VCS 'Parking Outside Designated Bay' defence helpppp needed!

bambooparking

yes, verbally

if i list my neighbour as a witness with a WS, does he need to physically attend court too?

NeilCr

bambooparking wrote: »

yes, verbally

if i list my neighbour as a witness with a WS, does he need to physically attend court too?

Not sure he has the authority as the tenant to do that?

Others, more knowledgable will comment.

Why are you concerned whether or not he has attend court as a witness?

Coupon-mad

do you mean to say I should get a letter from the neighbour who is a tenant by the way and not the landowner of the bay which i parked in that pre-dates the ticket saying they give authority for me to park in the bay because they don't use the bay?

Not as such - Johnersh is a solicitor - read post #34. No pre-dating a letter.

The tenant should sign & date a proper witness statement producing their tenancy agreement showing their right to the bay and saying that since xx/xx/18 (or whenever you originally came to this ongoing agreement between you) he/she has allowed you to use the bay allocated to them and they believe they have primacy of contract due to the bay being allocated to them and their authorised family & friends as visitors, and that the tenancy agreement is silent about any 'permit' being needed to enjoy the rights handed down by the leasehold owner of the flat to which the space is allocated or demised, by way of right, grant or easement.

Have they lived there more than 20 years or know that the bay was always OK to be used this way for 20 years? If so, that creates an easement by prescription (look it up).

bambooparking

NeilCr wrote: »

Not sure he has the authority as the tenant to do that?

Others, more knowledgable will comment.

Why are you concerned whether or not he has attend court as a witness?

I need to know so I can ask him about dates for his availability before I send my DQ form off! it would obviously be easier if he didnt have to come too, so I just wanted to double check

and thanks Coupon-Mad again! So, for my dads case there will be 2 witnesses (his WS and the neighbours WS) or should i do one as well as the driver?

Coupon-mad

The more WS the better, especially if they are prepared to attend the hearing. If the neighbour won't be able to come, then at least get their signed/dated WS as I described and a copy of any part of their tenancy agreement that shows the space as allocated or emails from their leaseholder landlord confirming he has granted them exclusive rights to use it.

Plus the front pages of their tenancy agreement to prove it's the right one, for that property/that space, in case the Claimant says the excerpts you produce with the neighbour's agreement are from an unrelated flat! (they will try anything, so think of everything).

[Deleted User]

There may be a risk that the tenancy agreements don't allow it, but if the neighbour gave permission and in doing so infringed no-one else's rights, the o/p held a licence to park (that's the technical term for the temporary permission). That may give rise to a debate as to permits for the bay, but that's not the breach they are pursuing with your PCN.

If it's part of a wheel as supposed to an obstruction, consider the argument that it's minimal and should not be enforced anyway.

Snakes_Belly

The neighbour may need permission from the owner if they were sub letting the car parking space but this appears to be an informal temporary arrangement.

The case mentioned in my previous posts was a knock on effect and no one had been disadvantaged.

bambooparking

I've just received a letter states "general form of judgement or order" and it says the following.
1. The Defendant has permission to amend his defence in accordance with the draft signed and dated 8th May 2019.
2. The Defendant is to file at court and serve upon the Claimant his amended Defence by 4pm on 12th June 2019.
3. This Order has been made without a hearing under the Court's case management powers contained in the Civil Procedure Rule, Part 3.
You may within 7 days of the service of this order apply to the Court to set it aside or to vary the order under Part 23, Rule 10. You must file with the Court and serve on the other parties an application that sets out your reasons for objection. A fee is payable upon filing of the application.
When your objection is received the matter will be listed for a hearing unless you ask the Court to vary the order without a hearing.


Can someone explain this to me in simple terms? I have already emailed VCS the amended defence. What do I have to do now?
Thanks

nosferatu1001

You need to do what 2 tells you to do - file the amended defence WITH THE COURT as well as with VCS
Do VCS accept service via email? They have been known to claim it was not served before now.

Was your defence truly amended - you took the original one and crossed out any deletions, and any additions were made in red, so they can be easily seen?

bambooparking

so I print and drop off the defence to the county court, i can do it person? do i submit the witness statement and all that at this point too?
I can post it vehicle control services as well, by I remember earlier in this thread someone said mail is fine, I cced myself in as well so I can print that out as proof?