County Court claim VCS

SteveTa

I have made a good start on the witness statement. I am a still a little confused as to what to incude having followed the links provided and extensively searched the forum. So I am going with


1. List of exhibits
2. Brief details about parking on the day and purchasing a ticket and placing on dash (I wasn't sure on how much of the 'previously filed defence' needed including in the witness statement or if I need to provide links etc. to case law or the detail included in the defence was sufficient.
3. Reference to exhibits. I looked at the link provided which is relates to parking in a residents space so a lot wasn't relevant. I am basically producing, the purchased ticket, the original PCN, letters sent by VCS and their associates, schedules and guidance from POFA and CRA, planning permission documents showing that they didn't have planning permission (unfortunately the links provided by Coupon mad seem defunct)
4. I have then gone through their statement and exhibits and highlighted all the contradictions such as;




28. In relation to exhibits included paginated in bundle AA1 referred to as site information. The bundle includes a close up undated photograph photograph of a sign. There is no indication of when this was taken and therefore its relevance can not be ascertained.



29. Also included are a further 13 photographs dated 1st April 2015 which does not relate to the date of the parking incident. The claimant is therefore put to strict proof on the presence of any signage claimed to be present on the day of the alleged parking incident.





30. Contained in bundle AA1 are two photographs, one of the entrance to the car park and the other of a payment machine. As can be clearly seen in the photographs there is no signage present at the entrance to the land or at the machine. Given that the claim form completed by the claimant states ‘The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations’, the claimant has provided contradictory evidence.



31. Paragraph 14 of the claimant’s witness statement also states that warning signs are visit upon entry to the car park which is again contradicted by the photographs provided by the claimant.





32. The parking charge notice dated the #### provided in evidence as exhibit reference AA2 states in the box marked ‘w/signs’ the number 2 which would indicate that a total of 2 warning signs were present at the site, paragraph 14 of the claimants witness statement states 6 warning signs again the document completed on the day contradicts the witness statement provided by Ambreen Arshad. Given that no photographs of signage present on the day are provided there is a concern that the photographs of signage present on #### was not present on the date of the alleged incident.





33. If on strict proof the claimant can demonstrate the signage that photographs dated the 1st April 2015 were present on the day, it is argued that the signange is not clear and also confusing and misleading given that one sign appears to say ‘CAR PARKING 50p PER HOUR and the other larger one appears to state ‘UP TO 2 HOURS - £2.20’ and ‘ALL DAY - £4’.


I will need to hand deliver this to the court and serve on the claimants by email as the deadline set by the court is tomorrow so any comments would be greatly appreciated particularly on the relevance of the 'rebuttals'.


Thanks again

Le_Kirk

"This is my Witness Statement in support of my defence as already filed" If you say that then you do not need to reiterate your defence. Your witness statement is a narrative, written in the first person, your story of what happened on the day and subsequently. Your evidence is whatever you pointed at in the defence - in your case your ticket. Signage is usually cited, do you have photos of poor signage? You refer to each piece of evidence by a reference number, for example SteveTa001, and you keep those together, tabbed and in a binder along with your WS so that anyone reading the WS can quickly refer to tab SteveTa001 and then look for the relevant tab.

There are lots of WSs on the forum so look for one that doesn't refer to Own Space defence.

SteveTa

Thank you for getting back to me. I will add that wording to the WS. I must be terrible at searching as I have searched various terms'witness statement', 'draft witness statement' and I cannot find a single witness statement draft for a fluttering ticket defence. If anyone has a link I would be extremely grateful. Hopefully with one of them I can see if the manner in which I am challenging their inconsistencies is appropriate.

KeithP

Here's one from earlier this month:
forums.moneysavingexpert.com/showpost.php?p=76450957&postcount=8

One from last month:
forums.moneysavingexpert.com/showpost.php?p=76438315&postcount=140

Another from October:
forums.moneysavingexpert.com/showpost.php?p=76403603&postcount=18

There are many many more.

Your searching skills need honing.


I used the words Witness and Fluttering in the forums search facility, choosing 'show posts'.

SteveTa

Unfortunately I could not get on the site for some reason last night, it said my IP address had been banned. The papers have been served with the court today in person(deadline today) and emailed to the email address on VCS correspondence. Sorry it a daft question but should I also post a copy to them? I have an automated response to their email as proof but would be pleased to hear an expert view. Thanks

Coupon-mad

Yes, post a copy at a PO Counter, ask for a FREE certificate of posting, and keep it.

Your IP addy was banned due to copying & pasting from a Word doc.

Did you do all of this, as i advised, and did you include the CRA 2015 as evidence?

Yes, she needs a WS, here is a good example - below - which includes the latest tactic (new this week) about citing Schedule 2 of the CRA 2015 schedule 2 (the grey list of unfair terms) and putting that into evidence with 6, 10 and 14 highlighted - plus her other exhibits, photos and evidence relevant to her case:

https://forums.moneysavingexpert.com/discussion/comment/76495237#Comment_76495237

How to file & serve the WS is covered in every single thread about court. NOT BY EMAIL is the simple answer - save our typing fingers by reading any other case about witness statements and costs schedule (she needs one of those too, and it's in the link).

All of this is already in COURT PROCEDURES by bargepole (in the NEWBIES thread).

So stop and have a read of that and CEC16's thread first - no link to that one...go find it and read it. Then use the link I gave you above which will make a lot more sense after you read CEC16's court report.

SteveTa

Included everything recommended plus added in paragraphs challenging each thing they had got wrong such as parking attendant noting 2 signs and them providing photos of 6 with a different date. Their statement saying signs at entrance and their exhibits showing the opposite. Included planning expiration docs as recommended by coupon mad, Google map image showing different signage. ANYHOW TODAY MY MUM RECEIVED AN EMAIL TITLED URGENT FROM VCS WITH DISCONTINUATION OF ACTION. SO HUGE THANK YOU TO THOSE THAT HAVE HELPED IN ANYWAY.

Coupon-mad

Yay, your Mum must be happy - she took a leap of faith with us lot, and she won!

:T

ANOTHER ONE BITES THE DUST!

SteveTa

She is absolutely over the moon Coupon Mad. She was really upset by it but wanted to fight it all the way on principal. This forum was brilliant and for the likes of yourself to take the time to help for nothing in return is such a kind thing. Thanks again

Le_Kirk

Great outcome, so pleased for you and your Mum.