Going to County Court Business Centre over VCS Parking Charge/ Notice.

Umkomaas

ignavia said:

RobinofLoxley said:

 It looks it's a rolling contract.

So, VCS just need to prove that no "notice of termination" has been sent. They should produce copies of every letter that hasn't been sent!

Rolling contracts are pretty standard across PPC world. Why has the suspicion been raised that the contract here has been terminated or no longer in existence when it's clearly of a rolling nature?  This is being taken down a blind alley. Nothing to see here .... move along!

BenjiH23

Also, I'd like to get a photo of another premise owned by VCS with the same sign on it. Ideally, to a premise open 24 hours to argue my issue with their generic and confusing sign. I think I know a couple of places but if anyone knows of anywhere. Please let me know I'm based in Sheffield.

Coupon-mad

Remove this because it's not good English and it isn't their premises anyway, PPCs very rarely own car parks:

of which was The Claimants', premise,

Apart from that, you need to add exhibits and you need something about the added false 'costs'.  See the WS by @jrhys for a good recent example of how to word that and the Excel v Wilkinson transcript that you need.

BenjiH23

Coupon-mad said:

Remove this because it's not good English and it isn't their premises anyway, PPCs very rarely own car parks:

of which was The Claimants', premise,

Apart from that, you need to add exhibits and you need something about the added false 'costs'.  See the WS by @jrhys for a good recent example of how to word that and the Excel v Wilkinson transcript that you need.

Thanks, I've used the Abuse Of Process point in regards to the additional fees from the WS example in the NEWBIES thread. I didn't see anything about the Excel v Wilkinson case but I'll double-check.

D_P_Dance

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Le_Kirk

BenjiH23 said:

Coupon-mad said:

Apart from that, you need to add exhibits and you need something about the added false 'costs'.  See the WS by @jrhys for a good recent example of how to word that and the Excel v Wilkinson transcript that you need.

Thanks, I've used the Abuse Of Process point in regards to the additional fees from the WS example in the NEWBIES thread. I didn't see anything about the Excel v Wilkinson case but I'll double-check.

It is not abuse of process, we don't use that term anymore, it is called Double Recovery or false costs.

Coupon-mad

 I've used the Abuse Of Process point in regards to the additional fees from the WS example in the NEWBIES thread. I didn't see anything about the Excel v Wilkinson case but I'll double-check.

I didn't tell you to look in the NEWBIES thread for it; that example is a bit old now.  I told you where the latest WS example is and gave the linked username.

BenjiH23

Amazing thanks for this everyone! I'm going to get some sleep, read through it again tomorrow morning. Then I'll try and get my WS sent to VCS and The County Court! Just a couple of questions. 

1) Am I just submitting the Witness Statement so far? Or do I need to submit my original defence, and their Witness Statement as I am referencing it in my WS.

2) When mentioning things like the "Companies Act 2006." Do I need a copy of that in my exhibitions/ proof?

Le_Kirk

Refer to your instructions from the court as to what you should include.  In pre-covid days, your defence would have been supplied to the judge by CCBC and there would be no need to send it again.  What you don't want is for the judge to strike out your defence due to not having it or to have an adjournment.  Statute law does not need to be supplied in its entirety as judge should be able to access it but to be safe you could just submit the part to which you are referring.

BenjiH23

Also, one final question everyone:

I've moved address whilst this case has been going on. Do I need to disclose this, and add both my current and previous address to my WS. Just so there's no confusion.