VCS Parking - CCCF Letter - MCOL: Defence help

ajplag

Thanks IamEmanresu,


- VCS have provided a contract between themselves and Pruta Property Limited c/o Robson Property Management Ltd of 34 Dover Street, London, W15 4NG


- Title deeds are to Pruta Property Limited (incorporated in British Virgin Islands) (UK Regn. No. 89301) of 47-49 La Motte Street, St Helier, Jersey, Channel Islands, JE2 4SZ and care of SGH Martineau LLP, One America Square, 17 Crosswell, London EC3N 2SG


-I haven't confirmed that I have parked in that redlined box, and won't confirm here as I know these are monitored by parking companies

Lamilad

your link activated:


https://app.box.com/s/2ol513hel0ky6sdzqhw1jomujsmon62f

KeithP

ajplag wrote: »

*HELP*


hi guys, panicking slightly with some evidence that was sent across by VCS. These are the title deeds to the property that the landowner has. A strong part of my defence was that this was parking on public roads, therefore not enforceable, but I'm trying to decipher whether or not the title deeds help or hinder my case.


hxxps://app.box.com/s/2ol513hel0ky6sdzqhw1jomujsmon62f




Admin can you transfer this into a working link please?

Can you possibly re-create the contract image the right way up?

Reading eight pages standing on one's head is tricky.

N.B. you can now post live links yourself.

[Deleted User]

As I understood it Saarchy was parked on Fieldhouse Lane opposite the Lunar House entrance which is clearly well outside the boundary of the official copy entry.

Fieldhouse Way and Fieldhouse Lane are both listed as adopted highway by the Council in their spreadsheet. Assuming the vehicle was parked like Saarchy on these roads, you can aver:

1. We know from council records it is publicly maintained road. https://www.buckscc.gov.uk/services/transport-and-roads/road-maintenance-and-repairs/list-of-streets-we-manage/
2. We know from s.192 of the road traffic act that road is defined as
"road” (a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes [my emphasis] and it was road to which you did indeed have access.
3. We know from Alun Griffiths (contractors ) Ltd v DVLA [2009] EWHC 3132 (Admin) provided that the land is maintained on taxpayer dollar it ain't private land and may in fact all be classed road (in that case a vehicle on the grass verge was still "on public road" for tax purposes).

:think:
In short, you don't need our help with this question. The map is pretty clear if you know the area (as in fact I do). You simply need to know where your car was parked to ascertain if they have a point or not.

ajplag

Thanks all, the vehicle in question was within the boundaries of the title deeds...

[Deleted User]

In which case, you were parked somewhere else entirely. Presumably your defence now includes points more relevant to saarchys case than yours? If so, care will be needed as to the next steps.

ajplag

Yeah I'm starting to scratch my head as to how this can sway in my favour.

[Deleted User]

Was your car in a parking bay or on a road? What did the signage say? Is any part of your defence still relevant to your circumstances?

Don't answer that last question here, but you may want to think about a supplemental witness statement to clarify the errors.

You can't polish a t**d - but you can roll it in glitter...

System

This progressing along nicely. VCS have until the 31st August to pay the court fee and we have a court date set for the 29th September.

How did it go?