Claim Form for Parking Charge, help!

1505grandad

Why do you keep on stating VCS in view of the claimant you have confirmed is not VCS?

AffiaAngel

Sorry, I'm unsure what you mean? 

Coupon-mad

AffiaAngel said:

Is this better? (Read the AOS Code of Practice and I didn't see any mention about VCS signage so shall I remove this?)

The facts as known to the Defendant:

2. It is admitted that the Defendant was the Registered Keeper and Driver of the vehicle in question.

3. The Defendant asserts that the Claimant's signs at the location cannot form any contract with the Driver and any breach of terms is also denied.
It is confirmed that the Driver did not see any car park entrance signs upon entry nor any obvious and clear VCS signage.
In accordance with the British Parking Association (BPA) Code Of Practice, which the Claimant is a current member of, appropriate mandatory parking entrance signs must be present upon entry of the parking site that must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. The signage must also follow minimum general principles including a standard format following appropriate contrast and illumination that is clearly readable, taking into account the expected speed of vehicles approaching the car park that are in compliance within the AOS Code of Practice as well as additional signage placed prominently around the sight to give the drivers an opportunity to read them at the time of parking or leaving their vehicle. The Claimant fails in both respects. On the date of the alleged breach of contract, no appropriate signs were in place and therefore it cannot be reasonably determined that a legally binding contract could be agreed upon between the Defendant and the Claimant.

4. The Claimant is not the land-owner and does not have the capacity to take legal action on their own behalf unless it has occupational rights over the land in accordance with the BPA AOS Code of Practice.

VCS is another parking firm!

Looks like the person you copied from was wrongly copying from a VCS case.

Remove 4. You will see that is already lower down in the template defence.

AffiaAngel

Ohhh okay sorry! I thought a VCS sign was to do with the sign explaining the parking terms and conditions. Thanks for your help with this! I'll remove para 4 and the sentence with VCS.

AffiaAngel

AffiaAngel said:

This is the only thing I found that may suggest I have to pay it? Or does the wording mean I get away with this? Also good point about the 'P' entrance sign! Thanks!!

 

I see where the confusion is now! Earlier on the thread, I sent Google Maps links to the car park and a photo of the VCS (and reading it is does say Vehicle Control Services) so now I am more confused. Does this mean Northwest Parking Management were previously with VCS and now with BPA? 

Coupon-mad

No. They are rival companies.

That sign is irrelevant.  I think you are either looking at the wrong car park or it was run by one firm then changed to being run by the other.

Obviously the date on a Google image can be changed to look at older images.  That's how it works.  It's what the little date arrow is for (visible on a laptop not a phone.  You cannot do a defence on a phone).

AffiaAngel

The Google Map view was from 2018. Is there a way I can find out when they changed firms? 

AffiaAngel

Sorry, it just occurred to me that since I had a letter through from Northwest Parking, then that's who operates the car park, not VCS. 

Coupon-mad

AffiaAngel said:

The Google Map view was from 2018. Is there a way I can find out when they changed firms? 

i told you how the Google Streetview arrow works to change the date.

AffiaAngel

The most recent date on Google Maps is Oct 2022 but I read online that the car park has changed sometime this year, before March 2022 (which is when I parked) so i'm not sure how to move forward. I have no memory of seeing signage, only one sign stating a 30min free parking (which I've seen online has now changed to 15mins) and Google Map does show from Oct 2022 the Parking Entrance sign, but I received the PCN from Northwest Parking anyway. I'll stick to what i've wrote on my defence (minus the VCS bit) as that is true to my best knowledge