John Lennon PCN for stopping

DisruptiveLad

The land is not private land, therefore VCS are attempting to obtain a financial advantage by false representation...Sec 2 Chpt 35 Fraud Act 2006. Also, it's a breach of LJLA's own parking Ts and Cs. They confirmed in a recent case that VCS' authority does not extend to roads. It is only INSIDE car parks that VCS have authority.

D_P_Dance

Is there a case here for unreasonable conduct costs or vexatious litigation?

DisruptiveLad

There's a fraud case here. I reported them to www.actionfraud.police. The evidence is clear. You should do the same. 

Rileymark1

Morning Everyone

Could some of the regulars give me a bit of feedback on my previous post regarding what i am putting in the defence template parts 2 & 3.
Just need to know if i have put enough information in it for this stage so i can add it to the template and hopefully get it submitted over the weekend.

Thanks 

Le_Kirk

I think it is a little long (paragraph 3) and is more suited to a witness statement where you get the chance to tell the story.  Keep the defence short and punchy using legal/technical arguments such as the stop took place outside the confines of the airport/parking, there was a medical emergency that required a stop, you were not the driver, the claimant failed to adhere to POFA so you cannot be liable.  The narrative in the witness statement contains all the detail and the evidence such as proof that you weren't driving, details of the emergency etc.  In paragraph 4 you repeat that you were not driving, you only need it once.
If they have added false costs you could put this as paragraph #6 originally posted by @bargepole remembering to change the amount at *

6. The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, as Section 9, that "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued".  In the present case, the Claimant has added a sum of £60*, described as 'damages', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element.

Rileymark1

Thanks Le_Kirk, So basically try and use bullet points rather than a full description ? I will amend it when i get home from work later and post again for people to review. 

Jenni_D

A defence identifies the points of law / code of practice etc. that the defendant will rely on to defend the claim. The witness statement tells the story, expands on the defence points, and provides the evidence to support them.

Le_Kirk

Rileymark1 said:

Thanks Le_Kirk, So basically try and use bullet points rather than a full description ? I will amend it when i get home from work later and post again for people to review. 

Yes but bear in mind what @Jenni_D wrote and also take account of the style that the template defence used, not bullet points but proper short punchy sentences.

Rileymark1

Hi All

Does the forum not allow you to copy and paste ? I am trying to put my amended defence in for critique but its not letting me. 

Jenni_D

Copy/paste into Notepad first, then copy/paste from Notepad to here. (If you're copying from Word then sometimes the formatting isn't liked by the forum).