VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA ***Claim Dismissed***

[ericsbrother]

I have had a look at the land registry document you sent me and it initially refers to the land before any building took place.

Now what it does say againt each reference for the title deeds of the flats subsequently built is that the title for the property INCLUDES the parking space as part of the property included in the lease.

This means that VCS have to contract with the leasholder and Broomhall have no rights to make contracts that impinge upon the title absolute of the properties.

 

So,  to damn VCS we have no signs, a developer who has sold off the parking with the flats ( perhaps apart from a small number) so any contract doesnt apply to the parking spaces that go with those properties  referred to in the deeds

[Geocyper]

Hi. Thanks for your effort, I am starting to work on my defence now.  I would be greatful if you could guide me in weaving this into my defence statement.

I have done as tou advised and got aerial view off car park i marked all the signs.

 

Thanks again.

[ericsbrother]

for the moment all you need are bullet points.

so for example

1 the claimant has no contract with the landowner and trespassed on the defendant's property as the legal occupier of the land at the time.

2 In any case no contract was offered by the claimant to the defendant.

you need to submit this fairly shortly, do so online and you wont have to send VCS a copy

Edited July 4, 2019 by ericsbrother

[ericsbrother]

all of the stuff you are gathering will be needed later as VCS are pig headed and greedy

[Geocyper]

 Have got all my pictures of car parking area and signs, I have calculated that my defence does not have to be into the court until 23 July 19 16:00 pm. 

 

Is there any structured layout that I can use to layout my own defence statement that fits the situation, 

no Permit to park 

 

I have looked but cannot find any that fits,

 

all help welcome.

[dx100uk]

will be an adaption of our very short 3 lines defence

should be on most PCN Claimform threads here 

[Geocyper]

Thanks dx100uk.

[Geocyper]

Hi dx100uk,

 

Sorry I can’t find what you pointed me to,

“will be an adaption of our very short 3 lines defence

should be on most PCN “ claimform,

 

can you you give me a pointer, been looking an hour.

 

Thanks.

[FTMDave]

EB's post 4 in the above is a good starting point.  You'll probably have to tweak it though.

 

 

https://www.consumeractiongroup.co.uk/topic/413049-premier-parkpp-legal-pcn-salford-court-claimform-no-ticket-wright-street-car-park-southport-won/#comments

[dx100uk]

hey let EB sort it 

you are WEEKS AWAY from having to file it.

 

go enjoy the weather

no rush to do now at all.

 

dx

 

[Geocyper]

Ok thank all for you reply’s 

 

Thanks dx100uk.

 

Will it be OK to submit this to the MOC.  I know the claim number has to be put on plus the claimants name and the defendants.

 

Defence Statement.

 

1. The claimant has no contract with the landowner and trespassed on the defendant's property as the legal occupier of the land at the time.  The terms are forbidding.

 

2. In any case no contract was offered by the claimant to the defendant.

 

3. Further to this the defendant does not believe that the claimant has locus standi.

 

[dx100uk]

not if you file by MCOL 

just the text if EB says its ok

but NOT YET!!

its not due till the 23rd!!!

[ericsbrother]

the idea of waiting until the last knockings is to stop the claimant modifying their claim to fit in with what you are saying.

now for what you have written, your point 1 makes 2 separate rebuttals so separate the forbidding nature argument from the lack of authority.

Whilst we are on his point have a good read of teh POFA and note paras

2(1)

2(2)

2(3)

4

5(1)

8(2)(a)

9(2)(a)

in their POC they claim that the defendant is the keeper/driver but fail to differentiate between the two and when you have read the passages I refer to you will realise that they havent followed the rules( lack of permission of occupier of land-ie your mate) havent got signs up ( the random ones dont count as the ownership and hence possible authority is not contiguous) where you parked and so forth.

It would be worth using those points to show a lack of contract at this early stage so you can then ask for their claim to be dismissed under CPR 3.4.

Pinkavelvet got her win on the fact that their claim didnt show why money was owed by the defendant and you can use that as being persuasive bearing in mind the POC is just a straight copy of someone else's homework

[Geocyper]

ericsbrother,

 

Thanks, will look at the documents you have asked me to study.

 

Hi ericsbrother,  I have read schedule 4 POFA, printed a copy out.  I have rearranged the forbidding nature from the lack of authority.

 

i have been unwell over the last week so my brain is a bit foggy, can I ask please the following:

 

1. In your post 36, you say I must get the points you suggested into court fairly quickly, but in my own words.

 

2. Is my whole defence, with all the relevant documents the one that has to be in by the 23 July 19?  This will include the points you made to me about POFA.

 

Sorry if I sound muddled been on medication, panicking a bit.

 

 

[dx100uk]

your defence for the 23rd will only be 2 or 3 lines

everything else will be for your witness statement at the disclosures stage IF the claim runs that far.

 

look at other pcn claimform threads

find the one that encompasses the premise explained in EB last sentence of post 48

 

 

[Geocyper]

dx100uk, Thanks so much.

[Geocyper]

Good morning,

 

ericsbrother, I am due to have my defence in by 23 July 2019, is this ok.

 

Cheers.

 

1. The claimant has no contract with the landowner and trespassed on the defendant's property as the legal occupier of the land at the time. 

 

2. The terms are forbidding.

 

3. In any case no contract was offered by the claimant to the defendant.

 

4. Further to this the defendant does not believe that the claimant has locus standi.

[ericsbrother]

I would change the order so they flow better. so

1, 4, 3, 2 and expand on 2 to say that "in any case the signage elsewhere is forbidding so not a genuine offer of terms to park"

[Geocyper]

Hi, thanks so much, will do it on MCO.

 

 

[ericsbrother]

good. VCS are likely to drop this at the last knockings but proceed as though they are going to go all the way

[Geocyper]

We live in hope .  When can I expect to received a response to my defence, if any from them ?

 

Thanks.

[ericsbrother]

the court wil then send you an allocation questionnaire that just asks you for dates you arent available and whether you want to settle by mediation. VCS may try and harass you with theor own letter writing but ignore them and do waht the court says.

[Geocyper]

Thank you so much for heads up.

[Geocyper]

Good morning,  I have done all the paperwork now, I now want to start concentrating on my witness statement.  I know that the Court day (if it transpires) is a bit down the line.

 

what do I need to do to prepare for this, documentation etc?

 

Thanks 

[ericsbrother]

tell us what you think you should say.

 

Star by telling  your story but do so in the third person so you dotn confuse the I with any particular person who may have a liability when you as the keeper dont.

 

So "the  vehicle owned by the defendant ( car, reg) was photographed entering and exiting the land at ......... on the xxth of xxx 2018,  the defendant was not the driver at the time

rather than my car was photographed but I wasnt driving.

 

By being dispassionate you make it easier to follow who the players are without naming them and it doesnt look like a personal thing.

 

so yu tell what happened as a timeline, what you got in the post and thenh you say why you dont owe them any money so no keeper liability if applicable, lack of contract and so forth.

 

You also prepare a bundle of evidence to support your side of the story so pictures of signs, planning law extracts, other persuasive cases, and so forth. You will need to mention them in your statement as appropriate but by keeping all of the reference stuff separate fro the story you ake it easier to refer to without losing the thread.