Vcn fine appeal rejected by ias

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?

Ghatz

The issue date is 23/7/19
The court address is listed as money court online county court business centre
St Katherine’s house
It states I can reply online

Ghatz

But is the defence section of this acknowledgment of service the place to prepare defence.

Redx

Ghatz wrote: »

But is the defence section of this acknowledgment of service the place to prepare defence.

definitely NOT

I already answered this

follow the walkthrough in the NEWBIES thread post #2 and do the AOS online

the SAR is done by email

nothing is done on paper at all with the CCBC

the defence is prepared in WORD or similar on your laptop or PC , then the defence will be emailed to the CCBC as a signed and dated PDF attachment , when completed, in about 4 to 5 weeks time

other than the AOS , nothing else is done online on the MCOL site apart from checking what has arrived and been sent out etc, info only

at the moment , no paperwork is filled in

capiche ?

KeithP

Ghatz wrote: »

The issue date is 23/7/19
The court address is listed as money court online county court business centre
St Katherine’s house

With a Claim Issue Date of 23rd July, you have until Monday 12th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 27th August 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Ghatz

Deadline pendning for submission of defence

HAvng read and re read the Newbies post

I am struggling with what to put in my defence the rudiments of my case as i see it are as follows

I was issued a PCN parking in a car park with two labelled bays for SUBWAY, there is a large advertising board for the store visable from the street and located on a building wall within the car park. My belief up until the PCN was that this was for customers and i have a receipt proving i was a customer. there is a singae detailing a permit is required and genuinely as detailed in my original appeal i pointed out that there was no provsion to obtain a permit. and this is the basis of the appeal being rejected. My arguement is that given the advertisement board, location and labelled bays indicating customer use i like a lay person would thought of this as a customer car park and at best the signage is contradictory.

I had parked her many times prior to PCN and had checked with store staff thatthe bays labelled where for customers. I was told they were on going back to get witness statement that this had been siad the store assiatnat no longer worked at this shop. Other staore assistant did not know whether this was the case or not regarding the parking bays.

I have also requested details of landowner and the terms in which penalties could be issued and whether this incuded litigation. this has still not been provided this has lead me to question the legitimacy of the PCN and whether this consttitutes a breach of contract if there is no evidence that a contract exists

This makes me belive that this may be a money making scam and would like to refence the fact that companies like VCS have been discussed and condemened in Parliament. however i am again unsure whether to do this or not or even if i can

I have mentioned POFA and inflated costs and double recovery

I am happy to upload what i have prepared if that would help guide someone to offer me assistance

May thanks in anticipation, Nursing is my forte not law and success to me would be paying less than what is currently being asked. Regards.

Le_Kirk

Check out the 17 pre-written defence examples in the NEWBIE sticky post # 2, select the one that most nearly suits your circumstances and add in any other legal/technical points, post here for critique.

Ghatz

DEFENCE PAPERWORK - NEED TO SUBMIT THIS WEEK ANY HELP GREATFULLY RECEIVED


Hi Guys any critique/pointers greatfully received, thanks in anticipation

this is where i am at so far and to be honest i am stuggling so any help gretafully received

Ghatz

Self amended still requiring assistance if possible?


IN THE COUNTY COURT

CLAIM No: ********

BETWEEN:

VCS LTD (Claimant0

-and-

+++++++ (Defendant)

1. The defendant denies that the claimant is entitled to relief in the sum claimed, or at all
2. The claimant reports that the signage is clear and sets out the terms in a sufficiently clear manner that would be capable of binding any reasonable person reading them. The defendant refutes this assertion providing photographs of the advertisement for the Subway store from the road, located in the grounds of the car park. On entering the car park there are two clearly defined bays labelled Subway. This gives the impression to the lay the person that the car park can be used for patrons of the store

2.1 The Defendant acknowledges that the signage states a valid permit must displayed and the defendant has highlighted that there was no provision to obtain a valid permit. Given the signage drawing customers and the bays being labelled as Subway it did not correlate that the valid permit was not referring to displaying a ticket as in other local car parks. And on this basis the defendant argues that the signage is confusing and unclear. This is based on the large advertising signage based within the boundaries of the car park giving a clear and simple visual message giving the impression that the car park is for patrons

3 The defendant reports that the car park had been used many times without issue of a parking charge notification and cites that the store assistant had previously given verbal assurance that the bays in question were for customer use. The defendant attempted to obtain a witness statement testifying to this but the store worker had relocated and other store assistants could not confirm or deny if the bays were for customer usage

4. The claimant is to provide strict proof that it has sufficient proprietary interest in the land. Or it has the necessary authorisation from the landowner to issues parking charge notifications and to pursue by means of litigation. Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement
To date this has not been provided. The defendant has been unsuccessful when attempting to locate the landowner to overturn this parking charge have. The defendant therefore questions the legitimacy of this parking charge. In the absence of the terms of when the landowner permits charges to be levied, the defendant argues that there has been no breach of contract and therefore the defendant has not entered in any contractual agreement with the claimant.

5. The Protections of Freedom Act 2012 schedule 4(5) states that the maximum sum that can be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60 pounds purported to be for debt collection charges. This appears to be an attempt at double recovery as the defendant does not accept that the claimant has incurred any legal costs and as highlighted by Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable cost for that specific claim, in a legal capacity and not administration costs. In addition in the Beavis case, ParkingEye were only able to seek the only stated ‘parking charge’ sum on their NTK since there was no quantifiable tariff.

KeithP

You do have a few more days, but bumped for comment.