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VCS Court Claim (Residential Parking, Disabled Passenger) - Defence Advice Needed

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Comments

  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
     We then approached bay number ‘XX’ that is stated on my parking permit.
    That's going to be a weakness in your case. When you parked in someone else's space.

    The reason that VCS and others are invited by the Head Leaseholder to patrol (if true), is people parking in other's spaces and interfering with their lease and their right to park in the space stated on their parking permit. 

    The only way round this, as stated before, is to challenge the VCS/HL's right to police those spaces which are different from the common areas.

    In other words, the person whose space you parked is the "injured" party not VCS.
    • All land is owned. If you are not on yours, you are on someone else's
    • When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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  • Exhibit 6 – The Exhibit 6 – The Equality Act 2010

    Exhibit 7 – Kettel v Bloomfold [2012] Transcript

    Exhibit 11 – ‘Jopson v Homeguard’ Transcript

    Exhibit 12 – ‘Excel v Smith’ Transcript

    Exhibit 13 – ‘Excel v Wilkinson’ Transcript

    Exhibit 14 – ‘Britannia Parking v Crosby’ Transcript


    A good start but not Britannia v Crosby at all.

    And you will be replacing that one next week anyway, with the transcript from Adam Burzynski's case where he talked the Judge around to understand that a 'this is not a NTD' was indeed exactly that - a notice to driver:
    https://www.dropbox.com/s/peh3uwf1wnrwq5g/APPROVED -E1QZ7X7C-VCS-BURZYNSKI.pdf?dl=0

    VCS v Burzynski - claim E1QZ7X7C, Derby Court, 31/5/2019



    BUT NONE OF THE ABOVE WILL GO WITH YOUR WS AS EXHIBITS!

    I did explain your WS and other (non legal case) attachments AND the signed WS from the passenger must add up to under 50 pages and that is why you are not exhibiting the court transcripts with this bundle.

    I told you what to say instead of 'see Exhibit xx' for the legal authorities and Equality Act.

    They will follow as hard copies next week as I said - but you do need paragraphs about each of them in this WS.
    Great thank you! 

    should I remove paragraph 18 which references Britannia  v Crosby?
  • do I have this evening to finish this? it says the court closes at 4pm.
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
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    No you don't have this evening.  You have to email this by 3.30pm to the local court email address and the solicitors.

    Yes remove the bit about Crosby. Replace it with the words I gave you that sum up Adam Burzynski's case and state that the trabscript will follow with a case authorities summary next week.
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  • No you don't have this evening.  You have to email this by 3.30pm to the local court email address and the solicitors.

    Yes remove the bit about Crosby. Replace it with the words I gave you that sum up Adam Burzynski's case and state that the trabscript will follow with a case authorities summary next week.
    Oh god! Okay thank you. Just scanning in my tenancy agreement and photos now, then I'll work on the paragraphs
  • I'm struggling to find WS paragraphs for Excel v Smith, and Lamoureux, and Jopson, and Wilkinson to refer to
  • Would anybody be able to direct me to a page with these paragraphs on?
  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Auntie Google is your friend.  Put in Excel v Smith and she takes you to Parking Prankster (Pepipoo also has a story) and you will find the case numbers leading you to this: -
    https://nebula.wsimg.com/87cdd1ece93beeb2f058693b81e4d057?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1
    Do the same for the other case and for Lamoureux
  • Gahh, I'm going to be submitting this late. I am going to ring the court tomorrow and ask for leniency due to the postal strikes. I will send tonight
  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Just get it in tonight by e-mail; I don't think your postal strikes argument will get you very far.
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