VCS Court Claim - Johnsons Cleaners

Coupon-mad

Whoops, heading should be WITNESS STATEMENT so I've edited it!

goingcrazy2019

Thank you for all of the above, that is very helpful. I do have the headings on my version, not sure why it didn't come out on yours. I'll get on these changes and amend right away. Thank you so much.

goingcrazy2019

hi - Just wondering, in my first draft I included information received from VCS Access Request in my exhibits because it shows that they received my appeal but didn't respond. Also it clearly states when the PCN was given and when they applied to the DVLA for my details so thought this was important to have a court. Should I include it still?

goingcrazy2019

It's ok I think I have found everything! Thank you.

Coupon-mad

Just wondering, in my first draft I included information received from VCS Access Request in my exhibits because it shows that they received my appeal but didn't respond. Also it clearly states when the PCN was given and when they applied to the DVLA for my details so thought this was important to have a court. Should I include it still?

No, because it's not a reason to win in court and not that important on its own, so I just mentioned it instead.

Just use the version I wrote (my headings, my wording) instead of yours...plus the other documents needed, the CRA sch 2, the POFA sch4, the Beavis quotes, AND all your evidence exhibits that I listed in red, including a USB stick with the video in advance, NOT a link (and you will need to ring the court to find out how to play that video if allowed - take a laptop with you on the day).

This is what you need to file & serve as well:

I've taken out all the ABUSE OF PROCESS stuff as you need the newer version from post #14 of the abuse of Process thread, and because it is long and detailed with exhibits in its own right, I recommend that it put on a separate 'SUPPLEMENTARY WITNESS STATEMENT - THE ADDED £60 IS UNRECOVERABLE' sheet.

Something like this one but don't repeat the Thornton & Vine wording as I've already added it above:

https://forums.moneysavingexpert.com/discussion/comment/76516852#Comment_76516852

You cannot show a video as a link, you need a tangible format that can't be altered, e.g. USB stick:
Quote:
XXXLINKXXX
You also need a costs schedule so search the forum for that too! Examples of all of the above are everywhere!

goingcrazy2019

Great - have done what you said and submitted. Thanks so much.


The day after I submitted I received VCS witness statement.


I'm now wondering what points I need to be very knowledgeable on. The things main points they rely on are listed below:

They openly admit to putting a notice on the vehicle and then within 5 days applied to get my details form the DVLA - my question is, if this is against POFA and IPC rules would this mean they do not have a case to pursue me in court? If they still do, I was not the driver so am I arguing that even if I was the driver they don't have a case because of the other points I've documented? (sorry if this is a stupid question).

Title and Interest
They state they have title and interest grounds to pursue me for the PCN and include a copy of the contract - it’s out of date but rolling, so I assume this gives them the right to pursue me/the driver? Johnson’s told me in April they were terminating the contract but this doesn't seem to be the case, anyway the contract was in force when my car was parked there.

Breach of Terms and Conditions
They say a customer only system is in place as evidenced by the signage stating 'Johnsons Cleaning Customer Parking only' and state that any car not belonging to a customer within the premises would be deemed as in breach of the terms and conditions. They reference the contract and Site Instructions which states that the parking officer must check in store before issuing a PCN, so the condition of being 'in store' is not on the signs or anywhere informing people entering the site.

Liability of Defendant to the Claimant
They go through points detailing that my car was parked in breach of terms and conditions and a card was affixed to the windscreen, they mention the appeals process but don't mention anything about receiving my appeal and not responding.

Authorities
Here they reference Thornton and Shoe Lane Parking, that the sign was offer and the act of parking was the acceptance of the offer. (no mention of a barrier as I have mentioned in my WS)

Then they reference Vine v Waltham Forest LBC and quote Roch LJ (obviously I have mentioned this misquote in my defence)

Then they quote Schedule 4 of POFA that they have the right to pursue me as the keeper

Then they state the signage is prominently displayed but use photographs from 2016 in daylight to support this. The photographs are out of date and don't show the current position of the signs and the surrounding advertising signs which mean the parking signs could be missed amongst the advertising. They also state signs are affixed to a lamp post which dos not actually hold a sign and there is not record of the sign on the lamppost (in their plans) which is external to the leased property (as referenced in my witness statement).

They then quote Parking Eye vs Bevis is respect of the driver accepting conditions of parking, and therefore a contract, based on entering and leaving the car on site.

The defendant's defence
They say they are legally entitled to pursue me for the charge

That their signs do comply with IPC code of practice

The deny that the grace period applies and state that the driver accepted the terms and conditions of parking by entering and leaving the vehicle (reference Parking Eye vs Bevis again)

They state the wording of the signs again

They state that they are entitled to claim the additional £60 as an additional cost

They quote the IPC code of conduct Part E Schedule 5 where they say they are entitled to claim a 'reasonable sum' where a charge remains unpaid to not exceed £60.

They claim their £60 did not exceed this sum therefore they are entitled to claim it.

Where I stated the shop was shut they state the signage says 'charges apply 24 hours a day', they say it is irrelevant that the shop was closed. It states that I didn't have a permit therefore was in breach of terms and conditions.

In their summary at the end they reference Parking Eye vs Bevis in that they have legitimate interest in enforcing the PCN's as stated and avers that the charges are 'neither extravagant or unconscionable'

They reference Chaplair Limited v Kumari court of appeal ruling "that does not alter the fact that it remains a contractual entitlement which the court will enforce subject to it equitable powered to disallow unreasonable expenses. There is nothing in respect of the CPR which enable the rules to exclude or override the contractual entitlement and I therefore agree with Arden LJ that the judge had jurisdiction to assess the costs free from any restraints imposed by CPR 27.14"


So - they don't mention anything about lighting of the signage at night.....
Nothing about there not being permits available.....


Any pointers to what I should be focusing on in court would be much appreciated, thanks in advance

goingcrazy2019

Hi - I’m in court this week so is there are chance of any pointers from anyone on the above VCS witness statement? Thanks.

Also, do I take my schedule of costs with me on the day?

TIA

Redx

Number each question and you may get answers

Your schedule of costs plus Exhibits should have been submitted with the WS , so 3 lots of items as a bundle , not one, get it or them to the claimant and to the court asap , taking a complete bundle on the day too

Quite a few answers are in other court case threads , plus others on here , the £60 is dealt with in the thread by CEC16 and the abuse of process threads , so read other threads , not just this one

The costs schedule has been addressed hundreds of times before , in other court claim threads , I know because I have read it umpteen times and have commented on it too

The same applies with other court cases like Thornton versus shoe , and Vine etc

goingcrazy2019

Thank you for all your help.

Judge did not uphold the claimants case.

Victory.

Redx

Well done

Another one bites the dust !!

Please give us more details about the judge , what happened before the hearing , plus the hearing ?

Did you claim and obtain costs etc ?

What decision swung it in your favour ? Details please