HELP WITH WITNESS STATEMENT VCS

jumpropegazers

Hi everyone,

I've just received witness statement from VCS for a case I'm fighting. 

I've had guidance from the Newbies Thread so far (on defence, process ect) but now I need some last minute help for my WS. 

VCS witness statement can be viewed BELOW, I am still working on my WS and I'll post it here in the morning but it needs to be submitted tomorrow night. 

Please could someone give me advice on the key points to defeat their WS?

Some key points to note:

1. My PCN dates fall outside of the dates on the contact they provide

2. The signage is poor and unclear. The map of the signage they provide in their evidence is wrong, there are loads less signs than that in reality and I have google map screen shots from the time to prove this

3. The notice to keeper was submitted 7 days after the notice to driver, which I think is against POFA and I'm writing out the arguments but would very much appreciate if anyone could give me help for that argument. 

Is anybody able to have a look over this and give any last words of advice on how to strengthen my arguments further?

Many thanks in advance

Jump Rope Gazers

jumpropegazers

drive.google.com/file/d/1jZt9IH6gqAKg_iNG-YsRxHTnsWAF_xii/view?usp=sharing

Redx

1 do you mean contract ??

2 , good , evidence all this in your WS plus exhibits

3 the myparkingcharge is not a true or recognised notice to driver , plus VCS never comply with POFA anyway , so had 6 months to obtain keeper details and ones month to get the PCN to them , so 7 or 14 or 180 days is irrelevant. POFA is not mandatory and VCS are not using it , they never have in 9 years !!

VCS are proceeding on the assumption that the keeper and driver are the same entity , on the balance of probabilities

jumpropegazers

Redx said:

1 do you mean contract ??

2 , good , evidence all this in your WS plus exhibits

3 the myparkingcharge is not a true or recognised notice to driver , plus VCS never comply with POFA anyway , so had 6 months to obtain keeper details and ones month to get the PCN to them , so 7 or 14 or 180 days is irrelevant. POFA is not mandatory and VCS are not using it , they never have in 9 years !!

VCS are proceeding on the assumption that the keeper and driver are the same entity , on the balance of probabilities

Hi,

Thank you so much for a quick response.

1. - Yes I mean contract. Sorry, my head is spinning off writing this WS.

2. - I have extensive screen shots of the car park from the correct time period on Google Maps Street View and I have plotted out the signs myself on a map to show how over exaggerated VCS's map is.

3. So POFA isn't a valid argument? Can you think of something else I can argue with regards to this?

This is first draft of my WS: drive.google.com/file/d/1-ZvzPRoIdK-0BypjxnPP_VomermxyMvX/view?usp=sharing

If you can think of anything else I can argue or use as evidence please let me know  

jumpropegazers

************FIRST DRAFT OF WITNESS STATEMENT****************

drive.google.com/file/d/1-ZvzPRoIdK-0BypjxnPP_VomermxyMvX/view?usp=sharing


If anybody can think of anything else I can argue or use as evidence please let me know  

Coupon-mad

The title of your bundle has your name in it so I haven't repeated the link as a working one...

Clunky English here needs putting right:

I was insured to drive the vehicle, as were well as other close family members and friends, who which have also drove the vehicle during this time,

Not sure you can 100% say this as true, if you don't know then you should say that instead:

Although I was not the driver...

Remove all the time you have said this because how do you know a PCN was affixed to the car, or was it a red card marked 'this is not a parking charge notice' (as I suspect)?

On this day, a parking charge notice (PCN, also called “Notice to Driver”) was affixed to the car

If these were all red cards followed by early NTKs, then use the VCS v Adam Burzinski case to support your argument that a red card is a notice to driver (PCN) and a parking firm putting it in a red wallet that says 'this isn't a PCN' then getting DVLA data too early, is disingenuous claptrap.  It breaches the DVLA KADOE rules and represents a data breach and it neither complies with para 8 nor para 9 of the POFA 2012 Schedule 4:

https://www.dropbox.com/s/peh3uwf1wnrwq5g/APPROVED -E1QZ7X7C-VCS-BURZYNSKI.pdf?dl=0

You should add that soon after this time (2017/early 2018) the DVLA told both Trade Bodies that 'soft ticketing' like this was banned because it misled people about liability and gave the driver no fair chance (normally 28 days) to pay or appeal before the registered keeper got a notice about it.  This is absolutely against the POFA, which allows a driver time to deal with a PCN if such a notice (however it is worded) was placed on the windscreen.  This is why the DVLA banned this practice, which VCS are well aware of and it is not news to them because they stopped doing this soon after, or they would have been sanctioned.

The notice to keeper was submitted 7 days after the notice to driver, which I think is against POFA and I'm writing out the arguments but would very much appreciate if anyone could give me help for that argument. 

As above.

I am not sure why RP6 and RP9 are there as they seem to assist the Claimant's case (VCS v Jonathan Davies was appealed, by the way) and I think you show too many photos with the red signs in.  Cull your images down so as not to assist their case, you have loads of good pics with no signage visible so stick with that.

D_P_Dance

Have you complained t yor MP?

Redx

jumpropegazers said:

Redx said:

1 do you mean contract ??

2 , good , evidence all this in your WS plus exhibits

3 the myparkingcharge is not a true or recognised notice to driver , plus VCS never comply with POFA anyway , so had 6 months to obtain keeper details and ones month to get the PCN to them , so 7 or 14 or 180 days is irrelevant. POFA is not mandatory and VCS are not using it , they never have in 9 years !!

