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VCS - Court

2

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Contact the DVLA about this enclosing the ticket.
    Tell them this is not your VRN or vehicle and request they confirm to you in writing you were never the registered keeper.
    Ask them to investigate as a matter of urgency what VCS are doing.

    Then advise BWLegal that you are not the keeper of this VRN and that you have requested the DVLA confirm this. Once you have this confirmation you will resume correspondence with them.
    Failure to comply and cease their threats will result in complaint to the SRA.


    No no no, you have done enough, let sleeping dogs lie. If they take you to court they will have to explain why to a judge.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    The_Deep wrote: »
    Contact the DVLA about this enclosing the ticket.
    Tell them this is not your VRN or vehicle and request they confirm to you in writing you were never the registered keeper.
    Ask them to investigate as a matter of urgency what VCS are doing.

    Then advise BWLegal that you are not the keeper of this VRN and that you have requested the DVLA confirm this. Once you have this confirmation you will resume correspondence with them.
    Failure to comply and cease their threats will result in complaint to the SRA.


    No no no, you have done enough, let sleeping dogs lie. If they take you to court they will have to explain why to a judge.

    Probably the OP does not want to go court and it's the BWL boys goodness knows, plus ..... the DVLA SHOULD LOOK AT VCS DOING THIS
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    edited 24 September 2016 at 5:00PM
    yotmon wrote: »
    At least this prevents them from claiming that the tickets were tampered with. Also, they will have no photographic evidence showing the ticket attached to the vehicle.

    So, if it can be proved that a 'notice to driver' was not issued at the time, am I right in saying that a 'notice to keeper' should have been sent within 14 days. What date is on your Notice to keeper ?

    That's an interesting point. If a windscreen ticket for the correct vehicle had been handed to the driver and no appeal made, the PPC would need to send a NTK between day 28 and 56. How can this have got to court without sending a NTK to the registered keeper unless the keeper has moved and not updated their records with the DVLA?

    If no windscreen ticket is given, then they have to issue a NTK within 14 days. In this case, they haven't done that. The haven't issued a windscreen ticket for the vehicle in question and haven't issued a NTK for it either.
    I married my cousin. I had to...
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  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
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    HC77 wrote: »
    Ticket wasn't put on the windscreen at all. It was handed out in person by VCS employee.
    Appealsd every stage stating we have a void ticket not relating to correct vehicle.
    Now they're going down the route of threats of court and CCJ. It's been sent for court proceedings now.

    OK - good - well that will be a decent defence point among all the other usual ones you will see on here (check out the threads from today, we have at least two BW Legal court defences being discussed right now). Well worth fighting, and complaining to the CSA and SRA about this 'robo-claim' as well as Sir Oliver Heald and Theresa May and your MP...as discussed in the Theresa May thread here.

    Read the links under the heading 'Small Claims?' in the NEWBIES thread and follow bargepole's advice about Acknowledgement of Service. Then - after doing the AoS as your FIRST STEP, to buy yourself more time - show us your defence based on all the zillions of others here.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • fil_cad
    fil_cad Posts: 834 Forumite
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    What a bunch off camel jockeys VCS and BWLoosers are
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • HC77
    HC77 Posts: 12 Forumite
    So for anyone who’s interested, I had the court hearing for this case last Tuesday, and I’m happy to say that I won! The judge ruled the case in my favour due to the car park having insufficient lighting. Here’s a quick summary of the day for anyone who may be in a similar situation to the one I was in and is a bit unsure of how the hearing process works:


    I arrived at the court house a bit before my hearing was due to take place and upon entering the waiting room I was asked by security to empty my pockets and was patted down etc. I then spoke to the receptionist and signed in. @Lamilad, who had very kindly volunteered to act as my lay rep for the hearing, arrived shortly after and signed in as well. @Lamilad and I then spoke to the solicitor that was representing VCS/BW Legal and informed her of some preliminary matters which questioned her right of audience in the hearing (the judge rejected these matters for reasons I’ll explain later). Before we could properly finish the conversation we were called into the judge’s room for the hearing. The judge started with the first point in my defence statement (this funnily enough was as far as he got into my statement) which basically stated that there weren’t enough signs and that none of them were appropriately illuminated for any ordinary person to have seen. He questioned the solicitor on this matter to which her reply was that VCS had done everything the regulations stated they should regarding the amount of signs and the lighting. The judge then referred to bad quality pictures of my car taken on the night by the ticket warden and stated that these show the lighting was clearly insufficient and supported my point. At this point the judge then ruled the case in my favour, the hearing only took around 15 minutes in total so it would seem he made his mind up before the hearing begun which would explain why he rejected the preliminary matters earlier on. I was only awarded £5 in total for fuel+parking, I tried to argue that I should be compensated for having to miss time at university for the hearing but he said it doesn’t count as loss of earnings. It’s a shame I couldn’t recoup all of my losses but I’m just glad to have it over and done with.


    I’d like to say a huge thanks to @bargepole for preparing all of my defence documents for me and for all of the advice he’s given me. Also to @Lamilad for representing me on the day, although it turned out to be a short hearing, it was good to know there was someone with the experience and knowledge on hand to help.



    Thank you to everyone who replied to the thread offering help and advice, it’s great to know people are so willing to help. Hopefully more people can find sites like this and get the advice they need in order to take the fight to scumbag parking companies like VCS!
  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
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    Well done to you, bargepole and Lamilad, both defence wording writers and lay reps who come highly recommended. This is your case reported by the Parking Prankster:

    http://parking-prankster.blogspot.co.uk/2017/03/court-report-new-lay-representative.html

    Great!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Matthew87
    Matthew87 Posts: 64 Forumite
    First Post
    HC77 - Any chance of your surname? And which Court?

    Adding your win to my persuasive list, but "VCS v Mr O'C 14/03/17 Unknown C7DP3H5T" doesn't quite look right! Haha
  • Matthew87
    Matthew87 Posts: 64 Forumite
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    Plllleeeeeaaaase... surname and which Court??
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Matthew87 wrote: »
    Plllleeeeeaaaase... surname and which Court??

    I have emailed the OP to ask for his permission.... Don't want to leave myself open to a breach of DPA claim ;)
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