Urgent help please VCS Claim form received

Bellaandme

Hello. I have today received the information which VCS intend to rely on in court. This was sent to our old address despite providing VCS with our new address in September. My question is could this go in our favour as they are obliged to provide us with this info prior to the hearing? We only received it as the current tenant is a relative and passed it on. Any advice would be much appreciated

Coupon-mad

Bellaandme wrote: »

Hi everyone
We have just received our court date which is 22 March. Not great timing as I will be on half term break next week. Could someone please direct me as to what I need to do at this stage to prepare?

The plan is still to hear the case on paper as the OH is working away although I was advised not to mention this yet.
Many thanks!

I have today received the information which VCS intend to rely on in court. This was sent to our old address despite providing VCS with our new address in September. My question is could this go in our favour as they are obliged to provide us with this info prior to the hearing? We only received it as the current tenant is a relative and passed it on. Any advice would be much appreciated

Yes, cover it in your own WS that you have to file & serve now with your evidence. Hopefully you've been reading the NEWBIES thread about WS stage, and looking at the simple example stories and evidence lists.

Bellaandme

Thanks Coupon-mad. Should I pretend that I haven't seen their evidence or should i refer to the fact that they have sent it to the wrong address in my witness statement?

I was hoping that the case may be struck out because they haven't followed the correct procedures or is this too optimistic?

I been researching witness statements but won't have access to a computer to compile ours til Mon. I will post my draft on here and would be most grateful for feedback at that stage.

Coupon-mad

Should I pretend that I haven't seen their evidence

No.

or should i refer to the fact that they have sent it to the wrong address in my witness statement?

Yes, and that it was lucky you retrieved it.

I was hoping that the case may be struck out because they haven't followed the correct procedures or is this too optimistic?

Unlikely!

Bellaandme

Hello

This is my first attempt at our witness statement. I would be most grateful for any advice. Am I correct in thinking that I do not refer to any legal arguments at this stage as this is included in our skeleton argument? VCS's witness statement refers to Thornton v Shoe Lane Parking 1971 2 QB 163, Vine v Waltham Forest LBC [2002] 1 WLR 2383, 2390 and the one which I have seen on here many times - ParkingEye v Beavis [2015] UKSC 67. Is anyone familiar with the other cases?

Many thanks!

In the matter of

VEHICLE CONTROL SERVICES(Claimant)
v
******** (defendant)

Claim no:

Witness statement of *******, 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.

1. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

2. The Defendant denies being the driver at the time of the supposed event, and therefore puts VEHICLE CONTROL SERVICES to strict proof that any contract can exist between the Claimant and themselves.

3.The vehicle has multiple drivers and VEHICLE CONTROL SERVICES has failed to comply with the POFA 2012 Schedule 4, para 14 and thus failed to transfer liability to the Defendant in law. Given that the car is insured with more than one driver, the Claimant cannot assume nor tip the balance of probabilities, that the registered keeper was necessarily the driver. Thus, the Claimant has failed to establish a cause of action and liability against the Defendant.

4. The NTK issued was not compliant with POFA 2012 for a number of reasons, including not specifying the period during which the vehicle was parked, nor whether a notice was given to the driver or placed on the vehicle. Further non- compliance is indicated in paras 5 and 6 below.

5. Para 12 schedule 4 POFA 2012 relates to adequate signage. It is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. The terms and conditions sign states ‘if a valid permit/ticket is required…’ and does not explain what a valid ticket/permit is. The sign also claims that the parking charge is £100 per day or part day. This is clearly not correct as further evidence supplied by the claimant shows a separate sign displaying parking tariffs ranging from ‘free’ for a stay under 30 minutes or up to £3.00 for ‘all day parking’.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The SAR information received by the claimant shows that the Keeper details were requested from DVLA on 13 October 2017, only 6 days after the date of the alleged contravention. A NTK was issued on the same day. Under POFA 2012, applications should not be made to the DVLA earlier than 28 days after the vehicle was parked, and a NTK should not be issued earlier than 28 days after the service of notice to the driver.

8. The claimant’s Witness Statement and evidence were sent to a previous address, despite having been advised of our current address in September 2018. It is lucky that I was able to retrieve this as the current occupiers forwarded it onto me.


I believe that the facts stated in this Witness Statement are true.



Signed xxxxxxxxxxxxxxxx


Dated xxxxxxxxxxx

Le_Kirk

2. The Defendant denies being the driver at the time of the supposed event, and therefore puts VEHICLE CONTROL SERVICES to strict proof that any contract can exist between the Claimant and themselves.

Shouldn't that be: -

2. The Defendant denies being the driver at the time of the supposed event, and therefore puts VEHICLE CONTROL SERVICES to strict proof that any contract can exist between the defendant and themselves.

Snakes_Belly

I am defending a claim from their sister company Excel and they are relying on the same cases. Shoe lane relates to the contract being formed at the point of entry to the car park. In the case this was a barrier car park. You need to get some images of the entry to the car park. Are the signs at the entry to the car park clear enough to form a contract?

Bellaandme

Yes thank you! That para was copied and pasted from another forum user.

Bellaandme

There are no barriers and I cannot recall clear signage on entry, although there are 2 entry points. I can drive over on my day off later this week but the signage may have changed since 2017. VCS submitted lots of photos in their evidence although none appear to be of the entrance to the car park

Coupon-mad

Search the forum for keywords:

Vine

and separately:

Thornton

as it's already here...you will find WS that have already dealt with those cases.