VCS / DCBL - Parking over 2hr free period by 20 mins

LFC20_25

Hi

Appreciate this is a little bit late but I'm looking to pick the expert knowledge on this forum.

So the hostory of this is -

At the end of September last year I had an appointment and parked in the Tyne Bridge Retail Park car part which is in Gateshead.

Car Park is the car park for 2 retail outlets - at the entrance to this car park one of the retail outlets details that their parking is only free for 2 hours and the other doesn't mention anything.

In the car park the 1st retail outlet has similar signage in alternate bay advising the 2 hours free whereas the other has nothing. (see images attached)

I parked in the bays of the 2nd retail outlet thinking they were not covered by the 2 hour period given there was no signage stating this and there was extensive signage used on the other.

I heard nothing more until January when I got the Claim forms from the CBCC - I entered a defence that I had no idea what this claim was for and reiterated that on the mediation call given I'd heard nothing more from VCS or DCBL.

The case has advanced and the hearing has been set for 20th August with witness statements due in on the 21st July by 4pm.

VCS have sent their Witness statement which centres around contract with the land owner and signage, they've included the PCN & NtK which they were supposed to have sent me and mentioned DCBL's LoC but haven't included a copy of this.

I plan to use the witness statement template from here and centre on the signage being confusing and inadequte but I'm looking for pointers as to what else to include, some of the other areas I was thinking about was -

VCS are members of the BPA but aren't members for ANPR and enforcement - 

Is the PCN & NtK complaint with POPLA?

After looking up Jake Burgess his LinkedIn profile shows he is a Legal Associate for Excel Parking - can I question the legitimacy of him writing a witness statement for VCS as their Head of Legal?

Anything else you experts think I can play on with this?

All the images and witness statement are in a folder I can send to anyone who wants them

Please feel free to ask anything

Gr1pr

There are NO witness statement templates on here,  just examples by other victims 

It would have been DCB Legal that issued the Letter of Claim,  so you would get that from them   ( nothing to do with the powerless debt collectors DCBL  )

VCS are corporate members of the BPA,  but not AOS members,  because they are IPC AOS members have been for over a decade,  nothing to see there, completely irrelevant 

I doubt that they complied with POFA 2012, even if it was relevant land , but they are pursuing you as the probable driver,  in which case compliance with Pofa2012 is possibly irrelevant , especially if you have admitted driving,  like you did above 

Question anything you like,  he wasn't a first person witness,  he wasn't there,  but is writing on behalf of the company litigation department 

You are probably the only person who was there and knows what happened,  a first person witness, so you are witness number 1

LFC20_25

Gr1pr said:

There are NO witness statement templates on here,  just examples by other victims 

It would have been DCB Legal that issued the Letter of Claim,  so you would get that from them   ( nothing to do with the powerless debt collectors DCBL  )

VCS are corporate members of the BPA,  but not AOS members,  because they are IPC AOS members have been for over a decade,  nothing to see there, completely irrelevant 

I doubt that they complied with POFA 2012, even if it was relevant land , but they are pursuing you as the probable driver,  in which case compliance with Pofa2012 is possibly irrelevant , especially if you have admitted driving,  like you did above 

Question anything you like,  he wasn't a first person witness,  he wasn't there,  but is writing on behalf of the company litigation department 

You are probably the only person who was there and knows what happened,  a first person witness, so you are witness number 1

I've never admitted anything to them tbh

I was questioning if the wording of POFA was correct?

Gr1pr

How would we know   ?

Compare the pcn to the examples in the newbies sticky thread in announcements near the top of the forum 

LFC20_25

Gr1pr said:

How would we know   ?

Compare the pcn to the examples in the newbies sticky thread in announcements near the top of the forum 

Yeah I was hoping to include all the documentation but I can't add links yet

Gr1pr

Anyone can upload redacted pictures using the picture icon,  or add the links but change http to hxxp , to make dead links

But have you compared the NTK PCN letter to the examples by coupon mad in that newbies thread yet  ?

Is J.B attending the hearing   ?  Or sending an advocate   ?

Pofa2012 is mainly useful to a non driving keeper Defendant 

LFC20_25

Gr1pr said:

Anyone can upload redacted pictures using the picture icon,  or add the links but change http to hxxp , to make dead links

But have you compared the NTK PCN letter to the examples by coupon mad in that newbies thread yet  ?

Is J.B attending the hearing   ?  Or sending an advocate   ?

Pofa2012 is mainly useful to a non driving keeper Defendant 

Thanks I hadn't realised - hxxps://app.box.com/s/ob6stbo0il27mc639mpnhovtwnl2r51p

Gr1pr

Your name is listed against all those files 

I notice that J.B has included maps and pictures of the NTK PCN etc in that pdf 

It seems to me and my untrained eye that it does comply with Pofa2012,  but you would have to think about what honest answer would you give in court if asked if you were the driver,  especially if you have not told them already 

If that NTK PCN is compliant,  then it allows them to transfer liability to the keeper from the driver,  but it wouldn't really matter if you were both entities 

I suggested that you compare it to the compliant NTK PCN letter shown in the newbies sticky thread by coupon mad 

LFC20_25

Gr1pr said:

Your name is listed against all those files 

I notice that J.B has included maps and pictures of the NTK PCN etc in that pdf 

It seems to me and my untrained eye that it does comply with Pofa2012,  but you would have to think about what honest answer would you give in court if asked if you were the driver,  especially if you have not told them already 

If that NTK PCN is compliant,  then it allows them to transfer liability to the keeper from the driver,  but it wouldn't really matter if you were both entities 

I suggested that you compare it to the compliant NTK PCN letter shown in the newbies sticky thread by coupon mad 

Thanks - I need to check the wording of the 28 days to see if that is compliant - what do you think of the 2 different store signage one clearly marking the 2 hour limit and the other not

Gr1pr

Doesn't matter what I think

What matters is you putting them to strict proof of their claim, including landowner authority and signage, and you highlighting any and all discrepancies,  especially as the parking contract is under the CRA 2015, where ambiguous terms or signs should fall in favour of the consumer,  you  )

You should have done this in your defence statement and elaborate with Exhibits in your Witness Statement bundle 

Frankly,  I dont think POFA matters if you were the driver,  but 20 and 21 clearly state that they complied with POFA,  which I thought so too 

The sign says a maximum period of 2 hours,  not 2 hours and 20 minutes,  so the Beavis case is similar and a Supreme Court ruling,  be it 20 minutes or 200 minutes over,  over is over 

What exactly is your defence point or points  ?  ( not excuses  , but legal challenge   )

Le_Kirk

Your witness statement should back up and support, with evidence, what you wrote in your defence.  There have been some witness statements posted over the last couple of days that question the writer's authority to write witness statements and used a couple of CPRs to back up their assertion.  The main thrust of their argument was that they were not party to the issue and did not have first hand knowledge of the event.  Search the forum but change "Best Match" to "Latest".