VCS Parking Charges (3) - Resulted In County Court Claim Form

Coupon-mad

Does this mean becuase they are the claimant, i need to provide me legal arguement after viewing their facts evidence?

You don't have to file a skeleton argument at all. But you will miss a trick not to, and will miss a trick without legal cases and evidence.

But we find when BW Legal send their late WS, they are full of copied & pasted rubbish and need rebuttal, for example they say that the driver hasn't paid & displayed (in some cases) yet provide no evidence of this from the machine records, just 2 photos of the car on ANPR which is nothing to do with the payment system.

Also I've had no time to look back at your defence (you might want to copy & paste it now into a reply today, to remind us) but at this moment you have filed no evidence (photos, case law, etc.) at all and you need to.

So, if you WS is saying the signs were not seen, then include evidence photos with your WS now, get them filed in time. Not case law yet though!

Then wait for VCS' rubbish and that will focus your mind on the legal arguments from your defence and the fact you need to use evidence to support your rebuttal of what they say. e.g. we use the Cutts case (and his article about their signs) to show Excel/VCS blue & yellow signs are rubbish, we use the POFA Schedule 4 as evidence for the Judge (who will NOT be familiar with it) we use Henry Greenslade's words from the POPLA annual report 2015 confirming that a keeper can't be assumed to be a driver and that a keeper can't be held liable, outwith the POFA.

We also encourage people to use the 'clear & brief' yellow/black large lettering ParkingEye sign from the Beavis case to compare with the wordy small print on VCS signs. Otherwise you could get ambushed by the claimant's rep and a Judge who assumes the Beavis case means all parking charges are legit & all signs are OK.

You need that evidence for your Judge, but that's not your WS. Your WS is simple facts and simple evidence like photos if you have them.

Have you not read - for example - Lamilad's thread where I helped him tear Excel's WS apart? Loads of examples here v Excel or VCS, which would show you what you will get from VCS late, so you know in advance what evidence rebuts it.

Your initial defence alone is not enough - you need evidence, case transcripts etc. The only law in small claims is the law (evidence) you bring with you.

Remind us what your defence said, surely it referenced cases?

KimmyHrunt

Thank you.

Coupon-mad wrote: »

Remind us what your defence said, surely it referenced cases?

Did not contain any reference to cases:

1. Signs declared in the VCS/XXXXXX agreement are missing.
2. Signs are not illuminated, nor visible during non-daylight hours, therefore not allowing the driver to view, read and understood the signs..
3. Signs are bent, damaged and facing the wrong direction, therefore not allowing the driver to view, read and understood the signs.
4. Signs are out of view via overgrown trees or bushes, therefore not allowing the driver to view, read and understood the signs.
5. The two signs closest to the designated parking bay are either blocked from view due to other vehicles or not illuminated and not visible due to bushes or trees.
6. Neither VCS nor XXXXXXXX have supplied/provided visibility of a parking permit instruction sheet (as outlined in the VCS/XXXXXX agreement).
7. No indication as to what determines a ‘valid permit’. Other vehicles use older passes from previous parking management companies, missing various pieces of information, these vehicles are continuously not ticketed. If a contractual agreement is in place which states that a valid permit is required, then you must define what is considered to be a valid permit.
8. The management agreement of the property has no references to; parking terms and conditions, VCS terms and conditions or any charges.
9. Notices inside the residential building are; out of view, do not reference VCS, do not include any terms and conditions or state any charges.
10. The parking management agreement with Premier and VCS is in place to assist residents to ensure they can park freely in the dedicates parking bays associated with their residential property, preventing non-residents from parking. VCS do not owe, supply or charge for rent of the space. There is a 0 cost on this car parking space. With this in the mind the vehicle was parked in the correct space and with no cost to anyone. Please justify how these parking charges can be classed as fair when there is no financial loss to VCS or anyone for the car being parked in the space? There is no impact or loss incurred to anyone as that the only vehicle with granted permission to park in the parking bay is the owner.

