Defence due against VCS PCN

[CarKeeper]

Thanks a lot.
I'll see what I can put together now.

[CarKeeper]

Hi

Is something like this sufficient?
Any advice on how to open & close it?

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

It is also my belief that the Notice to Keeper is noncompliant with the Protection of Freedoms Act, Schedule 4, section 9(2)(a)

9

(1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2) The notice must

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates

;

The NtK only specifies a single moment in time but it is my understanding that a period of time is mandatory for the purposes of PoFA 2012.


I would also like to draw attention to IPC Code of Practice Schedule 1 - Signage

PART E Schedule 1 - Signage

Entrance Signs

This schedule prescribes the signage characteristics you must try to adhere to. It is accepted there will be instances where the nature of the controlled land does not make strict compliance feasible. In such cases you are required to keep to the spirit of the guidance.
Where a site does not invite parking of any kind, the ‘P’ sign may be omitted.
Where a car park has a defined entrance, you may wish to display entrance signs that do not contain the full terms and conditions of parking.

Entrance Signs should:

a) Make it clear that the motorist is entering onto private land
b) Refer the motorist to the signs within the car park which display the full terms and conditions.
c) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the
jurisdiction within which your company is registered).

Contrast and illumination

The colours used on signage should be such that the contrast between the background and the text makes the wording on the sign clearly legible. Black text on a white background or white text on a black background will provide a suitable contrast. Other colour combinations can be adopted at your discretion but you should avoid combinations which might cause difficulties for the visually impaired.
If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. You will need to ensure all signs are readable during the hours of enforcement as they form the legal basis of any charge.


There are no signs on approach to the car park. There are no signs upon entering the land. There are 2 signs on the back wall and 1 sign on the back half of one side wall. Non are illuminated. The area is surrounded by the walls of very high buildings on three side and generally feels quite enclosed. Two very tall lamps that look like they are intended to illuminate the area in general are currently not working.
The only other lighting is very high up on an adjacent building and does not illuminate anything specifically and is insufficient in illuminating the signs that are there. It is my opinion that the lack of any entrance signage, position of signage and lack of sufficient illumination makes them totally inadequate for the purpose of bringing parking conditions to the attention of motorists.

[charitynjw]

Hi

Apologies for the tardy response....I was out all yesterday evening.
Have you now filed a defence?

If not, you need to do so now.
A typical defence layout is
https://legalbeagles.info/library/gu...-court-claims/
(The example is for a Consumer Credit dispute)
Para #'s 1 & 2 should be used in any defence.
I would also normally use paras 15-18.
The middle paras are obviously going to be the ones defending your circumstances.
Try to ensure that you address all the Claimant's allegations (Particulars of Claim), plus add any other relevant issues which aid your arguement.

If you file via MCOL, you don't need to add the header (XXX v YYY, Claim no etc)....... that will automatically be added when you log in.

[CarKeeper]

No problem.
Yes filed as above, about 3 minutes before the deadline!
Oh well, not your usual layout then obviously!
What happens next?

[charitynjw]

No problem.
Yes filed as above, about 3 minutes before the deadline!
Oh well, not your usual layout then obviously!
What happens next?

Once your defence is filed & accepted, a copy is sent to the Claimant.
They may (often do) have to reply to it, usually within 28 days.
The court will give directions re the above (you should receive notification).
Then comes the Directions Questionnaire (The 'track' & venue which you would prefer....normally Small Claims & your local court for this type of case.)

[CarKeeper]

Ok, thanks a lot. Much appreciated. Will update on progress. Cheers.