VCS Court claim - defence for a resident

KeithP

stevejones23 wrote: »

In terms of a timeline the letter from the court does not specifically state when I (defendant) should submit a witness statement. It gives a date for the claimant to do so which is almost a month before the court date. Is this normal and do I work on the assuption of submitting witness statement and evidence no later than 14 days before the hearing?

Have you received a Notice of Allocation?
Does it give a date for the hearing?

Does it also say something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Do not assume. Enquire of the court if they really haven't given a date.

Le_Kirk

^^^^ What he said!

stevejones23

Hi



Sorry for the slow response I have been travelling with work.


I do have a notice of allocation but as far as I can tell it only says the following:


Court date

Instruction for the claimant to provide a properly completed allocation and court fee of £25



It makes no mention of a deadline for witness statements.



Is that normal? Should I email the court to check?


Thanks


Ste

KeithP

As I said over two weeks ago:

KeithP wrote: »

Do not assume. Enquire of the court if they really haven't given a date.

A phone call might be quicker than an email.

stevejones23

Hello

Thanks for your help. Have confirmed it is 14 days before the court date.

I am currently drafting my witness statement on the lines of a resident's own space, but there is a catch - my own space was frequently blocked or occupied (very annoying!). The visitor's car park (which I could have parked in) was full so my car has been photographed outside of a marked bay. However it is just bumped up on the kirb out of the way, it is not blocking any right of way.

I have not received anything from the claimant to indicate exactly what their claim is but I am guessing breach of contract for parking outside of a marked bay.

So the thrust of my witness statement is:

1. Keeper liability/can't prove I left the car there
2. Inadequate signage /terms are vague + Beavis case
3. I had an allocated space, a permit from the claimant and a lease stating I could park there (backed up by tenancy agreement, emails with letting agent, and photos of permit that the claimant took)
4. A google map screenshot of the car park to show how it worked
5. Photos/videos of the car park, my allocated space and the visitor's car park
6. My car was only observed for 13 minutes, the visitor's car park was 5 minutes away fro my block of flats so 10 minutes walking plus a few minutes of dropping something off would mean that I had not necessarily parked the car in these circumstances (bit of a stretch but I think I can demonstrate this, and it is referred to in Jopson v Homeguard at paragraphs 20 & 21)
7. Direct judge to other resident cases such as UK Car Park Management Ltd v Miss C, PACE Recovery v Mr N
8. Exhibit a copy of shceudle 4 of POFA and Henry Greenslade's wording from the POPLA Annual report 2015
9. I will also mention, if I do not recieve anything, that I have nothing from the claimant beyond the letter before claim, that I have not had any offer of dialogue, that they did not share the photographs taken as they were obtained under Data Protection (I understand this may make them appear unreasonable/unwilling to engage)

Couple of questions if anyone can assist?

1. Have I missed anything from the above?
2. Alternatively is there anything in there that it doesn't make sense to include?
3. Does anybody have a link to UK Car Park maangement v Miss C decision? I can't find this online on the parking prankster pages nor from a google search
4. Does anybody have a link to the beavis decision? I think I have the decision, UK Supreme Court November 2015 UKSC 67 is that correct?

Thanks again for your time and patience



SJ

Coupon-mad

questions if anyone can assist?
Have I missed anything from the above?

If you have their WS with a facsimile signature from Jack Chapman:

https://forums.moneysavingexpert.com/discussion/comment/76536129#Comment_76536129

Alternatively is there anything in there that it doesn't make sense to include?

No, you are making sense with your exhibits re the main defence of the parking charge, but have missed the suggestion from this month that people now file a SUPPLEMENTARY WITNESS STATEMENT (search the forum for examples) given the outcome in the Southampton case, as reported in CEC16's thread that you must read.

Does anybody have a link to UK Car Park mangement v Miss C decision? I can't find this online on the parking prankster pages nor from a google search

Probably no transcript exists. Your other cases are good and Jopson is 'persuasive' on the county courts, being an Appeal.

Does anybody have a link to the beavis decision? I think I have the decision, UK Supreme Court November 2015 UKSC 67 is that correct?

No way am I or anyone here linking ParkingEye v Beavis! Google finds it easily, and you DO NOT print it out anyway, except for paras 98, 193 and 198 s you will find out from CEC16's thread, which also tells you to print the POFA and the Consumer Rights Act 2015 schedule 2 'grey list of unfair terms' with 3 paragraphs highlighted.

That'll keep you busy but you will learn LOADS more to hit UKCPM with!

stevejones23

Thank you coupon-mad


That will keep me busy!


I do have the beavis case I was just paranoid and had never seen a court decision where it seems to be part of 2 cases

stevejones23

Hello again


Another thank you for your time, patience and assistance on this so far I do appreciate it.


In terms of a witness statement (sorry I missed this Coupon Mad) I have received nothing from VCS yet. I used a Subject Access Request to get the photos, PCN, notice to keeper (they sent this to an old address) and the letter before claim.



I have therefore included MA61's paragraphs about them failing to adhere to the code of practice, including me contacting them to say so (have a copy of the email).



Next task is to read over CE16's thread.



I have a couple of further questions:
1) I've gotten a bit confused about the POPLA 2015 Annual report and schedule 4 of POFA - am I just directing the judge to these to consider or is there something I need to say?


2) I'm also a bit confused about how the IPC code of practice might help? I've read over it but can't see any relevant points that I could raise.



3) Is it worth pointing out that the Notice to Keeper went to the wrong address or does this not really help anything? I don't recall getting any of their letters around the event.


Thanks again


SJ

Le_Kirk

Haven't read back through the thread but: -
POPLA annual report is to highlight the "no requirement for the keeper to name the driver"
POFA is to look at transferring liability from driver to keeper.

Is that what you were confused about?

stevejones23

Yes sorted on the the POPLA point and POFA