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  • FIRST POST
    • p1c2j333
    • By p1c2j333 19th Mar 19, 9:27 PM
    • 22Posts
    • 3Thanks
    p1c2j333
    Claim Form Defence
    • #1
    • 19th Mar 19, 9:27 PM
    Claim Form Defence 19th Mar 19 at 9:27 PM
    My wife received a PCN/NTK dated 04/09/2018 for parking at a residential car park. I have followed the NEWBIES appealing procedures and finally got the CLAIM FORM (dated 04/03/2019) from County Court Business Centre.
    The claimant is VEHICLE CONTROL SERVICES LTD., claiming for 100 + 60 + 25 (court fee), totally 185. The driver of the vehicle has never been identified, and I have sent back the AOS on 16/03/2019 by signed for 1st class mail.

    Could anyone kindly advise that if I can use the defence from Bargepole (thread#2 on NEWBIES "A defence by bargepole, showing that a defence about unclear signs should be written concisely" ) for my wife's case by deleting some irrelevant paragraph/s.

    Many thanks.
Page 2
    • KeithP
    • By KeithP 3rd Oct 19, 4:07 PM
    • 18,509 Posts
    • 22,876 Thanks
    KeithP
    "Yes, together with your evidence and a costs schedule."

    please advise what costs schedule shall I prepare?
    Originally posted by p1c2j333
    I repeat...
    It's in the NEWBIES thread. You already have a link to that thread.

    Everything you need is in the NEWBIES thread.
    • p1c2j333
    • By p1c2j333 3rd Oct 19, 5:21 PM
    • 22 Posts
    • 3 Thanks
    p1c2j333
    Thanks, KeithP.

    Please kindly comment the following WS.


    In the County Court at XXXXX
    Claim No. XXXXXXXX
    Between
    VEHICLE CONRROL SERVICES LIMITED (Claimant)
    and
    XXX (Defendant)

    -------------------------
    Witness Statement
    -------------------------

    1. I am XXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

    2. On [DATE], the driver of the vehicle bearing the registration no, XXXXX parked in the car park to visit the friends who are residents there.

    3. The warning signage was not appropriate and insufficient to alert the drivers.

    4. There was no clearly marked boundary or signage to warn drivers who enter the controlled residential area.

    5. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

    6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

    7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

    Statement of Truth

    I believe that the facts stated in this Witness Statement are true.

    Signature
    Date

    I am holding some photos for evidence.
    • KeithP
    • By KeithP 3rd Oct 19, 5:41 PM
    • 18,509 Posts
    • 22,876 Thanks
    KeithP
    You need to expand para 3. Why wasn't the signage appropriate? Why was it insufficient? Are you not going to refer to any evidence showing these shortcomings?

    Para 5. Show the court this evidence.

    Para 6. How is 'the doctrine of promissory estoppel' relevant?

    You have spelt the Claimant's name wrongly.


    I am holding some photos for evidence.
    Then you need to refer to each one at the appropriate point in your Witness Statement.


    I can see nothing in there about the excessive charges the Claimant has added on.


    Have you read any of the other recent Witness Statements to be found here?
    .
    • p1c2j333
    • By p1c2j333 3rd Oct 19, 6:17 PM
    • 22 Posts
    • 3 Thanks
    p1c2j333
    "Have you read any of the other recent Witness Statements to be found here?"

    I am copying the thread issued by bargepole.
    https://forums.moneysavingexpert.com/showthread.php?p=74584727#8
    • p1c2j333
    • By p1c2j333 20th Oct 19, 10:12 PM
    • 22 Posts
    • 3 Thanks
    p1c2j333
    Today have received the WS from the claimant, so I am preparing mine before the deadline on 25/10/2019. I desperately need comments on my WS as soon as possible.

    In the County Court at XXXXX
    Claim No. XXXXXXXX
    Between
    VEHICLE CONTROL SERVICES LIMITED (Claimant)
    and
    XXX (Defendant)

    -------------------------
    Witness Statement
    -------------------------

    1. I am XXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

    2. On [DATE], the driver of the vehicle bearing the registration no, XXXXX parked in the car park to visit some friends who are residents there.

    3. There was no clearly marked boundary or signage to warn drivers who enter the controlled residential area. (Ref. Image 1a and image 1b)

    4. The warning signage was not appropriate and insufficient to alert the drivers as there was no warning sign on the wall right in front of the parked vehicle xxxxx but only a small poster seen sticking on the wooden fence at the far rear side. (Ref. Image 2)

    5. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. (Ref. image 3)

    6. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

    7. The Defendant has the reasonable belief that the Claimant has not incurred 60 costs to pursue an alleged 100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case 100.

