, 9:19 PM
    • 20 Posts
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    saarchy
    • #4
    • 22nd Feb 17, 9:19 PM
    • #4
    • 22nd Feb 17, 9:19 PM
    Hopefully Imgur links are acceptable here.

    http:// imgur.com/gallery/FQ8n0

    This is just a google maps shot of the road (white block is name removed). The left red box is the parking sign next to the parking booths (which are always empty as the office they are for is currently not let) and the right hand red box is where I would often park and still get a ticket. Sometimes my car would back onto the yellow lines, but never enough to block the entrance to the next office (which was empty & unused).

    You can see on the picture people parking where I also parked, alongside the bays. On busy days at the office, cars would often back up 7/8 deep behind each other alongside the booths (but never parked in them). On busy days like this I would park elsewhere, but would sometimes park just in front of where the white jeep is on the left hand side.

    Does this help? I no longer work for the company, but have a friend who will be taking better pictures tomorrow for me to aid my defence. Can post those, including close up of the parking sign).
    • Coupon-mad
    • By Coupon-mad 22nd Feb 17, 9:48 PM
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    Coupon-mad
    • #5
    • 22nd Feb 17, 9:48 PM
    • #5
    • 22nd Feb 17, 9:48 PM
    http://imgur.com/gallery/FQ8n0

    I've just had a CCCF issued to me on the 15th Feb from the CCBC for a grand total of £880. As per the newbie thread, I've submitted my AOS and now have plenty of time to prepare my defence. I've read though a few cases on here (as well as the excellent guidance on irrelevant defences).
    Good! All on course then, let's see the draft defence before it is submitted.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • saarchy
    • By saarchy 6th Mar 17, 4:04 PM
    • 20 Posts
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    saarchy
    • #6
    • 6th Mar 17, 4:04 PM
    • #6
    • 6th Mar 17, 4:04 PM
    Apologies for the delayed response, moving house has eaten up most of my time. My defence needs to be submitted by the 20th March, so a bit more time to prepare.

    I've got a couple of queries regarding my defence. I've updated the gallery linked above with additional pictures taken a few days ago....

    Insufficient Signage - As per the gallery, you can see the only visible sign (pic A) is hidden behind an overgrown hedgerow (pic B & pic D). The sign displayed in pic C has been removed/vandalized. On this point, what is the general consensus on vandalized signs? This has been an ongoing issue with the signage on the road and I'm wondering whether that hinders my defence or not? At no point was I, or anyone I know, involved in this but is this something the judge/prosecution might use against me? As I no longer live in the area, these pictures were supplied by an old work employee. Would I need to provide his details as a witness?

    The only visible sign is on the north side of the road (Pic D) and next to the clearly indicated parking bays (at which no point were parked in). All tickets issued were for parking alongside the bays or on the other side of the road (Pic E is the best to use here, parking where the black Mercedes is or the grey mini). In front of both cars is fine to park and the double yellow lines stop around there (pic C). Is it worth raising the point that, not only is signage insufficient and poorly displayed but that tickets were issued in areas where there is clearly no private parking rules in place?

    My defence rests on there being insufficient signage and seemingly applicable to the parking bays. As no tickets were issued for parking in the bays, I feel this is a strong point to raise. Also worth questioning - The parking bays are assigned to the office building next to the road. That building has remained vacant for the last 5 years and as such, the parking bays are unused. Even though nobody parks in the bays, is it worth raising the vacant bays to highlight that at no point was my car parked in a position which might block another car in?

    I have received the particulars of claim from VCS advising that 8 tickets were issued between the 23/10/2015 to 26/9/2016. Is it worth sharing this letter with you guys as well?

    The business park is owned by a single landholder who has engaged VCS to conduct private parking on the industrial estate. The road in question is a private road and part of the business park. As the business park owner is the one who engaged VCS, I presume there's no point raising this to him as a complaint?

    Finally, I raised the point above that my first 2 tickets from VCS were successfully challenged (using the MSE template). The response letter I received from VCS was a short acknowledgment that the ticket was being cancelled and at no point, addressing the issues that I'd raised in my challenge. Guys Dad comment above says I shouldn't raise this as it's seen as goodwill by VCS rather than acknowledgment that tickets were/are being issued incorrectly. I don't understand this and don't understand how a judge wouldn't see this as an indication that VCS has been ticketing illegally. Can someone please advise on this in more detail?

