Almost Imminent Court Case pending with VCS

Loum5

nosferatu1001 wrote: »

2) that's a garbled way of saying no return, but they've added extra words. Whoever they paid to do this clearly messed up. Raise it as an example of how little care the person signing took and you did t they ever read it

3) point out that this is a definite lie, intentionally misleading the court and defendnet. Here's the proof - and adduce the proof. If you've not yet shown another company is operating, send in a supplementary WS NOW showing this, and explaining why - that you're correcting the claimants lie. Point out on the day that their reliability and credibility as a "witness" has to be in diubt.

Thank you - I've not sent my WS in yet as have a couple of weeks still to the deadline - so I can add more into it now I have their crock of s**t in front of me!!

The PCN has an actual tick box for 'Parked for longer than the maximum period permitted' - they really are complete cretins!!

durhamd

Loum5, I don’t know if it is any help but take a look at my thread. I won today against this lot.
The thing that clinched it was they provided in their WS pack a redacted copy of the contract with the landowner c/o the management agent for them.
The contract was for 1 year (from specified date) (The Term). There was a sub clause that allowed a roll over continuation for a further period no longer than The Term. This gave a maximum of two years and thus expired before the issue of my PCN. They seemed unable or just incapable of providing a contract when the case came to court. The judge therefore ruled there was no evidence of a contract being in place for them to operate.

Loum5

Hey durhamd
Thank you very much, and congratulations on your win today - I had viewed your thread before today and have had a look over your suggestions, but I don't think this is the same for me - the contract is not redacted and it states 1 months notice to terminate - though I have just found an email from the landowners confirming their contract was terminated in 2016 despite them saying in the WS it is still in place to this very day!

Loum5

I've had a go at re-jigging my WS and would again welcome any comments or adjustments needed on where I'm at. I won't post all the 'abuse of process' points again....and they have had a go at justifying this in their WS.....

I, XX of , and will say as follows:

1. I am the Defendant in this matter. I am unrepresented and have no experience with Court proceedings. I trust the court will excuse my inexperience if I have not set out the documents in the way that the Claimant has.

2. I make this witness statement in anticipation for the court hearing scheduled for 20th December in my defence of the Claimants’ claim.

3. I intend to put forward my case with the following witness statement and the attached paginated bundle of documents marked CM1-CM** to which I will refer to later in this document.

4. Prior to explaining my actions on the day I parked in the x and x carpark (“the Carpark”), I confirm that the summary of my defence to this claim is that:
(a) In August 2015, there were no ‘clearly displayed signs’ at the entrance to the Carpark, and I do not recall seeing signs in ‘prominent locations’, therefore I cannot have understood to have entered into a contract with the Claimant.
(b) I did not leave and then return to the Carpark within the no return/time period as stated by the Claimant in the Particulars of Claim.
(c) The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery, and is considered an ‘Abuse of Process’.

5. On the morning of xx/08/2015 I set off to work as normal where I usually parked my car on surrounding streets in the x Road area near to my office, but due to high traffic congestion on xx Road and xx Road I took an alternate route and turned onto x Road heading towards the xx. To avoid re-joining the congestion, I turned onto xx Street where the Carpark is situated. I drove into the Carpark and turned right and parked in a space situated next to a walkway onto xx Road. I left my vehicle and exited the Carpark using the walkway and walked approximately ten minutes to my office.

6. On arrival back at the car park on the same day, I discovered the Parking Charge Notice (“PCN”). I am unsure of the exact timings of my stay due to the fact it has been over four years since the alleged contravention took place, but would estimate I initially parked in the region of 9am and left sometime after 4pm.

7. I went to work the following day and explained what had happened to my colleagues. I was at this time, pointed in the direction of a former colleague who had also previously received a PCN in the same Carpark. They explained they had contacted the landowners (xx Group) and were advised the Claimant did not have their permission to issue PCNs on this land and therefore to not acknowledge or enter into any contact with the Claimant. Whilst I am unable to provide documentation to back this up, I also contacted xx Group after receiving the Court Claim. I was advised this information to be correct, and due to the conduct of the Claimant and complaints received, xx had terminated any such contract.