My other question is, in the witness statement, am i only allowed to use exhibits included in the above defence? Or can i included new ones?

Coupon-mad

Ah OK.

In your WS you can start with the facts like you told us:

Back in May i received 3 parking charge notices (on different days) for failing to display a valid parking permit in our residential parking spaces. Each time i was parked in our own designated, numbered parking space, to which i received these PCN's of £100 fine for each charge.

The parking space if somewhat on a seafront and the wind is terrible, i can only assume that the permit has blown off the dashboard when leaving the car as i've noticed it down the side of the seats etc (this does happy occasionally as i have noticed it since).

then explain about the signs and expand about the fact you have primacy of contract, by virtue of your lease or tenancy agreement. The WS should append that evidence (photos of those signs that show them as unreadable in the dark etc) and also the relevant pages from your lease/agreement that grant you (or the resident if not you) a right to quiet enjoyment and/or anything about rights to park or access the property.

Those are all 'facts' rather than legal argument. So these should go in/with the WS. Your Tenancy Agreement/lease (even if silent on actual parking) is vital evidence of your primacy of contract and that it doesn't include any 'signage terms, obligations or parking charges', as explained here:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

Then relax a few days and wait for a rubbishy late WS from BW Legal, ready to pull it apart and to include the case law the Prankster refers to there - the Jopson Appeal case is very important - and county court decisions like PACE v Mr N, and the Masterson case strike me as relevant case transcripts to include (see the Prankster's lists of 'case law' for transcripts).

You will be able to add these because your initial defence did align your case with those ones:

The management agreement of the property has no references to; parking terms and conditions, VCS terms and conditions or any charges.

To find similar threads, search 'Jopson defence' on this forum board. Some legal arguments and WS have been written recently you can crib from.

KimmyHrunt

Thanks so much Coupon.

We do have a problem though....

The lease agreement has still not arrived from the land registry (we paid a fee for this) and we have chased/escalated with them and they have advised they will try to get it to us as soon as they can (as it is to be referenced in court).

So without a copy of that, i dont actually have any evidence...although i'm 99% sure there isnt (not much good in court like). Shall i still reference it, in the event that it does arrive in the meantime & if it does not arrive, then simply request this evidence to be disregarded?

Coupon-mad

Never fear - have a read of Bobby2k2's thread - he was in the same boat, could not show the lease and has won today and will be giving us his 'court report'!

In your case I would refer VERY clearly to the resident's ownership or AST, in particular if it pre-dates the date when this bunch of clueless idiots rocked up to try to penalise residents on any old excuse. You will at least know the date of the lease/AST (approx) and you will presumably have any bumf that came with the permit? Did the permit paperwork mention that the 'terms on signs form part of this contract' and you risk £100 penalty every time you park? Doubt it! So state that in your WS and state that you are entitled to quiet enjoyment and a right to pass and re-pass (all modern leases/ASTs allow that basic stuff under rights of way/easements if there is a car park).

I would say in your WS that you have requested a copy of the lease agreement from the LR which has not yet arrived (we paid a fee for this) and we have chased/escalated with them and they have advised they will try to get it to us as soon as they can (as it is to be referenced in court). State that you will file it as evidence as soon as it arrives and will bring a copy to the hearing.

I suggest you read the three transcripts I mentioned. Jopson, PACE v Mr N and Masterson. You need to understand the mindset of the Judges.

Really bang on about your primacy of contract and that there has been no variation in the lease or agreement, so to charge for parking 'infringement' invented by a third party agent is a matter of derogation from grant. You will see all that explained in the Prankster's blog about residential parking I just showed you.

KimmyHrunt

Coupon-mad wrote: »

Never fear - have a read of Bobby2k2's thread - he was in the same boat, could not show the lease and has won today and will be giving us his 'court report'!