    I believe the next step is to draft my defence (and share here beforehand) before I send it directly to the court. Would anybody have any guidance on where to start with preparing the defence? I know the advice is burn the midnight oil and read threads, but I'm wondering if anyones knows a similiar case that I could plagiarize to save time? Moving house/jobs is really limiting my time to commit to this.

    As always, massive thanks for any help received.
    • Coupon-mad
    • By Coupon-mad 6th Mar 17, 11:22 PM
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    Coupon-mad
    • #7
    • 6th Mar 17, 11:22 PM
    • #7
    • 6th Mar 17, 11:22 PM
    Insufficient Signage - As per the gallery, you can see the only visible sign (pic A) is hidden behind an overgrown hedgerow (pic B & pic D). The sign displayed in pic C has been removed/vandalized. On this point, what is the general consensus on vandalized signs? This has been an ongoing issue with the signage on the road and I'm wondering whether that hinders my defence or not? At no point was I, or anyone I know, involved in this but is this something the judge/prosecution might use against me? As I no longer live in the area, these pictures were supplied by an old work employee. Would I need to provide his details as a witness?
    All of the above is in your favour, use it all.

    There is no 'prosecution'!! It's a civil matter, a bit like Judge Rinder on TV without the quips, it's a disputed case: ''he said she said'' (that's it really) and one side wins, usually the one with the more convincing argument, if the Judge is fair.

    No, you do not have to say who took the photos in your evidence.

    In front of both cars is fine to park and the double yellow lines stop around there (pic C). Is it worth raising the point that, not only is signage insufficient and poorly displayed but that tickets were issued in areas where there is clearly no private parking rules in place?
    Certainly. You would be a fool to miss out such stuff!

    The parking bays are assigned to the office building next to the road. That building has remained vacant for the last 5 years and as such, the parking bays are unused. Even though nobody parks in the bays, is it worth raising the vacant bays to highlight that at no point was my car parked in a position which might block another car in?
    It's not a major point but include it lower down in a defence, because some Judges might judge you otherwise, thinking you are a rogue parker and this shows you were not.

    It is too late to complain to the business park owner once it is at court stage. Defence is the way forward.

    I raised the point above that my first 2 tickets from VCS were successfully challenged (using the MSE template). The response letter I received from VCS was a short acknowledgment that the ticket was being cancelled and at no point, addressing the issues that I'd raised in my challenge. Guys Dad comment above says I shouldn't raise this as it's seen as goodwill by VCS rather than acknowledgment that tickets were/are being issued incorrectly. I don't understand this and don't understand how a judge wouldn't see this as an indication that VCS has been ticketing illegally. Can someone please advise on this in more detail?
    I agree with Guys Dad. They cancelled them at the time because they wanted to find weaker victims, people not on a forum who would pay them without any work having to be done. They will say it was a 'goodwill gesture' and it all makes them look better in front of a Judge. Doesn't help your argument one iota so do not even draw attention to any 'goodwill gesture'. Of course it doesn't suggest they were issued illegally (they weren't).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • saarchy
    • By saarchy 7th Mar 17, 4:12 PM
    • 20 Posts
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    saarchy
    • #8
    • 7th Mar 17, 4:12 PM
    • #8
    • 7th Mar 17, 4:12 PM
    I agree with Guys Dad. They cancelled them at the time because they wanted to find weaker victims, people not on a forum who would pay them without any work having to be done. They will say it was a 'goodwill gesture' and it all makes them look better in front of a Judge. Doesn't help your argument one iota so do not even draw attention to any 'goodwill gesture'. Of course it doesn't suggest they were issued illegally (they weren't).
    Originally posted by Coupon-mad
    Thanks for the response.

    Just a final query on not mentioning the waived tickets - If my main defence is that the signs were inadequate, would there not be a fair point from the opposition that, given a total of 10 tickets were issued over a year period, not seeing the signs is negligible?

