IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

VCS Ltd v HMRC (appeal won)

Options
So, VCS is no longer a valid defense as the verdict was successfully appealed. On the other hand, adds to the burden of proof of there being a contract in the first place.

http://www.bailii.org/ew/cases/EWCA/Civ/2013/186.html
Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.

Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    This is old news.
    Je suis Charlie.
  • Coupon-mad
    Coupon-mad Posts: 152,182 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We know this already...??
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Custard_Pie
    Custard_Pie Posts: 364 Forumite
    Coupon-mad wrote: »
    We know this already...??

    Yeah, I know that as it's from March 2013, but wondered why I was advised to include it in my appeal to POPLA?
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    It's still a valid defence if its not a parking permit area I believe
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Coupon-mad
    Coupon-mad Posts: 152,182 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yeah, I know that as it's from March 2013, but wondered why I was advised to include it in my appeal to POPLA?


    Because POPLA do still find in motorists favour when they use it - as you say - to add to the burden of proof of there being a BPA-compliant contract (giving a PPC the right to sue over it) in the first place.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Custard_Pie
    Custard_Pie Posts: 364 Forumite
    Coupon-mad wrote: »
    Because POPLA do still find in motorists favour when they use it - as you say - to add to the burden of proof of there being a BPA-compliant contract (giving a PPC the right to sue over it) in the first place.

    It's interesting though that PoPLA have made reference to it in their latest report, with comment that many people are incorrectly quoting it when it's been appealed?
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • Orrin
    Orrin Posts: 448 Forumite
    Part of the Furniture
    Yeah, I know that as it's from March 2013, but wondered why I was advised to include it in my appeal to POPLA?
    Because some people use a scatter gun copy and paste approach to POPLA and half the time don't really understand what it is they are using themselves or recommending to others.
  • HO87
    HO87 Posts: 4,296 Forumite
    So, VCS is no longer a valid defense as the verdict was successfully appealed. On the other hand, adds to the burden of proof of there being a contract in the first place.

    http://www.bailii.org/ew/cases/EWCA/Civ/2013/186.html
    I recommend reading the entire judgment. Assuming that because the original decision was overturned that the case is no longer relevant would be mistaken.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Coupon-mad
    Coupon-mad Posts: 152,182 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    HO87 wrote: »
    I recommend reading the entire judgment. Assuming that because the original decision was overturned that the case is no longer relevant would be mistaken.


    I agree. Still worth citing on certain points.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.