CLAIM FORM for parking charges in 2018

Mouse007

Dess said:

Thanks everyone! Your comments have been very helpful in referencing some more cases. I will post an updated version soon (hopefully this will be the last one).

@Mouse007 the contract was stipulated between VCS Director and the Management Surveyor. Not really sure what to make of it.

Management Surveyor signing on behalf of whom? The lanowner should be authorising this, not some third party or "agent". If the landowner is a limited liability company then the directors should be signing in accordance with the Companies Act.

Dess

Mouse007 said:

Management Surveyor signing on behalf of whom? The lanowner should be authorising this, not some third party or "agent". If the landowner is a limited liability company then the directors should be signing in accordance with the Companies Act.

I see. Yes, the contract states that they were authorised to sign by the landowner. In this case should I void the paragraph relative to the Lack of lawndower authority?

This is what I cite in the WS

Lack of landowner authority evidence and lack of ADR

DVLA data is only supplied to pursue parking charges if there is an agreement flowing from the landholder (ref: KADOE rules). It is not accepted that the Claimant has adhered to a defined enforcement boundary, grace period or exemptions (whatever the landowner's definitions were) nor that this Claimant has authority from the landowner to issue charges in this specific area. The Claimant is put to strict proof of all of this, and that they have standing to make contracts with drivers and litigate in their own name, rather than merely acting as agents.

I further aver the Claimant failed to offer a genuinely independent Alternative Dispute Resolution (ADR). The Appeals Annex in the new Code shows that genuine disputes such as this - even if the facts were narrowed later - would have seen the charge cancelled, had a fair ADR existed. Whether or not a person engaged with it, the Claimant's consumer blame culture and reliance upon the industry's own 'appeals service' should not sway the court into a belief that a fair ADR was ever on offer. The rival Trade Bodies' time-limited and opaque 'appeals' services fail to properly consider facts or rules of law and would have rejected almost any dispute.

Dess

Here is what I hope will be the final draft - https://www.dropbox.com/s/s3z23ah1kvb33qk/Witness Statement - Defendant MSE.docx?dl=0

Second witness statement - https://www.dropbox.com/s/7iigtrn7wtmgwyk/Witness Statement - Second Witness.docx?dl=0

Please let me know your thoughts on both. I will be making the final adjustments tomorrow before submission in the evening so any advice before then is greatly appreciated! Thank you very much for all your help once again!

KeithP

You've left the Claim Number showing on that second witness statement.

Coupon-mad

In your WS I'd delete 15 and 21 because the former doesn't help you and the latter adds nothing.  Add a bit more to 16 by pointing out that clamping has been a criminal offence for over a decade.

I didn't see much about how crap the signage is...maybe I missed that bit denying any contract with this third party.  Photos of an illegible small print sign up on the flats' wall or in a corner by the bins or under a parking shelter in the dark would be useful.

The second WS shouldn't have the date isolated on its own page (just looks odd!).

Dess

KeithP said:

You've left the Claim Number showing on that second witness statement.

Thank you.

Dess

Coupon-mad said:

I didn't see much about how crap the signage is...maybe I missed that bit denying any contract with this third party.  Photos of an illegible small print sign up on the flats' wall or in a corner by the bins or under a parking shelter in the dark would be useful.

The second WS shouldn't have the date isolated on its own page (just looks odd!).

I don't have a picture of the signage unless I use this one from the SAR - would this help me at all if I'm arguing for primacy of contract?

The date in the second WS is an error - I will edit that in the final draft.

Dess

Do you think this is appropriate?

Thanks in advance!

Coupon-mad

That amount is too high IMHO.

Can you not get photos or is it not local? That photo from the SAR doesn't help. The point was to do what I said to do.  Not close ups of a readable sign.

Dess

Hi everyone! We have a date, the hearing will be on the 2nd of March.

I have a question regarding paper and electronic bundles, am I to submit one to the Court?

I had a look around and I'm still unsure what the bundles should be like and how it differs from the WS.

Thanks for your help.