VCS Defence draft

0range

Douchbag! Who would have thought I'd checked that 3 times!!!!

0range

Coupon-mad wrote: »

Yes.

Yes you must file & serve all your evidence.
You can just take 3 copies to hand out on the day as both are statute laws - make sure you are ready to say (if the C objects that this wasn't in your defence) that para 71 of the CRA says a court has a duty to consider the test of fairness in the CRA (i.e. the grey list and the rest of the Act) whether or not a consumer raises it in defence, witness statement or indeed, AT ALL!

Just printing stuff, do I need to send identical pack to the claimant?
When they sent my partner their witness statement, they didn't include any evidence at all, just a supplementary statement from the dude repping them.

0range

Last call out for for someone to have a glance over this please before I hit print, have to deliver it to court in the morning.

I know my exhibits aren't in the correct order, but they will be.

0range wrote: »

I've made some amendments to my Witness statement, here it is again.
Looking to deliver this to court tomorrow.

I know my 'exhibits' aren't currently properly ordered but they will be

In the XXXXXXXXXX
Claim No. XXXXXXXXXX
Between
Vehicle Control Services Limited (Claimant)
and
XXXXXXXXXXXXXX

---

Witness Statement for XXXXXXXXXXXXXXX

---

Enclosed herewith are key statements in support of my defence against the imposed parking notice charge dated 31.05.2015


Key points in defence


1. I am the Defendant and at the time of the claim, was the registered keep of the vehicle XXXXXX detailed in the Claimants particulars.

2. I deny that the Claimant is entitles to relief in the sum claimed, or at all.

3. The Claimant asserts that I was in breach of contract, breaching the terms and conditions set on private land, and is seeking payment of £185. Which I believe is an abuse of process.

4. I have been a resident at XXXXXXXXX since 2011, the site of said breach of contract and am authorised to park there.

Considerations for the repudiation of the Claim

5. I have been a resident for over 8 years, my partner XXXXXXXX is the Leaseholder to the property of XXXXXXXX. I have parked a vehicle, for which I have been the registered keeper, within the designated visitor parking bays at the development for this period, displaying a parking permit at all times.

6. The claimant - Vehicle Control Services, is under the employment of the development management company (XXXXXXXXXXXXX) made up of residents and Leaseholders to which my partner XXXXXXXXXXXX is one of the Directors, and the Leaseholder of property xxxxxxxwhere alleged breach occurred. We as residents, contribute to the claimant a yearly service charge for the services of management to the car parking areas, to which I believe I have rightful access to and permission to park a vehicle.

7. Detailed on the SAR (Exhibit A) and letters from various recovery agents (Exhibit it details the location as ‘xxxxxxxxxxx (xxxxxxxxxxxxxx)’. xxxxxxxxxxxxxxx are no longer and were not at the time, the property management company responsible for the development, nor are/were they the land owner at any time.

8. It is understood by XXXXXXXXXXX t - the property management company, that residents and visitors are allowed to use visitors spots to park in, on a first come first served basis, as long as they display the correct permit for this space. This practice has been going on for as long as I (since 2011) and my partner – XXXXXXXX the Leaseholder, have resided at the property. One of those residents who parked in the visitors spaces whilst residing at the development was in fact the very person responsible for the contract with Vehicle Control Services, the Director and Property Manager of XXXXXXXXXXX XXXXXXXXXXXXXXX.

9. During email conversations with the Property Manager XXXXXXX about this ‘Parking Charge Notice’ and a ‘This is not a parking charge’ card, a Vehicle Control Services officer left on my windscreen 20/03/2017 13.59PM, (which Vehicle Control Services clearly made in error as by their own photographic evidence obtained in the SAR (Exhibit A). It can be seen that my vehicle is parked in the correct bay with the correct permit). XXXXXX the Property Manager’s replies can be seen in Exhibit C where she writes:-

9.1. in the email dated 22 Mar 2017 14:58 ‘I wasn't aware that was an 'offence' and that's what I always did and never got a ticket.’