    If that does happen, what is my response?
    • Coupon-mad
    • By Coupon-mad 7th Mar 17, 4:22 PM
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    Coupon-mad
    • #9
    • 7th Mar 17, 4:22 PM
    • #9
    • 7th Mar 17, 4:22 PM
    Nope you could say it proves the signs were inadequate and scarcely placed if you and other workers continued to park there oblivious, and it was their burden to ensure the parking charge and terms were in large lettering like in the Beavis case. They failed and the PCNs prove it - you could also suggest that more than one driver parked the car, if true, so there can be no assumption this was the keeper every time.

    You know that submitting this defence is not the only stage before the hearing? Read bargepole's threads as linked in post #2 of the NEWBIES thread, all about small claim stage and how to submit & set out a defence/what to do when; including the vital 'witness statement and evidence' before the hearing, etc.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Lamilad
    • By Lamilad 7th Mar 17, 4:29 PM
    • 571 Posts
    • 1,177 Thanks
    Lamilad
    given a total of 10 tickets were issued over a year period, not seeing the signs is negligible?

    If that does happen, what is my response?
    Originally posted by saarchy
    The claimant has to convince the judge that the signs in place were ample and prominent enough to form a contract. If they weren't then your job is to convince the judge otherwise.

    Excel vs Cutts, and Vine vs Waltham Forest are two cases that will help you (I'm sure there are many others) . Vine is binding case law from the court of appeal.

    Photos of where the signs were compared to where you were parked may also help.
    • saarchy
    • By saarchy 9th Mar 17, 9:30 PM
    • 20 Posts
    • 12 Thanks
    saarchy
    I've taken a crack at writing my defence (see below). For the most part, I've written this myself and only used the guidelines for constructing your defence rather than plagiarizing someone elses. This is predominately because I could not find a defence that was similiar but mostly because I don't fully understand the legal jargon used within and do not want to copy a point only to have it used incorrectly in my defence.

    Could you please have a read of the below and let me know what amendments need to be made? This is just a first draft, so brutally honest feedback please. Also, if there's historic cases/legal points that would be worth tacking on, please do let me know.

    I've read the newbie FAQ and have a reasonable understanding of how to format the defence letter and the stages that follow.. However, I was wondering if it would be okay to submit this via e-mail rather than letter to the CCBC in Northampton. Is there any pressing reason to send via letter rather than e-mail?

    Finally, I have a number of photos etc, but am I right in thinking those are submitted at the next stage (witness statement).

    First draft below

    In the County Court Business Centre
    Statement of Defence
    Claim Number: D0QZ924M
    Between
    Saarchy (Defendant)
    and
    Vehicle Control Services Ltd (Claimant)
    I am Saarchy defendant in this matter and deny liability for the entirety of the claim;
    On February 15th, I received a CCCF from Vehicle Control Services Ltd with regards to the pursuance of monetary compensation for 8 parking charge notices (PCN) issued between 23/10/2015 and 29/6/2016.
    I deny this claim for the following reasons;
    1) Insufficient signage on Fieldhouse Lane – All PCN in question were issued for parking on Fieldhouse Lane. At the time of writing, only 1 parking sign is currently erected on Fieldhouse Way. This is in direct conflict with Vehicle Control Services Ltd agreement with the Landholder to erect signs (plural) as stated in their Particulars of Claim (dated 22 February 2017)

    2) Signage concealed on Fieldhouse Lane – The only sign erected on Fieldhouse Lane is partially concealed behind a metre high hedgerow. This hedgerow is not maintained by Vehicle Control Services and as such, they cannot maintain any form of legally binding contract with parked vehicles due to the only sign being hidden.

    3) Ambiguous Signage – As per above, the only signage on Fieldhouse Lane is placed behind a large hedgerow. In addition, the sign placed on Fieldhouse Lane is directly adjacent to clearly marked parking bays. At no point were any PCN issued for parking in these bays. All PCN were issued for parking on the opposite side of the road or further along where there are no parking signs whatsoever. As such, it is with due reason to assume that this parking notice is applicable for said parking bays, and as no tickets were issued for parking in said bays, it stands to reason that these PCN are invalid.