I will now describe the actions in points 5, 6 and 7 in further detail:

8. CM1 and CM2 show Google Street View photography (“GSV”) to the left and right of the entrance to the Carpark from April 2015. CM3 and CM4 show the same GSV from May 2016. The alleged contravention took place in between these dates in August 2015. It can be seen from all these images that there are NO clearly displayed signs located in the Carpark entrance that would have allowed me to read the Terms and Conditions to make an informed decision to enter into a contract before using the Carpark.

9. The lack of signs in the entrance is further clarified in the Claimant’s own Witness Statement within exhibit JCB1 (overhead of the Car Park). This shows where the signs are located with an ‘X’, and there are clearly NO markings in the entrance, nor where I parked my car on xx/08/2019.

10. CM5 shows a Google Maps overhead view of the Carpark, and I have highlighted the way I drove in, the parking space I used, and the walkway I used to exit the Carpark on foot. CM6 shows GSV from May 2018 of a close up view of the parking space I used, and the walkway.

11. CM7 shows GSV from July 2015 from outside of the Carpark looking in of the parking space I used in August 2015, and CM8 shows a view into the Carpark from July 2015. Whilst I can see there are signs from these views, I did not see them at the time of the alleged contravention, and there are no ‘prominent signs’ close to the parking space I used, or at the walkway. I am unable to get close to the signs using GSV to enable me to read any Terms and Conditions, and as the Claimant no longer operates in the Carpark there are no signs present today for me to view personally.

12. CM* and CM* show GSV from May 2018 that shows the same view of the entrance to the Carpark as it is today and now operated by UKCPS. CM* shows that there is now a small sign in the entrance to the left side as described in my original Defence.

12.1. In point 9 of the Claimant’s Witness Statement, they state: “The Claimant submits that they have authority to implement a parking scheme since 11th April 2011. There has been no notice of termination and the Claimant remains contracted to enforce parking to date. The Claimant is contracted to undertake parking management activities and issue Parking Charge Notices [“PCN”] where vehicles are identified on the development in breach of the advertised Terms and Conditions. A copy of a statement by/the contract with our Client can be identified in exhibit JCB1.”

12.2. The above statement is an outright lie to intentionally mislead the Court and myself as Defendant. To correct this lie, CM* shows GSV from May 2018 of the current signs in the Carpark now operated by UKCPS. CM* shows a close up photograph of the content of the signs I took myself in June 2019 when I visited the site. This clearly shows the site name ‘xxx Retail Park’.

13. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.
CM shows a letter I sent to the Claimant dated 01/07/2019 for ‘Request for documents mentioned in a statement of case under CPR 31.14’. CM11 shows a copy of the receipt for certificate of posting, and CM shows a copy of the Royal Mail ‘Track and Trace’ as signed for by the Claimant on 02/07/2019. To this date I have not received any response or acknowledgement to this request, nor anything at all from the Claimant, including their copy of the Directions Questionnaire.

14. It is a fact that I did NOT leave the car park then return within the no return period/time. Thus, the Claimant's Claim is doomed to fail because the alleged conduct did not happen and their own ANPR evidence photos are at odds with their claim particulars, because there can only be two camera images. The claim is fundamentally flawed because it is pleaded on the following premise:

14.1. ''The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant's vehicle xxxxxx, was identified in the x & xcar park on the xx/08/2015 in breach of the advertised terms and conditions; namely returning to a car park within the no return period/time''.

14.2. No such breach occurred and there is no cause of action. Given that this is a serial litigant which files thousands of parking charge cases, they should not be allowed any relief from sanctions and would be required to apply to the court for permission to amend their particulars at the usual court fee cost, if their claim is to continue.