9.2. Then on 23 Mar 2017 13:43 ‘I wasn't aware they were issuing tickets for people using Visitors spaces.’

9.3. and on 19 November 2109 at 17:33 ‘In regards to the visitors spaces my understanding is that these are just on a first come first serve basis. Residents can use them if they are available and they display the correct permit.’

10. The claimant is seeking compensation for an alleged breach of their contractual obligations by displaying an expired parking permit attributed to my vehicle at the time – dated 31st May 2015 – whereby the permit was observed as being expired 23 minutes past midnight (midnight being the time of expiry).

11. There was no loss to the Claimant as they are paid a yearly fee by XXXXXXX and there was no loss to their clients XXXXXXXXXXXXX, nor to residents. No residents missed out on being able to park their vehicle in car park, as finding a spot in this zone is never an issue.

12. It was witnessed that the claimant had issued numerous ‘Parking Charge Notice’ penalties simultaneously to vehicles within the private parking zone at the time or immediately succeeding the expiration of the parking permits, including to my partner the Leaseholder of XXX, XXXXXXX. Yet on the ‘Parking Charge Notice’ (Exhibit A) attached to my vehicle, which was parked directly next to XXXXXXX vehicle, it details “all other vehicles had 2016 permits in”, which is not a truthful statement made and signed by the Patrol Officer, XXXXXXX, since XXXXXXX and other residents had also been issued ‘Parking Charge Notices’.


13. On Friday 15th November 2019, at The County Court in XXXXXXX Vehicle Control Services vs XXXXXXXXXX. The District Judge Jackson ruled against Vehicle Control Services and in the favour of XXXXXXXXXXXX - my partner and the Leaseholder of XXXXXXXXXX. The claim of charges were for a PCN issued at the same time, for the same reasons, in the same car park as the PCN issued to my vehicle, at my residence (Exhibit C provides prove of residence through council tax bills dating back to 2011)

14. As noted in my Defence, there is a large body of previously heard parking ticket cases which establishes facts and protects the rights enjoyed by tenants and leaseholder residents.
In Link Parking Ltd v Parkinson [2016] C7GF50J7, the Judge, referring to a similar case in In Pace Recovery v Noor [2016] C6GF14F0 [2016] ruled that: “…the Judge in that case found that the parking company could not amend the terms of the tenancy agreement to bind a tenant, but rather that it would have to be the other party to the contract.''

15. As a resident I have a right to use and enjoyment of the development, and as such the claimant has interfered with this.

15.1. In the case Jopson v Homeguard [2016] B9GF0A9E, where the ParkingEye Ltd v Beavis [2015] UKSC 67 case was fully distinguished and it was held that a parking company could not override a resident's rights and easements just by putting some signs up and issuing unsolicited permits, as if display of same suddenly formed part of the estate residents' lawful obligations.

15.1.1. Yes there is signage, not visible to read in darkness – certainly not at 23 minutes past midnight, the time the ‘Parking Charge Notice’ was issued and as Vehicle Control Services did not provide a copy of the signage that was present at the time in my SAR I cannot expand further as its content. However a photo of the signage they sent with the SAR dated 20/03/2017 the signage states “If a valid permit/ticket is required, the permit/ticket must be clearly displayed” (exhibit E) . As I have permission to park within the development then I do not need permission from Vehicle Control Services, therefore no permit is needed rendering their signs not applicable.

16. In accordance with the property lease – there is no mention of the necessity for the tenant/leaseholder of the property to present a permit to park a vehicle in the designated parking zone, parking space belonging to the apartment, or visitor parking spaces, only at the Fourth Schedule (Regulations) Clause 23 para 23 “not to keep place or permit to be kept or placed in or upon the parking space or spaces any commercial vehicle any caravan boat trailer house on wheels or any other apparatus capable of being towed.”

17. I wish to challenge the ‘Parking Charge Notice’ on the grounds of being a long term resident, to have it considered and to challenge the alleged unnecessary malicious attempts of the Claimant to penalise me relating to a parking permit that had expired by 23 minutes and had been promptly acted against with no ‘leniency period’.