In your case I would refer VERY clearly to the resident's ownership or AST, in particular if it pre-dates the date when this bunch of clueless idiots rocked up to try to penalise residents on any old excuse. You will at least know the date of the lease/AST (approx) and you will presumably have any bumf that came with the permit? Did the permit paperwork mention that the 'terms on signs form part of this contract' and you risk £100 penalty every time you park? Doubt it! So state that in your WS and state that you are entitled to quiet enjoyment and a right to pass and re-pass (all modern leases/ASTs allow that basic stuff under rights of way/easements if there is a car park).

I would say in your WS that you have requested a copy of the lease agreement from the LR which has not yet arrived (we paid a fee for this) and we have chased/escalated with them and they have advised they will try to get it to us as soon as they can (as it is to be referenced in court). State that you will file it as evidence as soon as it arrives and will bring a copy to the hearing.

I suggest you read the three transcripts I mentioned. Jopson, PACE v Mr N and Masterson. You need to understand the mindset of the Judges.

Really bang on about your primacy of contract and that there has been no variation in the lease or agreement, so to charge for parking 'infringement' invented by a third party agent is a matter of derogation from grant. You will see all that explained in the Prankster's blog about residential parking I just showed you.

Brilliant. Thanks ever so much.

I shall post a cpoy of my witness statement for viewing.

FYI - The Lease Agreement is approx 10 years old. VCS have been in place since mid 2015.

Landlord only ever signed the initial agreement and has not signed anything else since.

Coupon-mad

The Lease Agreement is approx 10 years old. VCS have been in place since mid 2015. Landlord only ever signed the initial agreement and has not signed anything else since.

Perfect - that goes into your WS too.

KimmyHrunt

Here is the draft WS:

In the matter of

VEHICLE CONTROL SERVICES LIMITED (Claimant)
v
XXXXXXXXXXXXXXXX (defendant)

Claim no:XXXXXXXXXX

Witness statement of XXXXXXXXX, defendant


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.

The claimant issued three individual Parking Charge Notices to the mentioned vehicle (on different days) for failing to display a valid parking permit, when parked in our residential parking space. Each time the vehicle was parked in our own designated, numbered parking space, resulting in the claimant requesting a £100 charge for each Parking Charge Notice.
The mentioned residential parking space is directly on XXXXX front which is exposed to extreme winds coming in direct from the XXXX River. As a direct result of these winds I have strong reason to believe the parking permit has blown off the dashboard and down onto the floor space of the vehicle or down the side of seats when exiting the vehicle. There is no easy solution for this as there has to be a means of exiting the vehicle.
I am personally critical of the permits themselves, the permits are what I consider to be large, pieces of paper/cardboard which have been laminated. I feel they are dangerous to ‘jam’ into the window of the vehicle as they are large also result in ‘glare’ back onto the windscreen which I feel is dangerous. A more appropriate option would be a window sticker of some sort which could be placed in the vehicle and would result in the permit being clearly visible and on show at all times. This would prevent vehicles owned by residents of the property from failing to display passes in circumstances such as my own, however I believe this opposes the interest of the claimant. I have now been forced to apply ‘blue tac’ to the back of the permit in an attempt to prevent the permit from being blown out of sight.



1. The claimant’s agreement to give PCN for alleged parking violations is not with the land owner. The agreement in which the claimant is operating to is with XXXXXXXXXXXX (the managing agent of the residency), not the land owner.
2. Primacy of contract prevents the claimant from over ruling the lease agreement of the premises. The lease agreement of the property pre-dates the claimant’s agreement with XXXXXXXXXXXXX for parking management of the site. The lease agreement of the premises is approx. 10 years old and has not been subjected to any amendments since. A copy of the lease agreement of the premises has been requested from the Land Registry (via the paid service) which has yet to be received. This has been escalated with the Land Registry as this is to be used as evidence in court. Land Registry have advised that they will supply as soon as they can.
3. The claimant and/or the management agent have failed to comply with the terms and conditions outlined within the agreement between VEHICLE CONTROL SERVICES LIMITED and XXXXXXXXXXXXXXXXX
4. The ‘signs’ located on site are non-compliant with the IPC Code of Practice.
5. The vehicle involved in the alleged contravention was parked in the correct, dedicated parking bay which is allocated to the residential apartment in where I reside, which is inclusive of entitlement to quiet enjoyment and a right to pass and re-pass. The claimant issuing PCN’s to vehicles parked in their dedicated parking space is a matter of derogation from grant.
6. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver. The claimant has issued a notice to keeper which is not compliant with the strict requirements of the Protection of Freedoms Act 2012.
7. The Defendant neither admits nor denies being the driver at the time of the supposed event, and therefore puts parking company to strict proof that any contract can exist between the Claimant and themselves.
I believe that the facts stated in this Witness Statement are true.


