Claim Form Defence

p1c2j333

Thanks, KeithP.

Please kindly comment the following WS.


In the County Court at XXXXX
Claim No. XXXXXXXX
Between
VEHICLE CONRROL SERVICES LIMITED (Claimant)
and
XXX (Defendant)

---

Witness Statement

---

1. I am XXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. On [DATE], the driver of the vehicle bearing the registration no, XXXXX parked in the car park to visit the friends who are residents there.

3. The warning signage was not appropriate and insufficient to alert the drivers.

4. There was no clearly marked boundary or signage to warn drivers who enter the controlled residential area.

5. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

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

7. 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

I am holding some photos for evidence.

KeithP

You need to expand para 3. Why wasn't the signage appropriate? Why was it insufficient? Are you not going to refer to any evidence showing these shortcomings?

Para 5. Show the court this evidence.

Para 6. How is 'the doctrine of promissory estoppel' relevant?

You have spelt the Claimant's name wrongly.

I am holding some photos for evidence.

Then you need to refer to each one at the appropriate point in your Witness Statement.


I can see nothing in there about the excessive charges the Claimant has added on.


Have you read any of the other recent Witness Statements to be found here?

p1c2j333

"Have you read any of the other recent Witness Statements to be found here?"

I am copying the thread issued by bargepole.
https://forums.moneysavingexpert.com/discussion/comment/74584727#Comment_74584727

p1c2j333

Today have received the WS from the claimant, so I am preparing mine before the deadline on 25/10/2019. I desperately need comments on my WS as soon as possible.

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
VEHICLE CONTROL SERVICES LIMITED (Claimant)
and
XXX (Defendant)

---

Witness Statement

---

1. I am XXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. On [DATE], the driver of the vehicle bearing the registration no, XXXXX parked in the car park to visit some friends who are residents there.

3. There was no clearly marked boundary or signage to warn drivers who enter the controlled residential area. (Ref. Image 1a and image 1b)

4. The warning signage was not appropriate and insufficient to alert the drivers as there was no warning sign on the wall right in front of the parked vehicle xxxxx but only a small poster seen sticking on the wooden fence at the far rear side. (Ref. Image 2)

5. 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. (Ref. image 3)

6. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

7. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

8. 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

Very much appreciate.

Coupon-mad

VCS' template WS has been demolished more times than I can remember.

You need to read other VCS threads where their WS has been pulled apart, so to find them, search the forum for:

VCS demolish WS

or

VCS Roch Vine

or

VCS and any other surname they have quoted in case law.

Have they included the actual Judge's judgment for the VCS v Ward case?

p1c2j333

Hi Coupon-mad, thank you for your response. I need further help for advice.
1) Do you mean that I can not use the draft WS as which was demolished?
2) Please kindly supply me with links as I could not get any result searching the forum as suggested.
Very much appreciated.

Le_Kirk

C-m doesn't do links. Are you sure you are searching the forum properly? If you are using a phone, you won't get good results from any search. Did you change the radio button from posts to threads?

p1c2j333

I have finalised my WS and very much appreciate for comments before submission. Thank you.

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
VEHICLE CONTROL SERVICES LIMITED (Claimant)
and
XXX (Defendant)

---

Witness Statement

---

1. I am XXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. On [DATE], the driver of the vehicle bearing the registration no, XXXXX parked in the car park to visit some friends who are residents there.

3. This car park is directly connected onto a public road (Elms Street, Derby), and there was no clearly marked boundary, entrance gate or signage to warn drivers who pass the entry point of the controlled residential area. (Ref. Image 1a and1b)

4. The warning signage was not appropriate and insufficient to alert the drivers as there was no warning sign on the wall right in front of the parked vehicle xxxxx but only a small poster seen sticking on the wooden fence at the far rear side. (Ref. Image 2)

5. 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. (Ref. Image 3)

6. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation. (Ref. Image 4a and 4b)

7. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100). This also depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts and the Claimant is well aware their artificially inflated claim, as pleaded, constitutes double recovery.

8. In a very recent case, District Judge Taylor, dismissed a case from BWLegal that included a false amount of £60. "Claim number is F0DP201T District Judge Taylor,
Southampton Court, 10th June 2019” ( Ref. ABUSE OF PROCESS)

9. 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. (Ref. Schedule of costs)

Statement of Truth

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

---

In the County Court at XXXXX
Claim No. XXXXXXXX

Between

VEHICLE CONTROL SERVICES LIMITED (Claimant)
and
XXX (Defendant)






DEFENDANT'S SCHEDULE OF COSTS


Ordinary Costs

Loss of earnings/leave, incurred through attendance at Court xx/xx/2019 = £32.00

Return mileage from home address to Court (5 miles x £0.45) = £2.25

Parking near Court = £6.00

Sub-total = £40.25
======


Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)
Research, preparation and drafting of documents (5 hours at Litigant in Person rate of £19 per hour) £95.00

Stationery, printing, photocopying and postage: £20.00

Sub-total = £115.00




£ 155.25 TOTAL COSTS CLAIMED

Coupon-mad

You haven't demolished their WS so you can't be searching the forum properly.


HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.

nosferatu1001

Also, you left it nearly 3 weeks before coming bak for "urgent" help. Thats not how to get yourself in anyones good books!

You should say you cannot recall who the driver was - if true OR state you were not the driver, as you have not answered that really obvious implied question.

7) only the POFA definition of abiuse? what about the fact theyve not incurred those costs? If youre going to make arguments in a WS go the whole hog...