VCS parking in restricted area & claim from from CCBC

upstanding

Proof read further and made some last minute amendments to typos and paragraphs below, namely 6, 7, 13 so just pasted them here for the once over and will then format correctly and add in personal details etc. Hoping it is good to go and then can focus thoughts on witness statement and whereby it may be easier to get certain points across, fingers crossed: If I have given too much away here please say so.

6. The terms on the Claimant's signage are also displayed in a font, which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily, notwithstanding that there are multitude of signs in different colours, offering a variety of choice, from Pay & Display, No Parking at Anytime Warning of Weather Conditions or Business name signage, most of which are obscured from view by either overgrowth, other drivers exiting the area or parked cars in front of the signage at the entrance of car park accessed from XXX Street. The second entrance to this car park with access from xxxx supermarket is completely unsigned. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract, failing to set out the terms in a sufficiently clear manner for any person reading them.

7. The Defendant understands that a sign of ‘No Parking at Anytime’ – Terms and Conditions apply - to be a forbidding sign, i.e. No offer of parking and therefore there could be no ‘contract’ and hence no breach as indeed there were no Terms and Conditions stated.

13. In respect of the unspecified costs that have been added onto the original Parking Charge Notice of £100, the Claimant should be put to proof that any costs have been incurred (at all), other than court fees. There are no Terms and Conditions advising that an additional £60 will be incurred for what the Claimant refers to as the ‘outstanding balance’. Example of which would be a default charge of £12 for missed payment on a credit card; this being clearly highlighted within the Terms and Conditions which one is aware of when agreeing a contract with Credit Card Company. In contrast there is no such agreement here. The Defendant also would point out that the VCS invoice does not show either a registered VAT number for this Company and does not specific the amount of VAT applicable on said invoice.

thanks again everybody

Snakes_Belly

Just one small point, where you have put obscured by overgrowth I would put also random signage because there are about six different signs at the entrance including mobile signs in front of Excel's sign.

upstanding

Thanks SB will do , fingers crossed I am the homeward stretch to get is submitted.

Snakes_Belly

I still can't help but think that these VCS old claims from 2015 are a try on. They are usually quite quick off the mark. They may be sending out these old claims on the basis that many will pay up when threatened with court.

upstanding

If that's their cunning plan, let's hope perhaps cases get thrown out before the court stage or are dismissed for all the obvious reasons and even more for wasting court time! Printing off Defence and submitting today -thanks for all your support and words of wisdom and from OP's too who have contributed and shared their knowledge. Will update as and when we hear anything further.

upstanding

Quick update folks - defence submitted yesterday before today's deadline - email receipt confirming it had been delivered.
Interestingly on checking on MCOL earlier it states :Your defence was received on 24/07/2019 but it was received yesterday. Also DQ sent to you on 24/07/2019
So will see how long it takes for that to arrive .

upstanding

DQ arrived today so now time to do more reading and following instructions!!

upstanding

Thanks SB - your box full. Nothing back from SAR yet - I sent it on 8th July and had a 'delivered receipt' back but as yet have not received a 'read receipt' so unsure if either not opened or ignoring it all together. Is it 30 days that they should respond in? - that would make it Wed 7th August and i have read so many posts now I can't recall should I be chasing them up after that date or not - my memory seemed to think NOT as this would show the Court that they haven't adhered to the protocol that they are meant to. Think Keep Calm got their response on the 30 day mark.
I need to complete DQ and return it by 12th but thought we would make them wait for it - reading it, it simply seems to be a tick box exercise. just need to clarify in box where it says witness - assuming we just tick 1 but if I was going to speak as Lay Representative for other half, I assume we either have to ask or inform the Court of that intention? Perhaps other forum members could give clarification please and Is there anything else we should be doing at this stage - other than attempting to prepare WS?

Snakes_Belly

I would start looking at the witness statement and hopefully you will get their WS before your WS needs to be submitted. Mine came earlier so I could pull it apart.

Not sure whether you can speak as a lay representative. You may need to be legally trained for that. Perhaps some of the other posters can help with that one as to what you can do.

Umkomaas

I need to complete DQ and return it by 12th but thought we would make them wait for it - reading it, it simply seems to be a tick box exercise. just need to clarify in box where it says witness - assuming we just tick 1 but if I was going to speak as Lay Representative for other half, I assume we either have to ask or inform the Court of that intention? Perhaps other forum members could give clarification please and Is there anything else we should be doing at this stage - other than attempting to prepare WS?

I haven't read back over this thread, but I assume that everything submitted so far has been done so in the name of the person (your 'other half') named on the County Court Claim? There are a number of statements like the first sentence above .... 'I need to complete DQ', that just make me query this.

In terms of Lay Representation - there is no legal qualification requirements. Your other half should simply inform the court usher on arrival that you will act as Lay Representative.

There is another form of assisting the defendant in court - that of a McKenzie Friend. I would Google both MF and LR to understand the roles and differences, because some Judges have asked for clarification of the role to be adopted just before starting the hearing.