VCS Ltd - County Court Claim - DEFENCE HELP

KeithP

lanethomp wrote: »

Can I email the DQ to the CCBAQ email address or is it best to post it as well?

Email it to the CCBCAQ address.

Coupon-mad

lanethomp wrote: »

Also:
Is it wise to start prepping the witness statements now or is there a good chance this will be discontinued before then?

Unlikely to be discontinued at all. they are hell bent on hearings, and we are hell bent on winning almost every case!

So you can prep a basic WS and start gathering the evidence (like photos of unclear/obscured signs and a general lack of signs) and transcripts from the Parking Prankster case law pages.

lanethomp

Hello all. I need to file the witness statement TOMORROW, draft of which is copied below. A couple of questions:


1. There is a complication in that my father (not telling me when I drafted the defence) said that he was the driver on appeal. He was NOT the driver, his employee was, but in his naivety just wanted to deal with it as he truly believed it would be cancelled. VCS obviously draw this out in their witness statement. Do I need to reference this back???


2. VCS have submitted a WS, very long. Court bundle is 46 pages. Relying on Parking Eye vs Beavis. Submitted by a paralegal working for VCS. Any comment to this?


3. If we submit a WS from the chap who got his ticket cancelled (ref point 17 in our WS), would he need to attend Court? The WS will just state the events and that on appeal his ticket was cancelled. He no longer has any documentation though. He has agreed to do it on the basis he does not attend Court (he cannot afford to risk losing a day's wage)


4. Our WS is quite lengthy, but wanted to draw out the events as this is the basis of the defence. Is it OK and do you suggest any amendments.


5. I'll be attending Court with my father. Do I need to let the Court know. Can I be classed as a Mackenzie friend? My father is VERY short tempered about this and I would like to speak on his behalf where I can or just make sure he sticks to the facts rather than getting emotional in Court.


I've left this later than I wanted to, although some of you will note I've been busy dealing with a PCN for my husband!! Thank you VERY much for all the time and support you guys provide.




In the County Court at Manchester Claim No. XXX

Between:
VEHICLE CONTROL SERVICES LIMITED (Claimant)
V
XXX (Defendant)

______________________________________________

WITNESS STATEMENT
______________________________________________

I, XXX of XXX, will say as follows:


I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked XD1 to which I will refer.


Before I describe what happened on the day I parked at the 5Rise Shopping Centre service yard, I confirm that the essence of my defence to this claim is that:


a. I believe the Claimant has behaved unreasonably in pursuing a claim against me.


b. The driver was allowed the right to park by the Managing Agent, initially via an express verbal agreement with the on duty caretaker staff, and subsequently by issue of a Parking Permit (XD1.1) for the duration of the works.


c. This permission creating the prevailing and overriding contract – the only contract – and the business was concluded as agreed, at no cost or penalty.


d. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or course of action, to litigate in this matter.


e. The rejection of appeal dates XX June 2017 (XD1.2) states that:


“Furthermore, as this permit is an ‘open’ permit, there is no way of identifying it specifically to yourself and your vehicle. ‘Open’ means it can be passed between different vehicles or obtained after the date in question”


f. The permit was issued by the Claimant in this format and they therefore cannot pass liability onto the Defendant in this regard.


Events


1. I am an electrical contractor, employed by XXX, which is a small firm employing three persons.


2. On XX May 2017, I was working at 5Rise Shopping Centre, employed by the main contractor, XX Contractors Ltd. XX Contractors Ltd were working on behalf of the Managing Agent of the shopping centre, CBRE. The works related to a strip out and fit out of a commercial unit at the shopping centre.


3. I was working with XX, an employee of XX Electrical Ltd, and we were travelling in a Peugeot Boxer Vehicle Registration Number XX. I am the registered keeper of this vehicle as stated in my Defence.


4. The main works were scheduled for a duration of approximately six weeks, and XX Electrical Ltd were expected to be on site regularly, but not every day of those six weeks.


