VCS in Salford

Coupon-mad

I'd also change:

and this was in the ticket appeal

to:

and this evidence was provided to the Claimant as part of the self-serving farce of a purported 'appeals system' (which was nothing of the sort).  This evidence was ignored.

angry_vcs

Hopefully I've managed to digest all the excellent advice so far and here is my next draft .
As always thanks in advance for all your help and I apologise if I'm still missing anything.

DEFENCE

 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

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 was a visitor  at the site to assist a family member in moving out of their residence  moving several bulky items. And thus transferred their rights as tenant to the defendant.

4. The defendant stopped the vehicle in a location which allowed reasonable access for loading.   Jopson v Homeguard Case number B9GF0A9E Applies here where Judge Harris stated that loading and unloading is not parking. This was an appeal case and therefore is persuasive on the lower courts.

5. no Notice to Driver was ever affixed to the vehicle nor handed to the driver whilst the vehicle was stationary in breach of the IPC Code of Practice and in breach of the PoFA 2012.

6. The lettings agency, X1 lettings, confirmed the vehicle was permitted to load on site and this evidence was provided to the Claimant as part of the self-serving farce of a purported 'appeals system' . This evidence was ignored.

7. The lettings agency, X1 lettings requested cancellation of the ticket directly with the claimant.

8. The signage, such as it is, is of a forbidding nature and no contract can be formed from this.

9. There is primacy of contract by way of the residents existing rights in the tenancy agreement, including those transferred to visitors, there is no mention of the site being controlled by any parking company, there is no requirement to pay parking charges, and no mention of court claims. Changes to a tenancy can only take place if approved in accordance with a ballot as per the strict requirements of the landlord and Tenant Act 1987.

10. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 

Continue the rest as from the Newbies template

Coupon-mad

Looks good!  I would remove this (below) because it's confusing to work out exactly what is meant by it, and you cover it so much better in paragraph 9 anyway:

"And thus transferred their rights as tenant to the defendant."

Mouse007

Agreed, that sets you up well to follow through with a great Witness Statement and Skeleton Argument (if required). One hopes they discontinue, but if not you will be doing what I am doing right now the SA (WS filed some weeks ago) with confidence.

angry_vcs

Brilliant - thanks for all the input.
I've made the last change coupon-mad has recomended and I will be emailing it to ccbcaq@justice.gov.uk in the morning during office hours

Thanks all again

angry_vcs

Just a small update.

Defense went in and I got the DQ which I have emailed off today to info@elmslegal.co.uk and the ccbcaq address too.

I had to hand fill in part of the N180 as the part for dates unavailable is so small on the downloaded pdf.

But anyhow whilst I wait for the next stage I'll start getting a witness statement drawn up

Thanks

angry_vcs

Today I recieved the usual letter from VSC telling me ELMS no longer are representing them and offering a slightly reduced settlement of £195
obviously I wont be taking them up on the offer


But do I need to send them a copy of the DQ/N180 as thier letter is dated  8 days ago , 6 days before I sent the DQ off ?

Thanks

KeithP

angry_vcs said:

...do I need to send them a copy of the DQ/N180 as thier letter is dated  8 days ago , 6 days before I sent the DQ off ?

I wouldn't bother.
It's surely up to Elms and their ex-client to sort out any paperwork issues between them.

angry_vcs

Just recieved a General Form of Judgement or Order from the court

District Judge Anson sitting at The Law Courts Ring Way Preston considered the papers in the case and ordered that:
1) The particulars of claim are struck out because they do not disclose any reasonable grounds for bringing the claim and they do not sufficiently particularise the agreement upon which the claim is based
2) The Claimant shall send to the court and to the Defendant a further statement of case, verified by a statement of truth, by 4pm on 09 April 2023. This must set out a coherent statement of facts which, if true, disclose a legally recognisable claim against the Defendant, have attached to it a copy of the contract or documents constituting or evidencing any agreement on which the claim is based and contain a detailed breakdown of the sum of £170.00 which is claimed.
3) The Defendant may, if so advised, send to the court and to the Claimant an amended defence by 4pm on 23 April 2023.
4) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

So I'll wait and see if VCS decide to go forward from here

Fruitcake

Good. Another judge who is wise to VCS's tactics.

If nothing has arrived on your doormat by the deadline then email the court the following morning with a draft order requesting the case be struck out. Include normal costs and costs for unreasonable behaviour.

If they do comply by the 9th then post their stuff the new particulars and evidence here. Only redact personal data that is not already in the public domain. Note that names of landowners and legal reps are within the public domain.