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

SoJacob

 

I’m sorry about the delay in getting the photographs. My son became poorly again and so many other issues going on. 

Please see the photos taken today. There is a signage at the entrance to the parking of a shop by excel parking which I believe was not there at the time I’ve got PCN. 

I have added the photograph of the bus stop. 

As they says they are monitoring and dining people for controlling the traffic, I see no single car coming and there were hardly 5 cars in the car park.
I had a walk from the long stay car park, it takes nearly 10 mins and it can be a great difficulty for a person with walking difficulty to do this.

SoJacob

Any advice for me, should I include any above pictures? I
 

I will add the below point to my ws-

- the entrance to the retail park managed by excel parking but I have got a PCN from VCS

-In Laura Jopson vs Homeguard Securities (2016) case number B9GF0A9E, His Honour Judge J Harris QC determined that loading and unloading is not parking. This was an appeal court case and thus persuasive on the lower courts. It was found that the parking company could not override the tenant’s (driver’s???????) right to temporarily stop near the building entrance for loading/unloading.

Half_way

Will be interesting to see what, if anything the judge makes of the Jopson case where it was re-enforced that unloading is not parking ( unloading being of goods and/or passengers) which contradicts with the word "Parking" charge

 If His Honour Judge J Harris QC determined that loading and unloading is not parking, in an appeal court, then by extension if a vehicle was not parked then the driver/RK can not be held liable for a  Parking charge notice as the vehicle was not parked.

Maybe its something that should be used more frequently  where PPCs try and use Parking charge notices for what is essentially a breach of some made up rules regarding moving traffic/traffic flow issues

If I was to out money on it, odds on the unloading is not parking element will be glossed over, as it could potentially open up a hornets nest and Simon will have a temper tantrum throw his toys out of the pram

Fruitcake

Technically the Jopson case was an appeal heard in the County Court, not the Appeal Court, but the decision is still persuasive on the lower courts.

This part is not relevant, "It was found that the parking company could not override the tenant’s (driver’s???????) right to temporarily stop near the building entrance for loading/unloading," and should be removed.

The relevant part is Judge Harris's statement that loading/unloading of people or goods is not parking, so as per Half-way's comments above should be expanded upon.

You also need to highlight that Excel and VCS are completely separate companies, and include extracts/screen shots from Companies house to show they have different company names.

Any alleged contract can only be formed with the entity named on the signs, not a completely different company who were a stranger to the contract.

SoJacob

Thank you. I will add and make changes as advised. Once I done it can I email ? Any further advise before I do it? 

Thank you. 

SoJacob

Dear all, 
I hope you all had good Christmas and a happy new year.
I am back home after 3 weeks. I see no letters from the court. I will send an email just to confirm. 

I have not emailed my defence yet, I’m waiting for you to confirm. Any further advice for me in regards to my defence?

thank you.  

Umkomaas

I have not emailed my defence yet, I’m waiting for you to confirm. Any further advice for me in regards to my defence?

Surely you've submitted your defence by now?

SoJacob

Umkomaas said:

I have not emailed my defence yet, I’m waiting for you to confirm. Any further advice for me in regards to my defence?

Surely you've submitted your defence by now?

No I have not.. could you please check my defence ? 

Mouse007

?? You filed your defence last November, the Claimant responded to it. Do you mean your Witness Statement? What is (was) the deadline for that?

SoJacob

Sorry I meant my WS. I have added those points as advised. I have not received any deadline yet. 

 Mouse007 said:

?? You filed your defence last November, the Claimant responded to it. Do you mean your Witness Statement? What is (was) the deadline for that?