NON-STOP PCN from Southend Airport ******* Case Dismissed, Now VCS appealing ********

nosferatu1001

Dont miss the deadline, is the obvious answer
You know what their WS will say anyway - its going to be a template after all - so you are as well prepared now as you can be. 
Of course, weve not seen your defence or WS ourselves, so hopefully youve followed all the advice available to you?

Coupon-mad

You have surely read other VCS threads and seen their template WS a dozen times and thus, you know how to address it because it's been done to death on soooo many threads already?  It might arrive in time for you to read it before submitting your WS.  I predict it will arrive on Saturday. 

But if it doesn't, you already know from other VCS threads galore how to address the template points they will make.

IamWood

Will upload my WS at the weekend. Can someone point out where I can find VCS WS template, please? Thank you.

D_P_Dance

A witness statement is a narrative, there is unlikely to be a template.

IamWood

Here is my draft WS. In my defence, I only list my points with little explanation. I expand them in WS using the template in the NEWBIE. I hope this is fine.
Any comments and advice would be really appreciated. Thanks so much in advance!

nosferatu1001

Your defence isn't repeated or expanded. A witness statement is a series of facts, not argument s

have you even tried searching? This is a forum. It has a search tool. 

IamWood

Does the judge really expect all of us to become an expert in parking law etc.? I use my common sense in Defence by simply listing the points of my arguments without any expansion at all.

The first part of the draft is written with the standard WS here; The second part is basically some defence points. I don't know and it's my first time in court and hopefully the last one.

IamWood

FYI, here is my Defence. Have I already lost?

1. The land is covered by its own byelaws so it’s not 'relevant land' under the POFA. The byelaws create a supremacy of contract over VCS signage so no liability created.

2. The claimant has abused the process and failed to mitigate their actions. The sole reason for the stopping was to ask an onsite traffic warden for directions (the drop-off point in this case). Photos received from the claimant show driver stopped for only 30 seconds according to the timestamps.

3. The signage is prohibitive in nature and not a genuine offer of a contract for consideration. It is denied that the Defendant entered into any contractual agreement with the Claimant. The Claimant was only contracted by the landowner to provide management services and is not capable of entering into a contract with the Defendant on its own account.

4. A CPR 31.14 request was sent to the Claimant; no responsethe reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant is not liable for a charge of £160. The similar claim has been stricken out by the District Judge Taylor at Southampton Court on 10th June 2019 because of the VCS abuse of process [Claim number F0DP201T].

nosferatu1001

No, you havent already lost else we would have sadi
Youre not expected to be an expert, but you are expected to do research and therefore know the difference between a defence and a witness statement. 

Struck out. Not stricken out. 

Coupon-mad

I meant the TEMPLATE THAT VCS USE.  Obviously you'll find that on shedloads of other VCS threads.