Signed xxxxxxxxxxxxxxxx


Dated xxxxxxxxxxx

So the actual argument now needs to drill down further into each one of the above statements? Do i need to reference what documents/materials i will be using to add credibility to those statements, within the witness statement?

For example, for point #3, there are a number of ways in which they have not complied with the agreement. In my full defence, i need to detail these and provide evidence of the agreement in which i am referring to?

Any other recommendations?

Thank you all.

Coupon-mad

For example, for point #3, there are a number of ways in which they have not complied with the agreement. In my full defence, i need to detail these and provide evidence of the agreement in which i am referring to?

Yes, I would, Point #3 confused me, I couldn't see what you are getting at so neither would a Judge.

You could also add at the bottom that BW Legal are known to try to re-plead their sparse particulars of claim in a late Witness Statement and as such, you hope the court will be aware that you have not actually seen the claimant's stated case yet and reserve to the right to file a skeleton argument in response, following sight of the Claimant's Witness Statement.

You could also mention and include the 3 case transcripts I mentioned above, now, even though strictly speaking they are legal arguments that also support your WS about primacy of contract. Jopson, PACE v Mr N, and Masterson (all from the Prankster's case law store):

http://www.parking-prankster.com/case-law.html

I am itching for you to file those as evidence so maybe include and file them now with the WS, as long as you align them to your statements.

Also, I assume you are the tenant as you talk about a landlord? what did your tenancy agreement and/or permit paperwork say about the right to park in that demised bay?

KimmyHrunt

Coupon-mad wrote: »

Yes, I would, Point #3 confused me, I couldn't see what you are getting at so neither would a Judge.

You could also add at the bottom that BW Legal are known to try to re-plead their sparse particulars of claim in a late Witness Statement and as such, you hope the court will be aware that you have not actually seen the claimant's stated case yet and reserve to the right to file a skeleton argument in response, following sight of the Claimant's Witness Statement.

You could also mention and include the 3 case transcripts I mentioned above, now, even though strictly speaking they are legal arguments that also support your WS about primacy of contract. Jopson, PACE v Mr N, and Masterson (all from the Prankster's case law store):

http://www.parking-prankster.com/case-law.html

Also, I assume you are the tenant as you talk about a landlord? what did your tenancy agreement and/or permit paperwork say about the right to park in that demised bay?

in regards to #3 - the number of signs mentioned in the wording does not reflect the maps of the premises, showing where the signs are to be displayed, it also states residents are to be provided a copy of a 'parking permit instruction sheet', to which we/nor out landlord have any recollection of? It also states that the management company is responsible for ensuring vehicles display valid permits, so in that case, why are they perusing the RK?

Yes, we are tennants, our landlord is a friend. We don't have a formal agreeement, however i believe we do have an AST as per below:

Assured shorthold tenancies (ASTs)
The most common form of tenancy is an AST. Most new tenancies are automatically this type.

A tenancy can be an AST if all of the following apply:

the property you rent is private
your tenancy started on or after 15 January 1989
the property is your main accommodation
your landlord doesn’t live in the property

https://www.gov.uk/private-renting-tenancy-agreements/tenancy-types

The landlord just handed us over the permit. He has not lived in the premises since the days prior to VCS.