VCS Parking - CCCF Letter - MCOL: Defence help

nosferatu1001 · 24 August 2017 at 11:52AM

Agreed. It doesnt really matter what theyre doing now.

WHen are your documetns to be exchanged? Have you seen the various demolitions of VCS "witness statements" that are written by no such thing - i.e. the poerson writing them has NO CLUE abou tthe actual case, just some paperwork? They are known for their gross errors.

ajplag · 31 August 2017 at 11:48AM

http://forums.moneysavingexpert.com/showthread.php?t=5607535&page=7#topofpage

post #132 is relevant to myself. In terms of constructing a drop hands offer how should I word this or construct this to VCS?

ajplag · 4 September 2017 at 11:30AM

Just bumping this one

Advice would be much appreciated thanks

Umkomaas · 4 September 2017 at 12:04PM

ajplag wrote: »

Just bumping this one

Advice would be much appreciated thanks

Why don't you just draft something up and let us look at it here rather than linking other posts and asking us to start things off for you?

ajplag · 11 September 2017 at 11:09AM

*Thanks Umkomaas, below is my initial draft for a drop hands offer, I suspect there is more to add to this but hopefully this covers the main points?*

Dear Vehicle Control Services,

Without prejudice

Upon the application of the solicitors and the claimant and the defendant acting as litigant in person. It is agreed by consent that;

The claim be dismissed, owing to the recent judgement on case no. D0QZ924M

The hearing for September 28th be vacated

There be no order to costs and all parties agree to bear their own costs

nosferatu1001 · 11 September 2017 at 12:28PM

..save as to costs. You want to be able to show this in court.
I wouldnt even say without prejudice. I would include it in my court bundle should it get that far.

[Deleted User] · 11 September 2017 at 1:57PM

@ ajplag

Your proposal is the horrible b*stard child of a consent order and an offer to settle. Stop it now. May I suggest the following:

WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Sirs

PCN Number XXXXX
Vehicle Registration YYYYY

I refer to previous correspondence in this matter. As you are aware, this claim is defended and is, on the Defendant's case, entirely without merit.

The Claimant is put on notice that on [date] Judgment was handed down by District Judge [name] sitting at the Nottingham County Court in the matter of [Saarchy's case]. As part of the Judgment in that case the Court found that Vehicle Control Services had no authority to issue a parking charge notice on the land upon which the vehicle was parked.

These are similar fact proceedings. The Defendant will rely upon the same documentary evidence to put before the Court evidence that VCS have been issuing parking charges on publicly maintained highway. Not only do VCS not have any entitlement to issue parking charges on public highway, but to do so may constitute an offence. The continued pursuit of this litigation where the Court has already held against VCS on this point and found that the land is public highway is an abuse of process. There is no claim for the Defendant to answer.

The Defendant now offers to the Claimant a "drop hands" settlement, permitting them to withdraw from the litigation with each party bearing their own costs and on the basis that no further claims or related proceedings will be brought. This offer has value to the Claimant. The offer is a genuine attempt to settle and is not merely a negotiating position. If this matter is pursued to trial, the Defendant reserves the right to:

(i) seek his defence costs, disbursements and an additional sum of costs pursuant to CPR 27.14(g) on the basis of unreasonable conduct of the litigation; and

(ii) pursue his own proceedings pursuant to the Data Protection Act 1998 on the basis that his personal data was inappropriately obtained from the DVLA when the Claimant knew, or ought to have known that there was no reasonable basis to pursue a parking charge.

Yours faithfully

I don't think that the letter should go in the bundle. The wording of the letter does permit it to be shown to the Court when you are successful. Do double-check that your ticket(s) relate to exactly the same road way as in Saarchy's case and not the parking bays, that they may be on stronger ground with

J

ajplag · 11 September 2017 at 3:48PM

@Johnersh - thanks for tailoring the response.

Before I amend completely to fill in the gaps can I just send this as an email to VCS or should I send a formal letter, because, as you mention this permits this to be shown in Court. I would personally prefer to send a letter

nosferatu1001 · 11 September 2017 at 3:49PM

You can send an email. They are as formal as a letter, and can be shown in court.
If by post, FIRST class with FREE proof of posting.

ajplag · 13 September 2017 at 9:28AM

Morning All,

So I've had my Court Bundle through from VCS, it's on time so seems like they have a vested interest in this one this time

it's a chunky 130 pages of material with 10 pages of WS from Adam Glasby (this is the first time that his name has come up in all my letters) then around 50 pages of numerous photos (one of a completely random car) of the site and contravening vehicle, tied up with the three judgements of Thornton v Shoe Lane Parking, Vine v Waltham Forest and ParkingEye v Beavis

They have included all the previous letters sent by the court in their bundle, but was double checking if I needed to add this to it? it seems like a waste of paper showing all the letters that the courts have sent

I'll scan the full document in and provide a dropbox link for the bundle

VCS Parking - CCCF Letter - MCOL: Defence help

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