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County Court Claim BW Legal - VCS Parking Charge Notice

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  • #16
    Re: County Court Claim BW Legal - VCS Parking Charge Notice

    You could write back and point out to them, as a SRA regulated firm, that they should know E v L was a criminal case where forensic evidence, amongst other things, showed that the keeper was the driver. Please supply proof with comparable standing. You have also had E v L disallowed by a judge in recent cases. The other case are not applicable at all as this was an employer/employee relationship matter

    Comment


    • #17
      Re: County Court Claim BW Legal - VCS Parking Charge Notice

      I agree. Chancing bast@rds.

      M1

      Comment


      • #18
        Re: County Court Claim BW Legal - VCS Parking Charge Notice

        [MENTION=39331]ostell[/MENTION] Thanks for the feedback, I've sent a letter off to them mentioning both court rulings are not applicable. However I only did this yesterday and I've just this morning received another letter stating the following:

        'Our client intends to continue with the claim.

        We have filed notice of our client's intention to proceed with the court
        Yours faithfully
        BW Legal'

        Do you reckon this is yet another scare tactic? It's sounding like they will actually take this to court

        Comment


        • #19
          Re: County Court Claim BW Legal - VCS Parking Charge Notice

          It is my understanding that VCS do not reply on keeper liability and do not comply with PoFA Schedule 4 anyway.

          Did you receive a PCN on the screen?

          I have them on my back at the moment and have recently defended a claim. I have another 19 days before they have to decide whether or not they are continuing with their claim following my 7 page defence.

          It looks as though yours is further on. They have 28 days + 5 days from date of your submission to respond to your defence. I haven't read your post fully as yet as I am time strapped but I will do. I assume you have submitted a robust defence with the help of the folk here.

          They usually use E v L which is not valid and Parking Eye v Beavis. Again, this can largely be irrelevant in many cases of parking on private land.

          If I feel I can offer anything of substance to your thread, I will do in due course but I think you are probably so far down the route, it would just perhaps cause confusion.

          Comment


          • #20
            Re: County Court Claim BW Legal - VCS Parking Charge Notice

            Originally posted by InnocentMotorist View Post
            [MENTION=39331]ostell[/MENTION] Thanks for the feedback, I've sent a letter off to them mentioning both court rulings are not applicable. However I only did this yesterday and I've just this morning received another letter stating the following:

            'Our client intends to continue with the claim.

            We have filed notice of our client's intention to proceed with the court
            Yours faithfully
            BW Legal'

            Do you reckon this is yet another scare tactic? It's sounding like they will actually take this to court
            It will go to court. Whether it makes a hearing is an altogether different question.

            M1

            Comment


            • #21
              Re: County Court Claim BW Legal - VCS Parking Charge Notice

              Hi All,

              Sorry i've not updated in a while but there's not been any movement until now.

              I've received a letter from The County Court which states the Claimant must file a properly completed application before a set date otherwise the claim will be struck out. My defence did identify that the claimant had signed the claim on behalf of the company and not with an individuals name.

              If they do re-submit then a court date has been set. The letter does encourage me to go through mediation which i have previously declined.

              I'll let you know if the claimant does file a properly completed application!

              Kind regards,

              InnocentMotorist

              Comment


              • #22
                Re: County Court Claim BW Legal - VCS Parking Charge Notice

                HSBC Aka DG solicitors got called to base over this isssue.

                Comment


                • #23
                  Re: County Court Claim BW Legal - VCS Parking Charge Notice

                  Hi,

                  I thought i was finally rid of these guys but I've just received an email from BW Legal stating they have submitted a Witness statement to the court dated 10th July. I have linked images of the witness statement with redacted info. As you can see the statement is dated 10th July - The letter i received from the court in April stated that if the claimant did not file a properly completed application then the claim would be struck out with effect from 5th July. Does this mean the claimant has filed the papers too late?

                  Witness statement - http://imgur.com/a/u1Uqp [MENTION=5354]mystery1[/MENTION]
                  Thanks for your help

                  InnocentMotorist

                  Comment


                  • #24
                    Re: County Court Claim BW Legal - VCS Parking Charge Notice

                    Originally posted by InnocentMotorist View Post
                    Hi All,

                    Sorry i've not updated in a while but there's not been any movement until now.

                    I've received a letter from The County Court which states the Claimant must file a properly completed application before a set date otherwise the claim will be struck out. My defence did identify that the claimant had signed the claim on behalf of the company and not with an individuals name.

                    If they do re-submit then a court date has been set. The letter does encourage me to go through mediation which i have previously declined.

                    I'll let you know if the claimant does file a properly completed application!

                    Kind regards,

                    InnocentMotorist
                    Can i see this please ?

                    Fom what you say it sounds like the claim will be struck out. I'd call the court to confirm if the judges order was complied with.

