VCS Court Claim

MichaelJordan

Hello looking for a little bit of a steer on the defence statement if anyone would be so kind.

I've trawled various links on the newbies thread so hopefully done everything by the book so far and a summary of what has happened would be as follows.

VCS Fine received Oct 18
NTK received Oct 18 (7 days later)
Appealed Nov (within 21 days) to VCS as vehicle keeper.
Appeal was rejected as expected within the time frame permitted for response (22 days later)
Demand for payment received Dec 18 - Ignored
Final demand received Jan 19 - Ignored
Letter before claim received Jan 19 - Ignored
Received claim form Mar 19
Completed AOSwithin 19 days limit

Circumstances around the charge are that I didn't see the signage. Genuine error. I didn't see the private land signs due to poor lighting and the city center council car parks generally are free after 5:00pm so I left without knowing at the time I needed a ticket.

The nature of the NTK made me read up on the fine given difference from a normal council one and the extortionate pricing. I then thought I'd happily string it out. So I am where I am now. More than happy to attend court. Given the circumstances I'm happy to shape something based on the bargepole defence (the one with 9.0 paragraphs), it's just with reference to all the legal jargen which I'm still a little unsure. Are there any threads which break down each paragraph in lamens terms?

Photos supplied at the stage of appeal are all quite clear, but this is mainly because they have taken a photo a foot away with a flash. In reality photos I have from a week later are a lot more representative of the actual conditions. Noting at the time another poor sole had fallen victim and had a parking ticket. So I planned on using the images as part of my witness statement. Happily link to them on here to get peoples thoughts.

Thanks in advance.

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?


Also, have you based your forum username on your real name?

If so, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Redx

advanced edit the title to Court Claim from CCJ , at the moment there is no CCJ because it hasnt been near a court yet (your local county court will be used when you tell them in the DQ) - you can pm a board guide if you are unable to change the title yourself

yes base it on the BARGEPOLE one , then add your own comments in a different colour by editing your post accordingly , that way any changes or additions are easily spotted

because its a court case, the legal jargon is there for a reason

MichaelJordan

Thanks for the prompt replies.

Issue date 18th Mar. Came from the county court business centre with the Northampton postcode.

Real name not used. Will look to edit the bargepole one asap and upload.

KeithP

MichaelJordan wrote: »

Issue date 18th Mar. Came from the county court business centre with the Northampton postcode.

With a Claim Issue Date of 18th March, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 23rd April 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

MichaelJordan

Draft defence structured as follows, taken most relevant points from bargepole standard and other defence statements most closely aligned to my own. Reworded some content with regards to the lighting. Any feedback much appreciated:

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM No:!


BETWEEN:



-and-
(Defendant)



DEFENCE


1. The Defendant denies that the Claimant is entitled to relief in the sum claimed or at all.

2. The Defendant is the registered keeper of the vehicle in question. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at XXXXX car park on XX/XX/XX.!

3.The Particulars of Claim do not specify the legal basis upon which the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

4. Further and in the alternative, 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.

5. The terms on the Claimant's signage are also displayed in such a manner which is difficult to be read from a vehicle entering the area, and is in such a position that anyone that were to exit the area on a evening would not be aware that the area differs from the councils free parking initiative which runs after 5:00pm midweek in the city centre. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

6. The Claimant’s signage is unlit and therefore illegible in poor natural light in any event.

7. The facts are whilst using the car park situated at XXXX we incurred a "Parking Charge", the alleged offence was "Vehicle was not authorised to use the car park". It is denied that any contract was agreed or offered in prominent large lettering which resulted in the Defendant believing the Car Park was Free to use.

8. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

9. The Protection of Freedoms Act 2012, Schedule 4, at Section 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. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

I believe the facts contained in this Defence are true.!

Name!
Signature
Date

Coupon-mad

Looks good to me.

Come back at WS & evidence stage (not at DQ stage, please no, fed up with that!).

MichaelJordan

Hello again,

Only question on DQ stage (sorry I know advised not to). I've prepared response as per newbies thread. Only query is relating to the bit where the letter references 'serve copies on all parties'. My question is do I need to send a copy to the claimant?

Also is there an option to email similar to the defense submission? Trawled forum and don't see an obvious link on the money claim site which is a pity.

KeithP

Send your completed DQ to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory by re-reading post #5 above.

Send a copy to the Claimant - address on your Claim Form.

MichaelJordan

Evening all,

At the stage now where I have to complete the witness statement having received the notice of allocation hearing.

I was looking to go with the following as a statement and wondered if this suitable. Really looking to keep it simple and the main focus be on the poor lighting conditions on the car park for which I am supplying evidence.

Thanks in advance,

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
(Claimant)
and
(Defendant)

---

Witness Statement

---

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

2. On [DATE], I visited the a nearby restaurant with a friend, and parked my vehicle registration no, XXXXX in the car park.

3. The timing of our visit was a late evening, arriving approx. 9:00pm and therefore believing the car parking was free as per the city center which promotes free parking after 5:00pm as Exhibit A.

At the time of parking there is no lighting beside any of the signs in the car park and therefore my friend and I exited the car park unaware of the land being private.

Exhibit B shows the car park at the same time the following week. Please note the difference to the images supplied by the claimant which were either during the day or a result of a flash photograph at a closer distance that from what the car was parked.

4. 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.

5. 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.

6. 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

Redx

if they have added spurious costs to the claim, add the ABUSE OF PROCESS paragraphs by coupon mad to your WS

also add any exhibits and number them with your initials and the number like ABC001 , ABC002 etc


also do your costs order as this needs to be submitted at the same time , see the Stubborn Goat thread that CM assisted with