Ticket From VCS Brookshaw Sheffield

RichieBoy56

***UPDATE***
On 23rd November I received Notice of Allocation to the Small Claims Track (Hearing).
On 11th December I received a 'Notice of Trial Date' (5th March 2019), in which is stated:
'Unless the claimant does by 2.00pm on the 5th February 2019 pay to the court the trial fee of £25 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 5th February 2019 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.'
The problem is that I am on holiday on the 5th March (out of the country) so cannot attend.
Can I get this date rearranged or should I risk VCS not responding by 5th Feb?

The_Deep

Of course you can re-arrange the date with the court. After 132 posts I am surprised that you need to ask us such an obvious question?

nosferatu1001

When did you send the letter above? And to whom?

And of couse you change the date
Seriously
Thats not even a real question. Also was this date not on your DQ?

RichieBoy56

Thanks for the quick replies.
TheDeep - I Googled 'rearranging court date' and got a lot of hits saying that the court don't have to, that you need a very good reason and that you should ask the Claimant if they agree. Is there a form or do I just telephone the court, or write to them.
nosferatu - I didn't send the letter as no one commented on it's suitability. I have only just received notice of the court date.
I'm just looking for some clear guidance as my own research has not provided the information that I require.

RichieBoy56

Bit of an update.
Court date rearranged for 24th May 2019.
VCS witness statement received and I will post up once I have scanned.


In the meantime I have been requesting information from the local council and have found that the car park does not currently have planning permission. Planning permission was granted in 2013 for a temporary period of 3 years but has never subsequently been renewed/reapplied for. Is this a golden bullet?


I also queried the signage and got this response:
"These type of signs fall within Schedule 3 Class 2A of the Advertising regulations.....and therefore have deemed consent and do not require advertisement consent from the Local Planning Authority".
Is this correct or is it only for signs under 0.3m2 in area?


Comments would be appreciated.

RichieBoy56

I have checked Schedule 3 Class 2A of the Advertising regulations and deemed consent is only applicable to signs under 0.3m2. I have challenged the Local Council on their interpretation and have requested that they prosecute the landowner under Section 224 of the Town and Country Planning Act 1990.

Coupon-mad

Planning permission was granted in 2013 for a temporary period of 3 years but has never subsequently been renewed/reapplied for. Is this a golden bullet?

No.

More importantly, show us VCS' witness statement, and you need to draft your own, in time for whatever date the order giving that hearing date, tells you. See the NEWBIES thread for WS and evidence tips.

RichieBoy56

VCS Witness Statement.
https://postimg.cc/gallery/nbfqeql6/
The main thrust of my defence is that my (now) wife will make a statement to say that I was not the driver on the day in question (neither was she by the way). Do I need to include a signed statement by my wife in my witness statement? Can I ask the Judge to throw the case out on this evidence alone?
VCS claim to have a contract with the lawful occupant but this is not the landowner. The contract permits VCS to issue PCN's, but they actually issued one of their 'MyParkingCharge' notices which states 'This Is Not a Parking Charge'! The contract does not mention allowing VCS to pursue parking charges in their own name.
The claim is breach of contract by reference to signage. Signage on the day did not comply with IPC COP. No sign at entrance. Second entrance. Inadequate to form a contract.
They cite Thorton v Shoe Lane which does not seem relevant.
They cite Vine v Waltham Forest, again seems irrelevant.
They cite Parking Eye v Beavis which I'm sure can be defeated.
They refer to POFA but I'm sure that the wording on their PCN is non-compliant.


Comments would be appreciated before I put my witness statement together.

Umkomaas

Just a couple of quick observations.

The contract. There is no commencement date showing, and the duration of the contract is only for 1 year. How recent is this contract, especially as your parking charge issue started in October 2017 (first post here) or earlier.

The signatures are scribbles, with no names appended for authenticity. The signatures are too indecipherable to enable any 'guess' at who they belong to.

Protection of Freedoms Act 2012 (Schedule 4). if VCS are claiming keeper liability, then I'm pretty certain that their 2017 ntks were not PoFA compliant. Do you have the NtK to check against PoFA requirements?

RichieBoy56

Thank you for your reply Umkomaas.
There is a commencement date in the DEFINITIONS section. 11th September 2012.
The contract agreement is for one year.


I take your point on the signatures.


I have previously checked the NtK and the wording is not compliant.


Anyone else have comments please?