    4) Vacant parking bays – The parking pays mentioned in point 3 are aligned to a vacant lot directly adjacent to the road in question. During the timeframe that these PCN were issued, this lot remained vacant and therefore the parking bays remained unused. Whilst at no point were tickets issued for parking in aforementioned bays, it’s worth noting their being vacant for the purposes of parking nearby

    I believe the facts contained in this Defence Statement are true

    Signed
    • Coupon-mad
    • By Coupon-mad 9th Mar 17, 11:05 PM
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    Coupon-mad
    I was wondering if it would be okay to submit this via e-mail rather than letter to the CCBC in Northampton. Is there any pressing reason to send via letter rather than e-mail?
    Yes you can attach it as a PDF to an email, with the claim number and 'defence attached' in the subject line.

    But not yet - because that defence only has stuff about signage.

    Are you not going to put them to proof of the driver and POFA compliance for holding you liable as registered keeper?

    And all defences v a PPC who don't own the land should challenge their standing & authority from the landowner.

    Is there any chance that your company actually had any implied right to park there, as a business on site? If so, say so.

    Is this claim filed by VCS themselves or by BW Legal? If the latter, read other BW Legal defences.

    Have they really only added £80 all told as extra costs, to 8 x £100 PCNs? That would be highly unusual, normally they use BW Legal and bung on 'indemnity costs if applicable' made up out of thin air - which must also be challenged in the defence.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • saarchy
    • By saarchy 10th Mar 17, 1:17 AM
    • 20 Posts
    • 12 Thanks
    saarchy
    Thanks as always for the help.

    But not yet - because that defence only has stuff about signage.
    Originally posted by Coupon-mad
    You're right. Signage is the only part I can explain in detail right now (with photographic evidence as per the Imgur gallery). I'd like to include more arguments in my defence to give it the best shot possible, but not sure what parts of the law are relevant to my specific case. Some suggestions would be hugely appreciated.

    Are you not going to put them to proof of the driver and POFA compliance for holding you liable as registered keeper?
    Originally posted by Coupon-mad
    Yes indeed, but wasn't sure on the correct wording. Is there a suggested paragraph I can use? Or is it just something along the lines of 'you never proved I was the driver of this vehicle, so why am I here?' I did successfully challenge two tickets previously so not sure whether the whole 'prove I was the driver' would work...? Again, will take your guidance.


    And all defences v a PPC who don't own the land should challenge their standing & authority from the landowner.
    Originally posted by Coupon-mad
    I'd like to challenge this indeed, but unsure how it would play out. Details below on longstanding issues with the landlord.

    Is there any chance that your company actually had any implied right to park there, as a business on site? If so, say so.
    Originally posted by Coupon-mad
    Absolutely.

    There's 4 office buildings along this road. My company currently occupy two (2nd one was moved into some time in 2014/15), one is occupied by another tenant and the 4th is vacant. In fact, the 2 offices that border the specific part of the road in question are mine and the vacant lot. I'm guessing I should include this in my defence, but worth noting the below.

    The landlord and my company have had a longstanding issue on parking. We grew very quickly and had 300/400 staff working in an office with 100 (give or take)parking spaces. When the 2nd office was rented, the staff count almost doubled whilst the parking spaces grew by only 20 or 30. Hence, major parking issues and grievances from employees and the landlord. It was rumored that he wanted a massive sum to provide us with more parking and our company was refusing. Since VCS started putting up signs in early 2015, they've probably ticketed hundreds of people employed at the company. I'd imagine the landlord would be very much in favour of VCS winning this case should he become involved, so hesitant to do so. There's a potential point they could raise that the 4th office was vacant because of my companies issues with employee parking. This vacant office had empty parking right outside (which was blocked off by a gate) and the empty parking bays alongside the road in question (which were never parked in as per the defence) but the rest of the area would often be jammed with parked cars during working hours. Not exactly attractive to a potential company coming to view the vacant office.

    Now I don't think this has anything to do with my case, given I'm just an employee parking his car to go to work, but I'd hate for this to get raised in court and not have a response prepared.

    Should I still challenge their standing & authority from the landowner based on the above? More than happy to do so if you think that's best, and can provide further explanation on this situation if it helps.

    Is this claim filed by VCS themselves or by BW Legal? If the latter, read other BW Legal defences.
    Originally posted by Coupon-mad
    I believe so. I received their 'Particulars of Claim' a few days ago and it's on their headed paper and signed for by a chap from their address. I'm happy to include the POC in the imgur gallery if you'd like a look?

