Vcs letter before claim...mistake of calling VCS when receiving NTK...Help!

Suggii

Thanx for getting back to me.
Yes that's what I was thinking of splitting, as it all became confusing wat to do.
Since I dont have time would it be ok to submit the skelly later but week before hearing?
So then for now i just focus on the WS and send that with exhibits only?

I will quickly get that sorted and seperate the WS asap and put on here.

Suggii

Does this WS below sound any better now?
plus some ehxibits i have, they don't apply until the skelly, which i need to sort out. such as case law transcript.
also the beavis sign i can only distinguish during the skelly.
Is the defendant allowed to submit other evidence with the skelly? or not.
if anyone can get back, would be a great help, as time is running out.

“in the XXXXXXXX Court at
Claim No. XXXXXXXX
Between
XXXXXXXX (Claimant)
and
XXXXXXXX(Defendant)

---

Witness Statement

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1. I am,XXXXXX ofXXXXXXXXXX, 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.

2. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise. Attached to this statement is a paginated bundle of documents marked XX to which I will refer.

3. I assert that I am not liable to the claimant for the sum claimed, or any amount at all.

4. I am a private hire taxi driver, in partnership with Uber. Exhibit XX, is my letter of partnership with Uber.

5. On XXXXXXXX, I had picked up a fare, who wanted to go to New Street Station. However, my fare wanted to be dropped off in the car park of Albert Street Birmingham as they were getting late and wanted to walk it towards the Station, rather than being driven around. I drove my vehicle, at 5pm, registration number XXXXXX, into the car park. I stopped my vehicle on the side so my fare can leave; I was not blocking the driveway or obstructing any other users of the car park. Exhibit XX, is a map of my fare journey.

6. Upon driving off, my cars warning lights had appeared and my vehicle wasn’t accelerating. It had some mechanical fault, which meant I couldn’t get out of the car park in time. Exhibit XX, an image of the car warning lights.

7. I deny that by stopping in the area where “stopping is prohibited” I breached the terms and the contract was formed between me and the Claimant.

8. As I experienced sudden problems with the accelerator, I had no other option other than stopping, but to steer my vehicle into the zone where it was safe for me to restart the car and drive off.

9. Since I was focused on trying to move off, I have not had the chance to read the signs that were posted there or even if there were any signs informing motorists that stopping is prohibited. Even, if I had known about this, this would not prevent me from stopping. As it was the evening, lighting was not so good to read signs, with small print. After a short while I managed to drive out of the car park.

10. The terms and conditions specified by the Claimant basically do not mention the circumstances in which you can stop in this area.

11. A PCN was later received via the post from the claimant for an alleged breach of their terms and conditions for a non-payment; I felt confused as to why and challenged it. I called VCS, but they told me to dispute the charge directly through the use of https://www.myparkingcharge.co.uk. I did this immediately after receiving the PCN. However, I did not receive any correspondence regarding my appeal result and decided to call VCS on 30th March 2018. They told me my appeal was rejected as no ticket was purchased on the day in question, and that a breakdown was not exempt from payment. I demanded for a copy of the rejected appeal, to which I was told by the claimant that I should email VCS and they will get back to me.

12. The claimant statement in paragraph 24, mentions if the appeal is rejected then a Representation of Rejection (ROR) should be sent to motorists, by email. However, the Claimants bundle CT2 has a letter dated 22nd February 2018 of the rejection but neither were received, hence the need to call VCS by phone on 30th March 2018. I only saw this letter after the 6th April 2018 via email from Excel Parking. Exhibit XX the call record to VCS. I could not use the appeals process to IAS due to VCS not sending me my appeal rejection letter within the time limit, which was too late to appeal and a disadvantage to the defendant.

13. The claimant is alleging that the driver formed a contract with them by reading the terms and conditions on the sign and accepting them by remaining on site (as opposed to rejecting them and leaving). This is called acceptance by performance. However, the defendant could only form a contract with Excel Parking Limited (LTD), not the claimant, by virtue of the signs being in the name of Excel. According to Companies House website, Excel Parking Services Limited company number is 02878122, whereas V.C.S Car Park Management Limited company number is 02638134. This only proves that both are different legal entities. Exhibit XX companies house website. It is further confirmed by the email correspondence by Excel Parking that the claimant is clearly a stranger to any contract and has no legal capacity to issue a claim. Exhibit

14. Should the claimant provide evidence to substantiate their claim then the signage at the entrance to the car park and in and around the car park must have been unclear, insufficient and/or confusing to the vehicle driver.

15. The defendant refers to the following blog posts (and a significant number of other online sources), which confirm of this matter from other frivolous cases brought by VCS:

a) h t t p : // parking-prankster.blogspot .co .uk/2017/02/vehicle-control-systems-lose-wrong.html

Date of Post 10/02/2017
“Vehicle Control Services lose – “Wrong claimant”

Vehicle Control Services v Ms A C6DP7P37. Birmingham County Court. District Judge Williams

Ms A was in court with VCS regarding an alleged parking incident at Albert Street Car Park, Birmingham. Ms A was not the driver and all the signage at Albert Street suggested Excel were the operator, not VCS. Confused? So was Ms A, and the Judge as all the photo evidence in BW Legal's witness statement seemed to confirm that Excel were the operator.”

b) h t t p : // parking-prankster.blogspot .co .uk/2017/02/vehicle-control-services-discontinue.html

Date of Post 24/02/2017
“Vehicle Control Services discontinue Albert Street claim

Vehicle Control Systems (VCS) have a huge problem with historic parking charges issued at Albert Street, Birmingham, and the problem is that they had no right to issue the charges in the first place.