VCS are proceeding on the assumption that the keeper and driver are the same entity , on the balance of probabilities

Hi,

Thank you so much for a quick response.

1. - Yes I mean contract. Sorry, my head is spinning off writing this WS.

2. - I have extensive screen shots of the car park from the correct time period on Google Maps Street View and I have plotted out the signs myself on a map to show how over exaggerated VCS's map is.

3. So POFA isn't a valid argument? Can you think of something else I can argue with regards to this?

This is first draft of my WS: drive.google.com/file/d/1-ZvzPRoIdK-0BypjxnPP_VomermxyMvX/view?usp=sharing

If you can think of anything else I can argue or use as evidence please let me know  

POFA is a valid argument for any keeper who was not the driver , it assists a non driving keeper , it does not assist a driver

However, read what coupon mad said about those myparkingcharge notices and soft ticketing , because what she said is valid and includes references like POFA , so deceptive malpractice by VCS

So yes there may be technicalities that can win your case , but if you were definitely the driver then POFA does not give you keeper protection, so you need to know when POFA becomes a valid argument , if using it

jumpropegazers

Coupon-mad said:

The title of your bundle has your name in it so I haven't repeated the link as a working one...

Clunky English here needs putting right:

I was insured to drive the vehicle, as were well as other close family members and friends, who which have also drove the vehicle during this time,

Not sure you can 100% say this as true, if you don't know then you should say that instead:

Although I was not the driver...

Remove all the time you have said this because how do you know a PCN was affixed to the car, or was it a red card marked 'this is not a parking charge notice' (as I suspect)?

On this day, a parking charge notice (PCN, also called “Notice to Driver”) was affixed to the car

If these were all red cards followed by early NTKs, then use the VCS v Adam Burzinski case to support your argument that a red card is a notice to driver (PCN) and a parking firm putting it in a red wallet that says 'this isn't a PCN' then getting DVLA data too early, is disingenuous claptrap.  It breaches the DVLA KADOE rules and represents a data breach and it neither complies with para 8 nor para 9 of the POFA 2012 Schedule 4:

dropbox.com/s/peh3uwf1wnrwq5g/APPROVED%20-E1QZ7X7C-VCS-BURZYNSKI.pdf?dl=0

You should add that soon after this time (2017/early 2018) the DVLA told both Trade Bodies that 'soft ticketing' like this was banned because it misled people about liability and gave the driver no fair chance (normally 28 days) to pay or appeal before the registered keeper got a notice about it.  This is absolutely against the POFA, which allows a driver time to deal with a PCN if such a notice (however it is worded) was placed on the windscreen.  This is why the DVLA banned this practice, which VCS are well aware of and it is not news to them because they stopped doing this soon after, or they would have been sanctioned.

The notice to keeper was submitted 7 days after the notice to driver, which I think is against POFA and I'm writing out the arguments but would very much appreciate if anyone could give me help for that argument. 

As above.

I am not sure why RP6 and RP9 are there as they seem to assist the Claimant's case (VCS v Jonathan Davies was appealed, by the way) and I think you show too many photos with the red signs in.  Cull your images down so as not to assist their case, you have loads of good pics with no signage visible so stick with that.

Hi,

Thank you for your advice and support, I really appreciate this!

Judging from photographs from VCS' WS it looks as though yellow packets were fixed to the windscreen on 28/12/17, 25/02/2018, 13/03/2018 and then a red packet on 28/05/2018. 

What is the difference between them both?

jumpropegazers

Redx said:

jumpropegazers said:

Redx said:

1 do you mean contract ??

2 , good , evidence all this in your WS plus exhibits

3 the myparkingcharge is not a true or recognised notice to driver , plus VCS never comply with POFA anyway , so had 6 months to obtain keeper details and ones month to get the PCN to them , so 7 or 14 or 180 days is irrelevant. POFA is not mandatory and VCS are not using it , they never have in 9 years !!

VCS are proceeding on the assumption that the keeper and driver are the same entity , on the balance of probabilities

Hi,

Thank you so much for a quick response.

1. - Yes I mean contract. Sorry, my head is spinning off writing this WS.

2. - I have extensive screen shots of the car park from the correct time period on Google Maps Street View and I have plotted out the signs myself on a map to show how over exaggerated VCS's map is.

3. So POFA isn't a valid argument? Can you think of something else I can argue with regards to this?

This is first draft of my WS: drive.google.com/file/d/1-ZvzPRoIdK-0BypjxnPP_VomermxyMvX/view?usp=sharing

If you can think of anything else I can argue or use as evidence please let me know  

POFA is a valid argument for any keeper who was not the driver , it assists a non driving keeper , it does not assist a driver

However, read what coupon mad said about those myparkingcharge notices and soft ticketing , because what she said is valid and includes references like POFA , so deceptive malpractice by VCS

So yes there may be technicalities that can win your case , but if you were definitely the driver then POFA does not give you keeper protection, so you need to know when POFA becomes a valid argument , if using it

Hi,

No I was not the driver so I can utilise the POFA argument.

jumpropegazers

D_P_Dance said:

Have you complained t yor MP?

I have not as this occurred 4 years ago. VCS actually don't operate on this land anymore. The car park in question is managed by Northwest Parking now.