Received a Letter Before Claim from Vehicle Control Services - help

Coupon-mad

Typo:

miniscule

Nope.



And is this true that you can DENY? Only say it if you can honestly DENY:

I deny I was the driver of the vehicle on the date in question.

Chucky1234

It is not true that I can deny for definite. However, as it is so long ago nobody can remember who was driving. Would the court take a dim view of this?

Coupon-mad

Yes, hence why NOT to use that word 'deny'.

Just say what you just said above, and conclude that on the balance of probabilities, due to more than one insured driver at the time, it is more than likely that the driver was in fact not the Defendant and no lawful presumption can be made (Henry Greenslade etc).

nosferatu1001

and point out it is the claimants job to provide evidence of the drivers identity, and not just rely on an unremarkable day many years ago being memorable.

Chucky1234

Hi all.

I have today received the witness statement and evidence bundle from the claimant. It is extremely long, around 50 pages I would guess and they have basically tried to falsify every defence I have.

A key point is they keep referring to the car park being a pay and display car park, when it clearly isn’t and they’ve attached signage stating the car park is free.

Should I scan this in (will be Friday now) to get people’s thoughts on it? Or shall I just re-type the important bits?

Chucky1234

Hi all, managed to scan the claimants witness statement and evidence bundles via my phone, which I have now uploaded at the below links;

Witness statement: https://www.scribd.com/document/424483047/Amended-Claimant-Witness-Statement

CT1 - Site information: https://www.scribd.com/document/424483229/CT1-Site-Information-20190904195924

CT2 - Notices and evidence: https://www.scribd.com/document/424483251/CT2-Notices-and-Evidence-20190904200136

It is extremely long; not sure if this is standard?

I appreciate it is extremely long and i am so grateful for everybody's help. I don't know much about this however I will note any points I think are relevant below, to save you guys time.


B]1: [/B]Paragraph 6 states that the car park is a pay and display development. The car park is actually a free park and ride car park, and their evidence of the entrance sign in CT1 proves this.


2: Paragraph 9 states that the Claimant have authority to implement a parking scheme, and they have attached evidence in CT1 supposedly proving so. In my defence I mentioned Railway Byelaws apply on this site, so this contradicts what I have said right?


3: Paragraph 12 again makes reference to there being a pay and display system in the car park which is managed by the claimant, and that they employ Patrol Officers to monitor the car park and issue PCN's to vehicles in breach of the terms and conditions. Again - this car park is a free park and ride service.


4: Parapgraph's 18 - 28 cover their process when issuing these, and mentions the various stages I have to appeal. I didn't appeal, should I mention that I didn't appeal and offer an explanation in my witness statement? What if I am asked in court?


5: Paragraph 32-33 states that the claimant is relying on Schedule 4 of the POFA to hold the keeper liable. I think this is key. In my defence, I stated as Railway Byelaws apply on this site, it is not relevant land so POFA doesn't apply. Are they just being stupid or am I missing something?


6: After paragraph 35, you will see an outline of my defence, they then try to pull it apart below.


7: Paragraph 36 - 44 covers the area of the land being covered by Railway Byelaws. Their arguments are as follows;

The landowner has the right to who and on what terms use the land.

The letter of authority in CT1 allows the claimant to enforce parking restrictions.

The signage in CT2 means motorists using the car park agree to be bound to terms and conditions.

The signage states motorists are required to comply with RB2005 without prejudice to the T&C's of car park usage.

Relies on Jones & Tighilt v First Greater Western Ltd. They then quote part of the case, but it is referencing a permit scheme on land with byelaws in place. Does this change anything to my case?

They then argue byelaws are arbitrary and it is not necessary they are utilised. Surely this isn't true, because what is the point in byelaws then?


8: Paragraph 45 - 47 deals with my defence that the claim is statute barred under RB2005.

Their main argument here is that it is only statute barred if pursuing through the Magistrates for a breach of byelaws. Because they are pursuing for breach of terms and conditions, they have 6 years. Again, surely this isn't right? Are they saying the site is governed by two contradicting set of rules?


9: Paragraph 48 - 52 deals with my defence that the site is not relevant land and they haven't complied with POFA.

They didn't really defend this too well IMO. They just denied it and said they can hold me liable under POFA and I had the opportunity to transfer liability should I have wished. I feel like I should really highlight this in my witness statement?


10: The next few paragraphs they talk about signage and in my defence I stated I was aware from local press then some stations were having work carried out, and it is not known whether the driver may have been confused as to where he could park. They attached photos showing the driver is outside of a bay and that the car park is fully in use.


11: Paragraph 78-81 deal with their argument that the parking charge isn't extortionate.


12: Paragraph 84 states that the terms and conditions are set by the client and that a valid pay and display ticket must be displayed at all times. No idea what they are talking about here and I feel like they have just copied and pasted a template. Should I mention this in my witness statement?



I appreciate that this is very long, however I have tried to do a lot of the legwork myself. I would be extremely grateful if one of you clever bunch could rip their witness statement and evidence to pieces for me, because to be honest I don't know where to start. Once I have a better idea of what to focus on etc, I shall redraft my witness statement and post it here for critique.

I am very grateful for everyones help.

Chucky1234

Is it normal for a paralegal for Vehicle Control Services to take the case also? In most of the threads I have read, a third party solicitors usually defends them? Is this going to change anything?

KeithP

Perfectly normal.

Some PPCs handle cases using a solicitor, others do not.

Chucky1234

Bump - just to make sure I don't fall three pages back and get missed. I am so grateful for everyone's help, but I go on holiday a week today so I need to make sure my witness statement etc. is all done by then

Chucky1234

Don't suppose anyone could help please?