Markham Retail Park Chesterfield - Now County Court Business Centre

dalew007

Sorry yes, i meant email, was late last night after one hell of a day at work then come home to find that.



Thanks Red X, i dont own the car any more so ill copy the N1.



Thanks Coupon Mad, it is a great read, you lot are a great help and credit to this site. There are so many many links to click i ended up going off and reading alsorts of information and ended up getting myself in a muddle with it all.



Emails going out today to VCS people.

dalew007

If anyone could offer some advice about drafting up a defense that would be greatly appreciated. I have read through a couple on the Newbies thread and the defences are tailored to the each person from what i can tell.
Where do i start in terms of what to defend against, sorry if this sounds a bit simple.

dalew007

I have also checked on google maps and it appears all signage has now changed from back in 2015.
Will this help in part of my defence?
I cant quite tell if VCS are still working on this site.

Redx

dalew007 wrote: »

If anyone could offer some advice about drafting up a defense that would be greatly appreciated. I have read through a couple on the Newbies thread and the defences are tailored to the each person from what i can tell.
Where do i start in terms of what to defend against, sorry if this sounds a bit simple.

of course they are tailored , that is what the examples are, tailored defences already used by others and linked as starters for people like you

if you cannot adapt one , then start with the bargepole ones, here is what CM said about this topic

most people can use bargepole's concise template defence from the NEWBIES thread, and add in a point or two about the facts of the case/contravention/why they are not liable.
And a point about no landowner authority as seen in other defences and add the ABUSE OF PROCESS paragraphs by coupon-mad, and renumber all paragraphs.

so that is where you start if nothing else fits the bill (nobody here will do it for you, I can guarantee you that)

and there is no S in DEFENCE

email a SAR to the DPO at VCS if not done already to get all docs , pics and data on you and the vehicle VRM they are using

you can and should put them to proof of signage that existed at the time, their alleged contract relies on it, so you should get these at the WS + EXHIBITS stage (which you are nowhere near yet) , any signage now is not relevant if it is different than in 2015


try google maps and use their goback function to try and see what the 2015 signs were

dalew007

Thanks Red,

I have sent the email for SAR, i have also carried out the AoS after following the instructions in the newbies thread, i was just a bit concerned where to start the defence as there are quite a few.

Ill take a look at those again and draft something together.

Can i say on here about the contravention or am i best not?

Redx

its never a good idea to talk in the first person

so you can talk about what the DRIVER did on the day (or allegedly did on the day) , what the KEEPER has received in the post since that fateful day, plus what the claimant alleges the actual contravention was, as if narrating a story that you had no involvement in (such as if I was telling somebodyelse about YOUR case

the ones who lose money use the following words

"MY , ME , MYSELF & especially I"

dalew007

ok,

according to the letter from the company they use the word You when describing the event.

During the period of time for which you left the retail park, you were not a customer on site. Your vehicle was therefore parked contrary to the T&Cs during this time, not with standing that you were a customer for part of your period of parking. Accordingly, this noticed was issued correctly. You were observed to leave site by our patrol officer, the statement of whom is legally admissible as evidence in court should the matter proceed that far.

Our patrol officer was unable to affix the notice to your vehicle as the vehicle was driven off site prior to the notice being completed.

Redx

in which case their interpretation of YOU is YOU the keeper of the vehicle, as registered at the DVLA at the time

this means that UNLESS you have named the driver , then they are assuming that YOU were the driver, even if they have no proof , so their assumption may be correct, but may not be correct and even so there is no legal requirement to name the driver or admit who was driving on the day either

so if YOU have not told them who was driving , then you defend as keeper UNLESS there is a need to do it differently


as for going off site , I doubt that a map of the site has been provided , nor anything showing the boundaries , nor proof of the person whop left the site or their name


its all bluff and bluster, with too many assumptions and no hard facts

there are plenty of other threads about "leaving the site" so I would read some of those and see if any have a defence written

you are definitely not the first to be accused of "leaving site" and wont be the last either , plus I doubt their patrol officer will be in the court room for you to cross examine


a leaving site case is extremely difficult to prove by any claimant

dalew007

I have not heard back from the SAR yet as that may have some information in it from when the IAS kangaroo court appeal was completed. As it was a few years ago i cant remember what was written in the defence.

Ill go look for some leaving site defences and see what i can come up with

Many thanks for the pointers.

beamerguy

dalew007 wrote: »

ok,

according to the letter from the company they use the word You when describing the event.

During the period of time for which you left the retail park, you were not a customer on site. Your vehicle was therefore parked contrary to the T&Cs during this time, not with standing that you were a customer for part of your period of parking. Accordingly, this noticed was issued correctly. You were observed to leave site by our patrol officer, the statement of whom is legally admissible as evidence in court should the matter proceed that far.

Our patrol officer was unable to affix the notice to your vehicle as the vehicle was driven off site prior to the notice being completed.

What a load of tosh ...... OMG these parking vermin do live in dream world

I have a vision of the parking chimp running up the road trying to catch the car up :rotfl:

You, Me, they ...... they don't know ?

On the subject of Statement of Truth, will they risk a lie to the court especially if they are going to add a fake charge above the parking ticket charge

For reference read this
https://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=163