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Help, got until 24th November to submit Defence for VCS

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  • KeithP wrote: »

    You star, cheers Keith! That looks hopeful, doesn't it :D
  • Coupon-mad
    Coupon-mad Posts: 151,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi everyone.  Not got a court date yet, but have had a start at my witness statement here, and would appreciate any pointers!

    In the County Court at SHEFFIELD, The law Courts, 50 West Bar, Sheffield, S3 8PH

    Claim No. XX

    Between VEHICLE CONTROL SERVICES LTD (Claimant)

    and

    XX

    WITNESS STATEMENT

    1. The Claimant asserts that the driver entered into a contract with it and that the driver breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges.

    2. The Claimant asserts that the driver parked without payment of a parking tariff of £1 for parking for 80mins.  However, landowner authority states that parking is free for 2 hours, as stipulated in the contract with VCS.

    3. On 06/06/2019 the driver entered Berkley Centre car park for the purpose of doing some shopping. In order to be able to read the signs on entry into the car park, the driver would have had to have stopped the car in the middle of moving traffic, as the signs are not readable from a moving car.  EXHIBIT A

    4. The driver paid no attention to any signs, as the car park has 2 hours free parking.

    5. The driver parked and went to Tesco.  The view from their parking spot had no visible signage.  EXHIBIT B

    6. All the current signs are facing in the opposite direction and are above head height and with small font. This is in contrast to the type approved in the Parking Eye v Beavis case. Therefore no contract was entered, and terms and conditions were not and could not be accepted.  EXHIBIT C

    7. I therefore claim that there was no contract entered into, and I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

    Statement of Truth

    I believe that the facts stated in this Witness Statement are true.

    Signature of Defendant:
    Name:
    Date:

    Photos here:  http://!!!!!!/2OKIkZr.  In order A, C, B as cannot change date order for some reason.


  • Leviathan747
    Leviathan747 Posts: 246 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 10 February 2020 at 10:42PM
    Hi Coupon-mad.  Do you have a link for the VCS WS & contract please, because I have searched and can't seem to find them!

  • Coupon-mad
    Coupon-mad Posts: 151,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nope, we don't and none of us can make the new forum search work properly...
    We can't search for you.  You only need to read other VCS threads.
    Your WS is almost the shortest I have ever seen and shows you haven't read VCS threads past your stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Leviathan747
    Leviathan747 Posts: 246 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 7 April 2020 at 8:51PM
    Notes to self: 

    1. Abuse of process.  CM, Pg 2, post 3: http://!!!!!!/2UKSH3m 
    2. Lawpmany1 WS for VCS. Pg 3, post 5: http://!!!!!!/39rytQ1
    3. The Deep, MPs. Post 6: http://!!!!!!/2SBy3A1 
    4. Bananasparking WS for VCS.  Pg 2, post 2. http://!!!!!!/2UKe44P
    5. Le Kirk.  Landowner Authority. Pg 2, last post. http://!!!!!!/2HhSP2i 
    6. Newbies thread: http://!!!!!!/2vuBtfL 
    7. Beavis. CM, Pg 5, post 9: http://!!!!!!/31PbwUE 
    8. gumgirl.  VCS win, Pg 8, post 6: http://!!!!!!/2SAeQi2
    9. gumgirl WS for VCS, Pg 7, post 5: http://!!!!!!/2Hi4I8l
    10. Le Kirk. WS delivery, Pg 2, post 6: http://!!!!!!/38ml4Zt
    11. CM Costs Schedule.  Pg 3, post 5: https://!!!!!!/2wGPBUd 
    12. Umk POFA. Pg3, post 7: https://!!!!!!/2wGPBUd
    13. BG, Abuse of process: Pg 7, post 8: https://!!!!!!/2Jnttkp 
    14. CM, New Template Defence: https://!!!!!!/39thw7B 
    15. CM, Summary Costs Assessment: https://!!!!!!/3c1ifP6

  • Have emailed VCS with a CPR 31.14 request for information for their contract with Berkley Centre landowners and their planning permission.  Meanwhile, if anyone comes across the contract or VCS Witness Statement in their wanders around the updated MSE website - please post the links below.  Cheers  :D 
  • 6 days and no response re VCS contract.  A friend has suggested the following "If it does go to court then you can ask (in front of judge) their rep why they won't supply it and whether or not they have authority to issue tickets for less than 2 hrs parking"
  • Coupon-mad
    Coupon-mad Posts: 151,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are wasting your time and you will get it anyway, at WS stage, unless they discontinue.

    You used to be able to find VCS cases with the WS showing by searching the forum for VCS Roch
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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