Please help- Please help !! PCN from Vehicle control services ltd

Coupon-mad

Remove your #8 and replace if with a paragraph that states that you have seen no evidence that this station-serving piece of roadway (and specifically, the three areas where the car was photographed) is private land and within the boundary of any authority flowing from the Airport owners. 

Then search for and go and read witness statements specifically about Airport Public Roads and byelaws.

SoJacob

Thank you @Coupon-mad. Should I add point 9? 

8.    I have seen no evidence that this station-serving piece of roadway (and specifically, the three areas where the car was photographed, see enlarged photographs EXHIBIT 14) is private land and within the boundary of any authority flowing from the Airport owners. 

9.    DVLA data is only supplied to pursue parking charges if there is an agreement flowing from the landholder (ref: KADOE rules). It is not accepted that the Claimant has adhered to a defined enforcement boundary, grace period or exemptions (whatever the landowner's definitions were) nor that this Claimant has authority from the landowner to issue charges in this specific area. The Claimant is put to strict proof of all of this, and that they have standing to make contracts with drivers and litigate in their own name, rather than merely acting as agents

Coupon-mad

Yes that's OK but I recall some really good WS from a year ago or so, about Airports and the fact the roadways are public highway.

Wondering if any regular recalls them?

SoJacob

@Coupon-mad, the below is my draft WS. Let me know if this good enough to proceed? 

1.      I am xxxx xxx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.    In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated, and I will say as follows:

3.    I live local to Southend airport. My husband had knee injury who was/is unable to walk long distances (EXHIBIT 01). Therefore, I dropped and picked him up from Southend airport rail station on multiple occasions. I remained in the car and according to the timestamps the car stopped for only seconds. I received 3 PCNs (EXHIBIT 02,03,04) and according to the evidence (EXHIBIT 05) the car stopped to drop off passenger in a shop entrance where there is no red line.

4.    Reason for stopping should be considered. The vehicle stopped for only seconds according to the timestamps. The International Parking Community (IPC), of which the claimant is an operator, details a grace period in their code of practice (Part B, section 15). Part B, Section 15.1 states “Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.”

5.    The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “Debt collection costs”.  No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4.  (EXHIBIT 11)

6.    Unless the Claimant can clearly demonstrate how these alleged additional costs have been incurred this would appear to be an attempt at double recovery.

7.    Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67 (EXHIBIT 13). 

8.     I have seen no evidence that this station-serving piece of roadway (and specifically, the three areas where the car was photographed, see enlarged photographs EXHIBIT 14) is private land and within the boundary of any authority flowing from the Airport owners. 

9.    DVLA data is only supplied to pursue parking charges if there is an agreement flowing from the landholder (ref: KADOE rules). It is not accepted that the Claimant has adhered to a defined enforcement boundary, grace period or exemptions (whatever the landowner's definitions were) nor that this Claimant has authority from the landowner to issue charges in this specific area. The Claimant is put to strict proof of all of this, and that they have standing to make contracts with drivers and litigate in their own name, rather than merely acting as agents

10.  The Claimant has not provided evidence that the landowner has given them the necessary authority to issue parking charge notices and to pursue payment by means of litigation

11.  The Claimant has failed to provide details of the alleged signage upon which they are relying to form a contract with the driver and neither have they demonstrated that it is appropriately positioned to allow all drivers to read and understand the terms of the alleged agreement

12.  I would also question the existence of the alleged contract which the Claimant claims to have been breached by “stopping in a zone where stopping is prohibited”.   The signage is wholly prohibitive and makes no offer of consideration in the absence of which no contract exists

Statement of truth:
I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Coupon-mad

That is very short and has nothing about the Airport roads being public highway.

There is also no mention of the false added £70 per PCN for failed debt recovery.

it is also not anything like as thorough as the bundle posted by @aphex007 which we tell people to use and adapt.

SoJacob

@Coupon-mad, thank you and sorry to be a pain. 

Draft_Witness_Bundle_(redacted)_v3.pdf (dropbox.com)

From @aphex007, points (16-20)under 'The ParkingEye v Beavis is distinguished (lack of legitimate interest/prominence of terms)' relevant for mine? 
Points (24&25) under 'Lack of landowner authority evidence and lack of ADR'
Points (26-40) 'Abuse of process - the quantum'

Coupon-mad

All of it.

SoJacob

Hi all,  

please could you look into my WS? thank you.  

https://www.dropbox.com/s/ghz6uk6jlr031in/Document.docx?dl=0

Coupon-mad

I would add to point 4, or put in an extra point 5 (and re-number) stating that there is no evidence of any signs near this area so no contract was even known about, let alone allegedly 'agreed'.  No signs are shown at all in the image evidence of the car.*


* if true?

SoJacob

Coupon-mad said:

I would add to point 4, or put in an extra point 5 (and re-number) stating that there is no evidence of any signs near this area so no contract was even known about, let alone allegedly 'agreed'.  No signs are shown at all in the image evidence of the car.*


* if true?

I see no pictures of the signs but 2 occasions the car was parked on a bus stop which you can see the bus stop writing on the images.