    Have they really only added £80 all told as extra costs, to 8 x £100 PCNs? That would be highly unusual, normally they use BW Legal and bung on 'indemnity costs if applicable' made up out of thin air - which must also be challenged in the defence.
    Originally posted by Coupon-mad
    Yep, I thought it was strange as well. Grand total is £880 across 8 tickets. I believe I'm the first person from my company they're actually taking to court as well, so wondering if they might be trying to set a precedent...? A lot of my old colleagues got tickets and hated the PPC BS, so I imagine quite a big % are unpaid/ignored!
    • saarchy
    • By saarchy 14th Mar 17, 3:58 PM
    • 20 Posts
    • 12 Thanks
    saarchy
    I've redrafted my defence below if you would so kind as to provide feedback. I've included the bits you mentioned and sharpened up the signage to 1 succinct point. I've also included the bit about 2 previously appealed tickets as, whilst it might highlight their goodwill, it also demonstrates I made reasonable effort to understand parking regulations (or lack of) in the area.

    In the County Court Business Centre
    Claim Number: D0QZ924M
    BETWEEN:
    Vehicle Control Services Ltd (Claimant)
    vs
    Saarchy (Defendant)

    __________________________________________________ _________________________
    Statement of Defence
    I am Saarchy of Address, Postcode defendant in this matter.
    It is admitted that the defendant was the registered keeper of the vehicle noted at the date of alleged breaches. However, the claimant has no cause of action against the defendant on the following grounds: -
    1. Notwithstanding that the claimant claims no right to pursue the defendant as the registered keeper under The Protection of Freedoms Act 2012 (PoFA 2012); the Claimant has failed to meet the conditions of the Act and has never acquired any right to pursue the Defendant in this capacity if they cannot identify the driver.
    2. It is denied that the Claimant served the required documents with statutory wording as prescribed under the POFA and as such, there can be no keeper liability in any event.
    3. The Claimant alleges that parking charges notices were given for “failure to adhere to the advertised terms and conditions” but no terms are given nor is any valid breach established.
    4. The place of the alleged breach is given as “development known as Globeside Business Park Infrastructure Marlow and Unit 3 Globeside Business Park” which contains many registered parcels of land as well as registered leaseholds on parts of these parcels of land, therefore strict proof is required as to the exact site of the breach.
    5. Vehicle Control Services Ltd are not the lawful occupier of any land around Globeside Business Park Infrastructure Marlow and Unit 3 Globeside Business Park. Absent a contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorisation stemming from the lawful occupier, I have reasonable belief that they do not have authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim.
    6. The Defendant was employed at the time of the alleged breaches at a company operating from leasehold properties at the Business Park which including parking allowances in adjacent parcels of land within the Business Park. These were signposted, including specific parking signs for the Defendant’s office near where parking charge notices were issued.
    7. If it does transpire that the claimant is entitled to issue charges on the private land, certain parking spaces do not and cannot include spaces which are covered under the leases without specific authority being proved to be held from the owners of leases for each of those spaces.
    8. The signage present in the area is woefully inadequate and at no point can be considered suitable for “Terms and Conditions” to be breached, or any form of contract whatsoever. This includes, but is not limited to, signage obstructed by hedgerow, ambiguously placed alongside parking bays, no parking signs on entry to Business Park etc.
    9. No attempt was made by the claimant to provide suitable information on parking regulations within this Business Park. This is despite the Defendant’s direct request on appeal and the subsequent cancellation of two notices (VC0314065A and VC03473506) issued on 2nd September 2014 and 26th September 2014. This is over a year before the time of the alleged breaches in this claim.
    10. At no point were any significant signage changes made between September 2014 and September 2016, or further information supplied to leaseholders on the Business Park, by Vehicle Control Services Ltd. As such, any further tickets can be considered erroneous given the implied parking permission by the Claimant on appeal, as well as the Defendant’s employer occupying adjacent office space.
    11. PoFA 2012 only allows the recovery of the parking charge stated on the Notice to Keeper and not court fees, damages, indemnity costs or legal representative’s costs.
    12. No contract, terms and conditions or sum payable were ever accepted by any driver.
    13. The claimant’s notices attempt to make a forbidding offer, which isn’t an offer at all, therefore no contract exists.
    14. The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed, the particulars of the claim are not clear and concise as is required by CPR 16.4 1(a).
    15. The claimant failed to include a copy of their written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A). No indication is given as to the Claimants contractual authority to operate there as required by the Claimants Trade Association's Code of Practice A7.1 which says that If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.
    16. The Defendant believes that his personal details have been obtained unlawfully by the Claimant and asks that the Court does not to assist the Claimant to benefit from a wrongdoing. (Ex turpi causa non oritur actio).
    The facts stated in this defence are true, to the best of my knowledge and belief.
    Signed,
    Saarchy
    • saarchy
    • By saarchy 15th Mar 17, 1:46 PM
    • 20 Posts
    • 12 Thanks
    saarchy
    bump. Any feedback on my defence please? Want to try and get this submitted today if I can.
    • Coupon-mad
    • By Coupon-mad 15th Mar 17, 11:01 PM
    • 45,735 Posts
    • 58,706 Thanks
    Coupon-mad
    12. No contract, terms and conditions or sum payable were never accepted by any driver.
    Typo above.