5. I arrived on site at approximately 09:30AM and signed in with the site supervisor XX, who was working on behalf of XX Contractors Ltd. I received a site induction, where parking charges or permits were not mentioned.


6. We commenced work shortly thereafter, working to load and unload tools and equipment from the vehicle, commencing work inside the unit, and placing waste into a skip which was also located in the yard close to my vehicle.


7. At approximately 10:45AM, a parking operative arrived in a vehicle and approached the contracting team regarding the vehicles.


8. XX, the site supervisor working for the main contractor XX Contractors Ltd, along with others including myself, explained to the parking operative that we were parked on business, working in the unit on behalf of the Managing Agent CBRE.


9. The parking operative accepted this, and drove away in his vehicle.


10. It should be noted that XX Contractors Ltd had parked prior to this day with no issue.


11. At approximately 11:30AM, the parking operative returned. He apologised but said this ‘his office’ had informed him that he must issue all vehicles with a parking charge notice.


12. XX and others including myself objected to this on the grounds referred to in points 7 and 9 above. The parking operative informed us that CBRE should have issued us with parking permits and assured us that once we obtained one the charge would be cancelled on appeal.


13. My vehicle and two others were duly issued with parking charge notices.


14. XX contacted the site caretaker employed by CBRE - ‘Dave’ - to request the permits.


15. The caretaker arrived later that day and issued the parking permits to all concerned (the one issued to my vehicle is shown in XD1.1)


16. In XD1.1 you can see in the background the vehicle wheels and the skip on site. This corresponds with the photographic evidence submitted by the Claimant on page 44 of their bundle. Supporting therefore that the permit was in fact issued to cover the alleged contravention.


17. A parking charge notice issued to one other vehicle on the same date XX May 2017 under similar circumstances and as outlined in point 13 above – was subsequently cancelled after presentation of the permit on appeal.


I invite the Court to dismiss this claim in it’s entirety, and to award my costs of attendance at the Hearing, such as are allowable pursuant to CPR 27.14.


Statement of Truth


I believe the contents of this witness statement are true.

lanethomp

just realised I have not included anything about the appeal. Will expand the WS. My father appealed and it was rejected but again in naivety did not follow up the appeal with IAS and ignored all subsequent letters until the Court claim.


Any pointers in the meantime would be a great help, thanks

onlyfoolsandparking

Absolutely unbelievable!!!!!


An ordinary hard working chap (your father) practically persecuted by 'No morals' PPC. I don't get angry these days (well not much) and I cant offer much in advice to you OP but I just wanted to say I hope you fight this all the way AND counter claim for what is clearly a massive example to why your father should have NO WAY!!! been given a PCN


Anyway rant over and again credit to you for fighting this, the experienced posters on here are phenomenal at guiding us through the scummy process we unfortunately HAVE to go through, its a joke!!!!!


With my PCN, they will NEVER get a penny from me, period!!

Coupon-mad

3. I was working with XX, an employee of XX Electrical Ltd, and we were travelling in a Peugeot Boxer Vehicle Registration Number XX. I am the registered keeper of this vehicle as stated in my Defence. I was a passenger only - I was not the driver.

lanethomp

Court bundle filed today.

It’s so blooming stressful! I’ve spent ages researching silly things like how to set out a schedule of costs and how to construct a bundle. It’s so frustrating that they put you through all of this.

Who is likely to turn up at court do you think?

Our court bundle was only 15 pages long. I’ve probably not done it justice but struggling to spend enough time on it to cover the legal stuff. I’m so hoping that the judge sees sense. Will try to post my bundle tomorrow but need to be on the laptop.

Thanks everyone for the help with this.

Coupon-mad

Jake Burgess sometimes turns up.

I heard he was in court recently when several cases were happening at one court.

System

When theirs comes, could we see it?

lanethomp

Yes but will need to scan it in. Will try and do it this eve.