    8. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

    Statement of Truth

    I believe that the facts stated in this Witness Statement are true.
    Signature
    Date

    Very much appreciate.
    • Coupon-mad
    • By Coupon-mad 20th Oct 19, 10:24 PM
    • 78,297 Posts
    • 91,927 Thanks
    Coupon-mad
    VCS' template WS has been demolished more times than I can remember.

    You need to read other VCS threads where their WS has been pulled apart, so to find them, search the forum for:

    VCS demolish WS

    or

    VCS Roch Vine

    or

    VCS and any other surname they have quoted in case law.

    Have they included the actual Judge's judgment for the VCS v Ward case?
    Last edited by Coupon-mad; 20-10-2019 at 10:26 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • p1c2j333
    • By p1c2j333 21st Oct 19, 1:10 PM
    • 22 Posts
    • 3 Thanks
    p1c2j333
    Hi Coupon-mad, thank you for your response. I need further help for advice.
    1) Do you mean that I can not use the draft WS as which was demolished?
    2) Please kindly supply me with links as I could not get any result searching the forum as suggested.
    Very much appreciated.
    • Le_Kirk
    • By Le_Kirk 21st Oct 19, 1:20 PM
    • 7,188 Posts
    • 7,595 Thanks
    Le_Kirk
    C-m doesn't do links. Are you sure you are searching the forum properly? If you are using a phone, you won't get good results from any search. Did you change the radio button from posts to threads?
    • p1c2j333
    • By p1c2j333 21st Oct 19, 9:24 PM
    • 22 Posts
    • 3 Thanks
    p1c2j333
    I have finalised my WS and very much appreciate for comments before submission. Thank you.

    In the County Court at XXXXX
    Claim No. XXXXXXXX
    Between
    VEHICLE CONTROL SERVICES LIMITED (Claimant)
    and
    XXX (Defendant)

    -------------------------
    Witness Statement
    -------------------------

    1. I am XXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

    2. On [DATE], the driver of the vehicle bearing the registration no, XXXXX parked in the car park to visit some friends who are residents there.

    3. This car park is directly connected onto a public road (Elms Street, Derby), and there was no clearly marked boundary, entrance gate or signage to warn drivers who pass the entry point of the controlled residential area. (Ref. Image 1a and1b)

    4. The warning signage was not appropriate and insufficient to alert the drivers as there was no warning sign on the wall right in front of the parked vehicle xxxxx but only a small poster seen sticking on the wooden fence at the far rear side. (Ref. Image 2)

    5. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. (Ref. Image 3)

    6. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation. (Ref. Image 4a and 4b)

    7. The Defendant has the reasonable belief that the Claimant has not incurred 60 costs to pursue an alleged 100 debt. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is 100). This also depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts and the Claimant is well aware their artificially inflated claim, as pleaded, constitutes double recovery.

    8. In a very recent case, District Judge Taylor, dismissed a case from BWLegal that included a false amount of 60. "Claim number is F0DP201T District Judge Taylor,
    Southampton Court, 10th June 2019” ( Ref. ABUSE OF PROCESS)

    9. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14. (Ref. Schedule of costs)

    Statement of Truth

    I believe that the facts stated in this Witness Statement are true.
    Signature
    Date


    --------------------------------------------------------------------------------------


    In the County Court at XXXXX
    Claim No. XXXXXXXX

    Between

    VEHICLE CONTROL SERVICES LIMITED (Claimant)
    and
    XXX (Defendant)






    DEFENDANT'S SCHEDULE OF COSTS


    Ordinary Costs

    Loss of earnings/leave, incurred through attendance at Court xx/xx/2019 = 32.00

    Return mileage from home address to Court (5 miles x 0.45) = 2.25

    Parking near Court = 6.00

    Sub-total = 40.25
    ======


    Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)
    Research, preparation and drafting of documents (5 hours at Litigant in Person rate of 19 per hour) 95.00

    Stationery, printing, photocopying and postage: 20.00

    Sub-total = 115.00




    155.25 TOTAL COSTS CLAIMED
    • Coupon-mad
    • By Coupon-mad 21st Oct 19, 11:20 PM
    • 78,297 Posts
    • 91,927 Thanks
    Coupon-mad
    You haven't demolished their WS so you can't be searching the forum properly.


    HOW TO USE THE FORUM SEARCH FUNCTION:

    Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 22nd Oct 19, 12:04 PM
    • 5,852 Posts
    • 7,544 Thanks
    nosferatu1001
    Also, you left it nearly 3 weeks before coming bak for "urgent" help. Thats not how to get yourself in anyones good books!

    You should say you cannot recall who the driver was - if true OR state you were not the driver, as you have not answered that really obvious implied question.

    7) only the POFA definition of abiuse? what about the fact theyve not incurred those costs? If youre going to make arguments in a WS go the whole hog...
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