VCS Letter Before Claim - EDIT - I WON!!

nosferatu1001

You didnt answer all the quesitons. Who has to do what, and by when? You must be clear on this.
Did your first ws for the set aside include all the exhibits that support your defence? yes or no. 
if no, then of course you must do a furhter WS; it is the only way you can include such evidence. the only way. This is served on the C and filed with the court, as usual. 
No, there is no form for your costs assessment. You must know this because its in the newbies thread! Yes, yoi uinclude fee for set aside, the time off work you took - unpaid time or paid leave - for the set aside hearing, and obviously other NORMAL, ORDINARY costs

JACK24

nosferatu1001 said:

You didnt answer all the quesitons. Who has to do what, and by when? You must be clear on this.
Did your first ws for the set aside include all the exhibits that support your defence? yes or no. 
   YES
if no, then of course you must do a furhter WS; it is the only way you can include such evidence. the only way. This is served on the C and filed with the court, as usual. 
No, there is no form for your costs assessment. You must know this because its in the newbies thread! Yes, yoi uinclude fee for set aside, the time off work you took - unpaid time or paid leave - for the set aside hearing, and obviously other NORMAL, ORDINARY costs

Thankyou

nosferatu1001

Thats unusual - normally the WS for a set aside is only concerned about the reasons to grant a set aside, and have nothing to do with the underlying claim. 

Coupon-mad

Surely you want to add the Southampton case and usual supplementary WS about the fake added £60, as seen in every single non-ParkingEye case here...e.g. as seen in @Chefdave 's thread.  

Have you also not lost leave (the amenity of a day off) or salary, for two court hearings when you could have been enjoying the sun or working?  You get £95 per day if the Judge agrees, and that's without even getting to your time at £19 per hour in dealing with the case.

JACK24

I've adapted my defence slightly and removed all the set aside arguments as this is now resolved. I'm now defending the parking charges only in a small claims court.
Is the following all ok as references to other cases? It's lifted from various threads but does it all make sense/is it all required? Please also see attachment

Abuse of process 

13. I feel that the way that the parking company and the recent legal firm have dealt with this issue is an abuse of process, that the extortionate amounts of money being requested(at present it’s £365 for what was an initial parking charge of £60), this amount is regularly being increased and I still haven’t had confirmation that these rising costs will cease or that field agents will not be attending my home, I feel that this is an abuse of process, and could also be classed as double recovery. I feel that ******  have not taken into consideration my circumstance during these unprecedented times and the unusual situation with Covid19 that is happening worldwide. I am in the process of writing to my MP for clarity and for a change of law regarding this type of behaviour by these companies as I am appalled at the way I’m being treated. 

Please see below examples of other similar cases, which were classed as an abuse of process: 

-        In Brtiannia v Crosby Southampton Abuse of Process. The claimant Excel Parking LTD and the private parking industry continues to demonstrate significant irregularities in their affairs and parking firms invariably trade in a way that fails to show integrity or a social conscience and disregards consumer law and the public interest, and the Court and my MP will be encouraged to report the conduct of this particular Claimant in my case, to the Secretary of State. IN THE 

SOUTHAMPTON COUNTY COURT No. F0DP806M F0DP201T Courts of Justice London Road, Southampton Monday, 11 November 2019 Before: DISTRICT JUDGE GRAND B E T W E E N : BRITANNIA PARKING GROUP LTD Claimant - and - (1) Defendants (2) CHRIS CROSBY 

-        In December 2019 in a different Court circuit, Deputy District Judge Joseph sitting at Warwick County Court had clearly heard about the decisions affecting the Isle of White, Hampshire, Dorset and Wiltshire circuit because he summarily struck out multiple parking ticket claims from various firms all due to the adding of the false £60 costs to £100 parking charge, that already indisputably (in law and case law) includes those costs. 

-        The Judge determined that ''it is an abuse of process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.'' further, in issuing his Orders striking out several £160 parking claims without a hearing, the Judge stated that he had ''considered S71(2) of the Consumer Rights Act 2015 for the fairness of the contract terms and determined that the provision of the additional charge breached examples 6, 10 and 14''. 4. 

nosferatu1001

No defence is written in the first person. Notice that the template is "the defendant" and similar
Sure it was £60, or just £100 discounted to £60?

JACK24

Update - the parking company have A web in touch, they feel they have a strong case, but have offered me an out of court settlement of £145, and are threatening costs of £220+ if it goes to court and I lose. I’ve already paid £225 to get a hearing, which I’m trying to claim back. 

Any advice? This is scary stuff for a novice.
Thinking back to where this case was a few months ago(£365 + a CCJ) now it’s £145 and CCJ has been set aside, it is a tempting offer. Feel like I’m out of my depth with it all

Coupon-mad

It's scare tactics and they are worried because of possibly being ordered to pay your £255. 

STOP READING IT and proceed to your hearing and get it set aside, and ask the Judge to please order that the C must pay your £255.

JACK24

Thansk @Coupon-mad
court papers/witness statement received from parking company. Main argument is that I contravened t&c’s displayed on signage by not displaying the ticket & photos of car without ticket displayed. I found the ticket later on and sent it to them. 

Also emphasising punctuality and my slowness with things.
They’re also making reference to a number of other court cases. 

Feel out of my depth v a legal professional!
court case planned for August  

Coupon-mad

Which legal professional do you think that is then, Jake Burgess of VCS?!  Hahaha!

None of their protests about the PCN stop you from getting a set aside if they didn't properly serve the claim to you.