14.3. In point 16 of the Claimant’s Witness Statement they have poorly attempted to correct their error by juggling words around to the following effect: “Whilst the vehicle was within the development the said vehicle was recorded not returning to the vehicle in the car park within the no return/time thus resulting in a PCN being issued". It is not clear to me what this actually means and again, no such breach occurred and there is no cause of action.

Coupon-mad

Raise all 3 points in your WS if you haven't filed & served it yet.

And OMG OMG OMG re that GDPR/DPA breach - it is very serious:

Is there any reason VCS would have attached a copy of income and expenditure for a person that is reasonably local to me 'Creditor's reply to Debtor's Application to Vary Order' and 'Application for suspension of a warrant and/or variation of an order' - I just can't see the relevance and wonder if this could be a DPA breach?

It's a letter that relates to Excel Parking Services Ltd at the same address as VCS and the attached form contains the persons Name, Address, Age, Marital Status, Signature and Income and Expenditure

I would send a copy to that person and tip them off that their data has been breached and that if they report Excel to the Information Commissioner, they should find their parking charge will be cancelled.

Explain who you are and apologise for contacting them by post but you are fairly local and were horrified that Excel's sister company VCS have sent you this data all about them!

I would give them your phone number, if you are happy to, as they sound like a complete victim (NO-ONE fills in an income & expenditure form for a Parking firm) and they sound like they are likely to fold - or have a very weak or no defence, and they need some hand-holding and directing here!

Encourage that person to report Excel to the ICO and to say that they are worried that VCS and Excel are sharing desks and databases and are not being diligent when handling very personal data about income/expenditure.

AND report VCS to the ICO yourself and say the same.

It should not be possible for ANY consumer data to be shared/processed or in any way cross between the two companies!

It's great that this means you and the other person can report BOTH firms!

Loum5

I would send a copy to that person and tip them off that their data has been breached and that if they report Excel to the Information Commissioner, they should find their parking charge will be cancelled.

Explain who you are and apologise for contacting them by post but you are fairly local and were horrified that Excel's sister company VCS have sent you this data all about them!

I would give them your phone number, if you are happy to, as they sound like a complete victim (NO-ONE fills in an income & expenditure form for a Parking firm) and they sound like they are likely to fold - or have a very weak or no defence, and they need some hand-holding and directing here!

Encourage that person to report Excel to the ICO and to say that they are worried that VCS and Excel are sharing desks and databases and are not being diligent when handling very personal data about income/expenditure.

AND report VCS to the ICO yourself and say the same.

It should not be possible for ANY consumer data to be shared/processed or in any way cross between the two companies!

It's great that this means you and the other person can report BOTH firms!

So, A letter with copies of what I have received has been sent in the post today to the unknowing victim - I did put my mobile tel on too so will see what happens there.

I called the ICO and was advised I have to complain directly to VCS about the breach and the next stage is to go back to ICO depending on how I feel they have handled this - so email to the DPO of VCS it is - apologies if this is a stupid question, but would you recommend doing this immediately? If so, it will be done tonight!

Fruitcake

Do the complaints as soon as possible as long as it doesn't adversely affect your life or your own parking case.
Mentioning that the scammers have breached the DPA/GDPR by sending you someone else's data might concentrate their minds to your benefit.
I'm not sure if you should tell the scammers the identity of the other party (if known). Perhaps some of the more knowledgeable regulars might advise.

beamerguy

Loum5 wrote: »

So, A letter with copies of what I have received has been sent in the post today to the unknowing victim - I did put my mobile tel on too so will see what happens there.

I called the ICO and was advised I have to complain directly to VCS about the breach and the next stage is to go back to ICO depending on how I feel they have handled this - so email to the DPO of VCS it is - apologies if this is a stupid question, but would you recommend doing this immediately? If so, it will be done tonight!

Advise VCS that the ICO have requested you contact them first and will be subject to their reply

Loum5

Done and Done! Thank you both - email just sent.

nosferatu1001

Point 9 - really 2019? Not 2015?