This is because the signage is all in the name of a different parking company, Excel Parking Services.”

And

“VCS are of course fully aware of this, but this does not stop them from filing claims. They know that most motorists will take fright at the sight of a claim form, and pay up; so VCS play the numbers and file anyway.”

16. The posts above are just two of a number of online entries that demonstrate that VCS are knowingly and actively engaged in a campaign of vexatious litigation for the sole purpose of frightening members of the public into parting with their cash.

17. Therefore the following discontinued / dismissed cases where VCS are erroneously named as the claimant.

Claims Discontinued
VCS v Zozulya - A8QZ6666
VCS v Ms M - 3QZ53955
VCS v Ms O - C8DP9D8C

18. VCS are members of the International Parking Community (IPC). It states in the IPC code of Practice (Exhibit XX) the following• (14.1) you must not use predatory or misleading tactics to lure drivers into incurring a parking charge. Such instances will be dealt with as a serious instance of non-compliance and will be dealt with under the sanctions system described in schedule 2 to the code.


19. I have been honest and transparent in admitting to my Human error and to being the driver even though I was not obliged to give out this information; I certainly have not attempted to conceal the fact I was the driver in an attempt to gain any advantage. This honesty and transparency hasn’t been reciprocated or displayed by both Excel parking and Vehicle control services for the following reasons.


20. The entrance and exit signs both have the Excel parking logos so alleged contract is with Excel not VCS. Email received refusing my initial appeal was from excel parking. If the occupant is Excel and the signs are Excel then VCS must as requested provide proof that the deed has been assigned and VCS have legal standing.


21. I had requested a Subject Access Request (SAR) from VCS to provide proof of their contract with the landowner that authorises the issuing of penalty notices. I’ve sought clarification as to whom I entered said contract with as even at this late stage it is ambiguous, unclear and in breach of being a contract because of the lack of transparency. This information has not been received and is in breach of data protection act. I had written twice to VCS regarding the SAR and a reply letter to VCS to the Letter before claim. To which neither I received a response. I wrote a further letter, but there was no response at all. I later emailed VCS, but it was Excel who had replied not VCS. Exhibit XX is letters with proof of posting receipts. Exhibit XX the emails from Excel.

No standing or landowner authority
22. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorization from the landowner or Excel parking to issue parking charge notices and to pursue payment by means of litigation as a third party. Despite my SAR, the claimant and Excel have both failed to provide me with most of the information requested, specifically the non redacted copy of the contract for the car park with the land owner.


23. Sign at the entrance to the Albert Street car park said that Excel Parking Services Ltd managed and controlled the car park, this is a 24 hour Pay Car Park, not pay and display, and it contained a lot of information about the consequences of drivers non-compliance. Clearly, Excel Parking Service Ltd claim to be a landholder of Albert Street car park, not the Claimant, Vehicle Control Services Ltd. The car park is no longer operational and hasn’t been since approximately July 2018 putting the Defendant at a disadvantage to recover further evidence. Exhibit XX Google street view



24. Any contract, in a private car park, can only be formed by signage, and it is therefore clear that if there was any contract, it would have been between Excel and the motorist.

25. According the claimants CT1 bundle with the signs board artwork, there is only one board that mentions VCS, the rest are in the name of Excel. This further proves, the defendant can only enter into a contract with Excel.

26. Between

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and

---

2018 I received several letters from the claimant and debt collectors acting on behalf of the claimant, asking for payment to be made, or court proceedings would be issued At no time did the Claimant try to resolve the matter. Exhibit XX copy correspondence received.

27. On 7th February 2019 I received a Copy of a claim form which had been issued by the claimant.

28. On 18th March 2019 I received a Notice of Recovery from the claimant, that they have been awarded a County Court Judgement (CCJ) against me on 13th March 2019. They gave only 7 days to pay up otherwise they threatened me with bailiff’s removal of goods. The Claimant had sent this letter via 2nd class to mislead me and so I pay up in 2 days rather than the 7 day non- existent deadline. Exhibit SA

29. I telephoned the County Court Business Centre the very same day, and was told there was no CCJ on this claim and that the paperwork was filed in time. The claimant was deliberately trying to mislead me into paying up, by using a predatory method of a CCJ, which was not awarded.

30. I invite the Court to dismiss this claim in its 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 that the facts stated in this Witness Statement are true.

Signature
Date

Coupon-mad

Since I don't have time would it be ok to submit the skelly later but week before hearing?

Yes that is fine and you could also submit your costs schedule then too.

That's fine as your WS, I think you have it all.

Suggii

Thank u, so much
For some reason my IP address has been banned, I dont know why.

Do I need all evidence and transcripts (I.e. my case law)now or I can send some later with skeleton argument?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/76286129#Comment_76286129

You copied a chunk of text from Word. See the links there!

Suggii

Question regarding transcripts?
I want to know so I can print what I need and hopefully deliver tomorrow.

can i give transcript and evidence that supports skelly in with skelly?

Coupon-mad

Yes you can.

Suggii

Just hand delivered to court and will email VCS with PDF version today.

Does the skelly need to be presented same way as WS and hand delivered and send a PDF to VCS?

KeithP

Suggii wrote: »

Does the skelly need to be presented same way as WS and hand delivered and send a PDF to VCS?

Yes .

U414830

Ws handed in, take a sigh of relief and have a good weekend! It's all coming together now.

well done.