    Apart from that, it looks like a decent and relevant defence, a breath of fresh air in fact. You have covered the points you will need to expand on later in your Witness Statement and evidence before the hearing in the Summer.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • saarchy
    • By saarchy 16th Mar 17, 3:05 AM
    • 20 Posts
    • 12 Thanks
    saarchy
    Typo above.

    Apart from that, it looks like a decent and relevant defence, a breath of fresh air in fact. You have covered the points you will need to expand on later in your Witness Statement and evidence before the hearing in the Summer.
    Originally posted by Coupon-mad
    Thank you. Amended and will e-mail in first thing.

    Should I send a copy to VCS directly via e-mail as well? They've had my address wrong all this time, but not sure if it's worth updating their records? I don't want them hassling me at my actual address....

    Will keep this thread updated as it progresses as well. Appreciate the help!
    • Lamilad
    • By Lamilad 16th Mar 17, 9:30 AM
    • 571 Posts
    • 1,177 Thanks
    Lamilad
    Should I send a copy to VCS directly via e-mail as well?
    Originally posted by saarchy
    Yes, send it to litigation@vehiclecontrol.co.uk and copy in info@vehiclecontrol.co.uk to make sure they get it. Also copy in you own email address so you know (and can prove) it's been sent successfully. the subject is the claim No.

    They've had my address wrong all this time, but not sure if it's worth updating their records? I don't want them hassling me at my actual address....
    Originally posted by saarchy
    You should give them your correct address and ensure your correct address is stated on any documents submitted.

    In court the judge may ask you to confirm your details....

    "Can you confirm you are 'Saarchy' of [address], [postcode]"

    You must not give inaccurate information to the court. if the address you give the court doesn't match what VCS have then they'll attack your credibility.

    There's going to be very important documentation exchanged over the coming weeks and months with response deadlines. Not sure why you'd want them going to and address you don't live at.

    Also if you address is not up to date on the DVLA database then you are committing an offence.
    • Loadsofchildren123
    • By Loadsofchildren123 16th Mar 17, 9:37 AM
    • 745 Posts
    • 1,203 Thanks
    Loadsofchildren123
    sorry if I'm too late.
    I would include that the other tickets were cancelled and rely on it as an admission that there was no contract and no claim against you.
    The other side will say it was a goodwill gesture, but you will have planted a seed in the judge's mind.
    • Loadsofchildren123
    • By Loadsofchildren123 16th Mar 17, 9:42 AM
    • 745 Posts
    • 1,203 Thanks
    Loadsofchildren123
    It's obviously not your main defence, but I would put it in:
    "On or about x date and x date the Claimant issued the Defendant's vehicle with parking charge notices, when it was parked in the same area. The Defendant complained to the Claimant that there had been no contract with the driver and the driver had not been parked in an area marked by any/sufficient signage. The Claimant agreed to cancel both notices. The Defendant relies on this as an admission by the Claimant that its signage was insufficient and displayed in such a manner that no contract can have been created between it and the driver.
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