Defence - VCS & Elms Claim

D_P_Dance

• This is worth a read

https://www.cheshireeast.gov.uk/car_parks_and_parking/parking-regulations-enforcement/pcn-mitigating-circumstances.aspx

dk2k

Thanks all for your contributions! Fascinating discussions and I'm feeling a lot better about all of this. Please find my updated defence for your comments;

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question between [ ] and [ ]. The Defendant was employed as a [ ] with [ ] from [ ] to [ ], whose offices are located at [ ]. During his period of employment, the Defendant was provided with a parking permit and assigned parking bay number [ ]. Every time the Defendant’s car was parked in its allocated parking space, the permit provided by the employer was kept in the vehicle.

3. The Claimant has a history of contradictory and inaccurate car parking enforcement at this location. The Claimant interchangeably uses [ ] and [ ] as the location for the alleged ‘breach’. It remains unclear as to where this ‘breach’ is alleged to have taken place as the Claimant has used different locations on the Parking Charge Notice (PCN), Letter Before Claim and Claim Form. Furthermore, it was common practice when the Defendant was employed at this location, for colleagues to routinely have PCNs cancelled on appeal, if they could prove that they were employed at a premises at this location. This was not offered in this scenario and the Defendant believes this to be unfair, notwithstanding that any alleged breach of contract is denied. The Claimant has brought this Claim a matter of weeks before it was due to be statute-barred under the Limitation Act which the Defendant believes is further evidence that this Claim is vexatious in nature and is designed to mislead the court.

Is the last sentence in #2 ok? I don't want to inadvertently mislead the court.

1505grandad

Add "but liability is denied" at the end of the first sentence in para 2.

Coupon-mad

Why do people remove that?  Happens so often and I really don't get why anyone would!

Anyway the defence facts look fine to me.

dk2k

Thanks both!

dk2k

Hi all, thanks for all your support so far. Just wanted to give you a little update.
Defence and DQ all submitted so just awaiting a hearing date. Interestingly, VCS have written to me (and the Court) advising that they have dispensed with Elms and will be acting in person. They also added a paragraph to make a without prejudice offer of settlement which is more than they are seeking on the Claim Form!

KeithP

dk2k said:

Interestingly, VCS have written to me (and the Court) advising that they have dispensed with Elms and will be acting in person.

Yes, many people have reported this over the last few weeks.
Keep up to date on what's going on by looking at other threads. Maybe stick VCS in the forum's search facility.

dk2k

Quick question for those who may know. If there are additional periods in which the Defendant is unavailable for a hearing, following submission of the DQ, what is the best way to let the court know?

Umkomaas

dk2k said:

Quick question for those who may know. If there are additional periods in which the Defendant is unavailable for a hearing, following submission of the DQ, what is the best way to let the court know?

Put it in writing - email best. Progress chase it if you don't receive a response within a sensible number of days. 

Coupon-mad

Or send a fresh DQ to the local court and the claimant and explain why, in the covering email.

AND PLEASE CHECK HERE REGULARLY: 

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

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