Delayed issue of PCN

johnedit

Thanks, Coupon-mad and KeithP.

I have added some more meat to the bones in Point 3 - Is this nearer the detail/information required?

3.         The Claimant has identified themselves as an Accredited Operator and Member of the International Parking Community (the IPC) and, as such, have agreed to operate in accordance with the IPC’s Code Of Practice.

However, it is submitted that the Sign at the Site Entrance detailing the Contract does not conform to the Code as the text was/is unreadable to the Driver of a vehicle and, furthermore, there is no opportunity at this location to stop and read the sign close-up.

In addition, the Code Of Practice states the following:- ‘Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.’ In support of this, the 2 images supplied in the Parking Charge Notice/Notice To Keeper documents a period of approximately 4 minutes which, I submit, is 'a sufficient time', as alluded to in the IPC Code Of Practice.

Accordingly, it is submitted that the foregoing effectively endorse a statement that no contract was entered in to by agreement, conduct or otherwise.

 4.         The Particulars of Claim set out... (remainder as per Coupon-mad's post)

Coupon-mad

That's better!  I'd just add here the following and you missed the vital word 'not':

The Defendant avers that an insufficient grace period was applied by this Claimant, whose evidence in fact suggests a regime of predatory, immediate ticketing. In support of this, the 2 images supplied in the Parking Charge Notice/Notice To Keeper documents a period of approximately 4 minutes which I submit, is not 'a sufficient time', as alluded to in required by the IPC Code Of Practice.  A period of time to allow a consumer to learn about the terms by which they - or the registered keeper in some cases - would later be bound, is also required to meet the test of fairness, as set out in the Consumer Rights Act 2015.  It is the Defendant's position that the Claimant has failed to do so.

johnedit

Hi, Coupon-mad. Wow! Thanks for your comment and the suggested wordage.

As a mere mortal it would be impossible to draft such wordage and I appreciate the input from you and your fellow Forum Gurus - apologies if we annoy you from time to time with our ignorance

johnedit

Hi, All.
Just by way of an update:-
1. I received a letter from VCS saying a) that ELMS Legal were no longer acting on their behalf and VCS would be 'acting in person' and b) they were offering a remedy to the situation if I paid them the sum of £175.
I did not respond to this letter

2. I received documents from the Court informing me of a Trial by Telephone mid August and that I needed to submit my Witness Statement and other documents later this month.

3. I received a further letter from VCS saying that they would now offer a Settlement Sum of £182.50 and, if the case went to Trial they would also seek £220 for having to instruct a Solicitor to attend the Hearing and this would be additional to the original Claim for £235 (Amount Claimed £160 plus Court Fee of £25 and Legal Representative's costs of £50).
I have not responded to this letter.
I take it the general consensus of opinion would be to ignore this last letter and let the Case go to Court?
Thanks for any input.

D_P_Dance

I take it the general consensus of opinion would be to ignore this last letter and let the Case go to Court?

That would be what I would do.  I would also investigate the possibility of a counter claim. 

johnedit

Hi, All.

I have now received the Witness Statement completed by an Employee in the Parking Company’s Litigation Department – this runs to some 13 pages (plus an additional 32 support pages – documents and images) and it obviously seeks to not only refute the Defence I submitted but also all the points kindly posted by Coupon Mad that I included in my Defence Paper (prior Court Cases, their claim for additional Lawyer Fees, etc).

Do I scan this Witness Statement and post it here?

I have noted that this Witness Statement has included a copy of the Contract the Parking Company has secured from the Land Occupier along with a map detailing the specific area they have been given permission to ‘Police’ – interestingly, my vehicle did not stop in this land (as they say their CCTV van detected) nor do their images support this.

So, a number of questions arise – do I submit a Witness Statement that simply addresses this point or one that also counters their rebuff of points included in my Defence Paper as suggested by Coupon Mad?  And, in any event, would it be advisable to leave it as late as possible to submit my Witness Statement if there is a chance they will submit alternative/additional information?

Many thanks.

Umkomaas

Let us see a copy of their WS. Do not redact anything, other than your personal details. We're especially keen to see their landowner contract - please don't redact anything on that, it is perfectly fine to show us exactly as you've received it. 

I doubt we need to see all of the additional support pages, but if there is anything in them you feel you want an opinion on, copy it in too. 

Use Dropbox and post the link please. 

Fruitcake

Show us their WS asap. Use the comments from the regulars about their WS in your WS, plus your own observations, especially the fact that the alleged event did not occur on land they are allegedly authorised to manage.

Jenni_D

There have been previous VCS cases here whereby their own evidence proved that the alleged event did not happen - i.e. they were enforcing outside of their permitted remit.  

Fruitcake

Did you ever tell us where this alleged event actually occurred? It sounds like an airport jobby to me.
Did you ever tell us what the landowner said when you complained?