                    M1

                    Comment


                    • #25
                      Re: County Court Claim BW Legal - VCS Parking Charge Notice

                      Originally posted by mystery1 View Post
                      Can i see this please ?

                      Fom what you say it sounds like the claim will be struck out. I'd call the court to confirm if the judges order was complied with.

                      M1
                      Sure, here it is - http://i.imgur.com/wqF2CzU.jpg

                      I'll be ringing the court in the morning to find out if they have struck it out or whether the claimant submitted the necessary files before 5th July.

                      Thanks for the quick reply.

                      Comment


                      • #26
                        Re: County Court Claim BW Legal - VCS Parking Charge Notice

                        All they had to do was pay £25 OR file an application for fee remission (which no company does). It's worth checking they paid but they probably did.

                        When is the deadline for you to file your evidence (including any witness statement) ?

                        M1

                        Comment


                        • #27
                          Re: County Court Claim BW Legal - VCS Parking Charge Notice

                          "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing" - so that gives me until Wednesday 19th July to provide them with my witness statement.

                          Originally posted by InnocentMotorist View Post
                          http://imgur.com/a/Fc7Kc
                          At this link you will find:
                          1.0 County Court Claim Form January 2017
                          2.0 VCS Final Reminder Notice 16th April 2015
                          3.1 VCS Cover Letter -Your account has been passed to our legal team 23rd May 2016
                          3.2 BW Legal - First Letter 23rd May 2016
                          4.0 BW Legal 21st June 2016 Final Notice
                          5.0 BW Legal Letter of Claim 22nd July 2016
                          6.1 car park photo with single sided signs x2 september 2014
                          6.2 car park photo with double sided signs x3 april 2015
                          6.3 VCS Signage
                          7.0 VCS Parking Permit

                          I used Google maps to decipher when they changed the signage at the premises as you will see from 6.1 and 6.2. It's clear they themselves believed the signage to be insufficient if they have since added an additional sign and made them double sided. Previously the signs were only readable from the road, not from within the car park and so anyone leaving the car park would not be able to see these signs visible. Furthermore the signs are at the immediate entrance the to premises on which a busy road passes so it is unsafe for a driver to stop in the road to read the signs. The driver of the vehicle is confident the signs were not double sided at the time of the claimed incident.

                          InnocentMotorist
                          In the claimants witness statement they have included photos of the car park where the signage is double sided but the photo is dated 27th March 2015 - several weeks after the claimed offence. Do I have a leg to stand on?

                          Comment


                          • #28
                            Re: County Court Claim BW Legal - VCS Parking Charge Notice

                            I'll get back to you after work if i can (it should be quieter this week hopefully)

                            M1

                            Comment


                            • #29
                              Re: County Court Claim BW Legal - VCS Parking Charge Notice

                              The claimant has paid the court fee in time so i guess id better file my witness statement sharpish!

                              Based on the images i've sent so far, is there any other argument you would suggest i include other than insufficient signage?
                              - The claimant is relying on the appeal ruling from Chaplair Limited v Kumari [2015] - this concerns a tenancy rental agreement, not motoring.
                              - The claimant is also relying on ParkingEye v Beavis - the offence is claimed to have been committed on private land, can this case be called upon?
                              - Will they need to prove the defendant was in fact the driver on that day? There is no evidence of the driver
                              - Does the claimant need to provide evidence of the incurred costs amounting to the £100 defined in the "contract"

                              Thanks again!

                              Comment


                              • #30
                                Re: County Court Claim BW Legal - VCS Parking Charge Notice

                                Hi,
                                [MENTION=5354]mystery1[/MENTION]
                                My defence so far is as follows:

                                "Defense
                                1. The claimant believes there was sufficient signage on the date of the claimed offence. The defendant believes the contrary is true. See pages [1-4] of document ‘AB01’ where photos of the signage before and after the date of the claimed offence illustrate that the signage had changed. Images [RS1-RS4] of AB01 which is dated September 2014 shows the signage was not double-sided. It also shows that the signage was only visible from the road entrance and therefore could only be read upon entering. Considering the location of these signs it is impossible for a driver to read them without entering the premises as a busy road restricts the opportunity to stop and read the signage. Furthermore once in the premises the signs can still not be read as they are only visible from the road.
                                Images [RS5-RS8] dated April 2015 show the signage was changed to be double-sided. The fact that additional signage was added between the dates of September 2014 and April 2015 by Vehicle Control Services (VCS) proves that the claimant themselves did not believe the signage to be sufficient or substantial. I put it to the claimant that the signage on the date in question of 3rd March 2015 was not sufficient or substantial in any terms, including their own."

                                Here are the images from 'AB01' - http://imgur.com/a/2VAoa

                                Comment

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