18. The ‘leniency period’ being referred to here is as such. Owing to a plethora of complaints from long-standing residents concerning PCN’s issued for failure to display a valid parking permit for one reason or another – an arrangement has been agreed between the development resident company and the Parking Company to allow a 2 week leniency period allowing the resident to replace an expired parking permit with a valid permit. Emails between the Property Manager and the Claimant have been provided for me by XXXXXXX (Exhibit D) where the Property Manager references said leniency period.

18.1. In May 2016 XXXXXXXX in email to Vehicle Control Services “Quite a few people will be going on holiday during this time so I suggest a period of grace with issuing tickets.
I have advised the 7 tenants with missing permits to continue to display their 2015/16 permit until the new ones are issued.” This also shows the allowance of use of previous permits is taken as valid.

18.2. In May 2019 XXXXXXXXX has provided another email where she is again talks about the leniency period and outlines that residents should not be penalised. “Please can you ensure that a period of grace is given 7 days before and 7 days after the 29th May 2019. This should cover anyone who is on holiday during this period and either displays their new permit too early and does not get their permit in time for the new period. This is not why we have the parking regulations and this is a busy period for people going away as it is school holidays so quite common that people will display the permit upon receipt on the 25th May or not get it in time for having it there for the 30th May.”

18.3. Within these emails there is also evidence of a history of permits being delivered late to the Property Manager and in turn then to the residents. Which is another reason as to why the leniency period is in place, as residents are unable to change over their permits in time.

19. I wish to challenge the PCN, the additional interest and court fees that have been added to the cost of the original alleged penalty, due to the claimant showing an abuse of process. Please refer to my Supplementary Witness Statement, where I provide more detail, with recent cases such as

19.1. at para 10.1. In the Caernarfon Court in Case number FTQZ4W28 (Vehicle Control Services Ltd v Davies) on 4th September 2019, District Judge Jones-Evans stated:” the claim is struck out and declared to be wholly without merit and an abuse of process.''

19.2. at para 10.3.2. in case F0DP201T at Southampton Court, 10th June 2019 District Judge Taylor ordered that ‘’The claim is struck out as an abuse of process.’’
"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay. This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998 "

20. In summary, I the Defendant believes that the Claimant has no right to enforce a PCN as no such permit requirements are detailed in the leasehold agreement, also that the Claimant demonstrates an abuse of process. The Judge is invited to strike out the Claim on these grounds. I the Defendant, would also like to claim expenses in defending this claim set out in the Schedule of Costs.


STATEMENT OF TRUTH

I believe the contents of this witness statement to be true



Date: XXXXXXXXX


Signed





XXXXXXXXX

Coupon-mad

0range wrote: »

Just printing stuff, do I need to send identical pack to the claimant?

Yes, but as I said before, NOT the statute law, not needed, just take that on the day x 3.

When they sent my partner their witness statement, they didn't include any evidence at all, just a supplementary statement from the dude repping them.

Which dude repping them, a solicitor firm?

Are you saying they included NO EVIDENCE, no photos, no landowner authority, no case law...nothing? Usually they go on about Vine v Waltham Forest etc.

Vehicle Control Services officer

Don't say 'officer'. No, he/she flipping well wasn't an 'officer' so don't build their status up in the mind of the Judge reading your words.

1505grandad

Just checking - lots of dates mentioned including:-

"9.3. and on 19 November 2109 at 17:33 .............."

is it 2019 - previous paras mention 2017?

0range

Well, I did post to say that on the 6th December I WON this case but for some reason it didn't post!
YEY!!!! ANOTHER ONE BITES THE DUST!!! (doing a little dance)


So both my partner and I have defeated the VCS monster, both residential cases - PCNs issued at the same time, he was parked in his own spot and I was parked in a visitor spot next to him.
Permits expired at 12 midnight and sneaky VCS issued PCNs around 40 mins after this.


My partners case was 2 weeks before mine in Bradford,it was very short and dismissed, with VCS being ordered to pay the Set Aside fee and Admin fee he had to pay to fight it (after finding out he had a CCJ against him) totaling £265. Judge basically said the contract VCS have couldn't override his lease.
https://forums.moneysavingexpert.com/discussion/6027959/ccj-no-court-papers


Mine was at Leeds Crown Court and although it was scheduled for 2pm it wasn't heard till around 4pm, as there were a few cases that got slotted in last minute.So be prepared to wait if you are about to go to court for the first time like I was. The VCS Solicitor came to have a 'chat' with me when I arrived and asked if I wanted to discuss anything - which I didn't
It took the full 30 mins, with the judge needing a little more time to write up some notes afterwards as he said although the judgement was straightforward it also wasn't. Which made me worry that it wasn't going to go my way, even though I had a good feeling in terms of the questions he had asked and the response he had given to us both at times.
I didn't talk much only when the judge asked questions, which I was a little disappointed about after doing all my prep (probably too much) The judge at the beginning asked if I was representing myself and when I said yes, he said he was surprised as he wouldn't have believed I didn't have representation looking at the bundle I had provided. Not sure if that was a compliment or not, but I took it as one
The VCS solicitor did all the work for me really. She kept pushing the point that I wasn't on the lease so I couldn't claim the same rights. As well as pushing the Beavis case, saying as a member of the public, there were signs, I had entered into an contract by entering the car park.
Both points the judge said he couldn't get on board with, as I wasn't a member of the public but a resident, and as such, my name may not be on the lease but I still had rights as a resident.
He also asked why on earth the claim was only just being brought to court by VCS, 4 years after the event.

I took notes and was ready to fight and did fight some of the points the solicitor brought up, she couldn't defend some of the points properly, especially when I pushed back on some points that had been detailed in the VCS witness statement, where my knowledge far outweighed hers.
There were several inaccuracies in it, one of which was the I had admitted to being the driver at the time of the event - I didn't need to defend this point but would have if needed, as I had never said I had been the driver. Another point was that the 'patrol officer' had noted on the PCN that all other vehicles had the correct permits, which wasn't truthful as my partner didn't and received a PCN as did 5 or 6 others. This I did make a point of, and the Judge made comment that the patrol officer would have known that it was the date of pass change over. which led on to why the leniency period had come into play, something the solicitor had no knowledge of.

So the DJ sent us out so he could do his notes and then called us back in, where he dismissed the claim, and awarded me some, not all of my costs £89.00. Still a result in my books!

I realised today they still haven't paid despite agreeing to pay with 14 days. Time to chase!!!!
...funny how if the shoe was on the other foot, I would have had all sorts of demands and threats by now!

Coupon-mad

Yay - well done! you are entitled to your little dance...and reiterating what you said!

ANOTHER ONE BITES THE DUST!!!

In fact, ANOTHER TWO VCS ONES BITE THE DUST, thanks to you both!

:T

0range

Coupon Mad, and the rest of you who fight the good fight....

:T:T:T:T:T THANK YOU! :T:T:T:T:T

The info and advice on here was so valuable and I really appreciate the time you put into helping people fight these pesky time sucking, worry inducing, money draining dirges:

The time needs to come fast where they are no longer allowed to operate!

Coupon-mad

If you still live there, send a copy of both judgment orders to your Managing Agent and tell them you consider the actions of their agent to be illegal harassment and you require them to cease and desist and 'whitelist' your vehicles and in addition, ban the parking firm from putting PCNs on any car in your space. Also to note that you do not accept any permit scheme takes precedence over your rights as residents and by parking or loading/unloading anywhere within the boundary (whether in a bay or not), you and your visitors and delivery drivers are NEVER entering into any contract with any parking firm.

But ideally, you want the MA to stop the entire scam and remove the parking firm entirely as the residents' lives are being made a misery and the location is not one that needs a parking firm at all. No residential site needs a parking scammer.

Ralph-y

well done .... :j
how about a LBA for the outstanding amount ~~~?


Ralph:cool: