VCS Robin Hood Airport - notice for court proceedings

nocharge123

Hello i've been in a mixup over a charge from Vehicle Control Services over an Outstanding Parking Charge Notice from July 2013. I've followed the necessary steps of appealing to the company and also appealing to POPLA, but both were disallowed. I have now recieved a letter from VCS titled in red bold font NOTICE OF INTENDED COURT PROCEDINGS, and don't know where to turn next. I have read a lot of topics started on this forum about the VCS in Doncaster and how they are cowboys etc, but I haven't come across a topic with the case going as far as this. Any ideas please? I have no intention of paying the £100 fine that has been placed on me, as that cost certainly exceeds the damages that I have caused, or if there was any caused for wating on the side of the road, for about a minute or less. All Help Appreciated!

The_Slithy_Tove

Is it actually a Letter Before Claim, in which case top sticky thread: https://forums.moneysavingexpert.com/discussion/4754020

Or is it just another threat with red writing, in other words more bluster? Unless it's an actual LBA/LBC, ignore it.

What did you put in your POPLA appeal? Clearly not anything from this forum (why didn't you come here at POPLA stage???) as forum-assisted POPLA appeals always win. APCOA are particularly useless at getting it right where it comes to airports.

spacey2012

You will have to wait and see if you receive court papers from the county court directly.
If you do then you will need to file a defence, which unless you get a senile judge you will win.
Even if you lose, as a contracted penalty is contrary to case law, you have an automatic right of appeal to a higher court where the law must be interpreted.

There has been a lot of talk of pre court protocols, these are usually ignored and a simple apology to the judge by the solicitor is normal and dispenses with that argument in the first 30 seconds, so I would not get hung up them.
Just await and see if they send stamped court papers, then you hit them back very hard and very fast giving them little time to prepare the case correctly or serve additional documents.

nocharge123

Thanks for your help, I have no idea, wish I did though and will do in the future if this happens again!

It's not an actual pre court letter, it's a warning letter from the VCS stating that if I don't pay them the charge they will "commence legal procedings against you without further notice"

I keep telling myself that it's nothing to worry about, but what if they do take it further and im sent to a small claims court where I have no choice but to pay the £100 + court fees?

I also really appreciate the help I have recieved so far!

spacey2012

Well if the court decides, which is very rare with a good defence and even if they do an appeal is almost 100% guaranteed to succeed, then as you said you will have no choice.
As it stands you do.
Statistically, even including the recent spurt of cases by the nastiest Scam yoir customers PPC in town Parking Eye, you are still looking at odds of well over 50,000 - 1 of them winning a court case if any.

Get-Out-Of-Debt

Newbie here, like OP (although Excel - same as VCS) lost at POPLA (assessor did not even consider my the pre-estimate of loss argument - just seemed to accept the 'liquidated losses' statement from the PPC; nor seem to take into account my photos of signage at site :-( so disallowed!! I had the Notice of Intended Court Proceedings but if you read carefullly they actually say 'may', this was several weeks ago so just waiting their next move.

The_Slithy_Tove

Get-Out-Of-Debt wrote: »

Newbie here, like OP (although Excel - same as VCS) lost at POPLA (assessor did not even consider my the pre-estimate of loss argument - just seemed to accept the 'liquidated losses' statement from the PPC; nor seem to take into account my photos of signage at site :-( so disallowed!! I had the Notice of Intended Court Proceedings but if you read carefullly they actually say 'may', this was several weeks ago so just waiting their next move.

Can you post - IN A NEW THREAD - details of your appeal and of their rejection. It would help us learn what works and what doesn't at POPLA. It could be that you didn't use the best wording, or it could be that they are just being inconsistent, which would warrant a complaint to the lead ajudacator.

Coupon-mad

nocharge123 wrote: »

Thanks for your help, I have no idea, wish I did though and will do in the future if this happens again!

It's not an actual pre court letter, it's a warning letter from the VCS stating that if I don't pay them the charge they will "commence legal procedings against you without further notice"

Errrrm, yes it is a real pre-court letter (albeit probably not a compliant one) and you simply need to read the LBCCC sticky thread at the top.

You've not read any cases like yours because no-one here loses at POPLA and unfortunately, it's true that you wouldn't have done either if you'd used the normal winning POPLA appeal wording you could have found in about 30 seconds on here. We even have VCS/Airport examples ready to go to POPLA...

At least read the right advice in time now and go to the LBCCC sticky thread at the top (no links given, you should be reading the stickies as a given, now that you are close to court). You must robustly respond with what's wrong with the letter.

Dare we ask, did you actually tell VCS who was driving in your appeals as well? If so, oh dear, you threw away your biggest defence & appeal point if you implied or named who was driving on Airport land where the registered keeper is not liable! This is going to take some proactive responses from you to VCS and maybe a court defence now.

kirkbyinfurnesslad_2

Get-Out-Of-Debt wrote: »

Newbie here, like OP (although Excel - same as VCS) lost at POPLA (assessor did not even consider my the pre-estimate of loss argument - just seemed to accept the 'liquidated losses' statement from the PPC; nor seem to take into account my photos of signage at site :-( so disallowed!! I had the Notice of Intended Court Proceedings but if you read carefullly they actually say 'may', this was several weeks ago so just waiting their next move.

Yes this statement needs challenging when people get it from the ppc

Coupon-mad

Get-Out-Of-Debt wrote: »

Newbie here, like OP (although Excel - same as VCS) lost at POPLA (assessor did not even consider my the pre-estimate of loss argument - just seemed to accept the 'liquidated losses' statement from the PPC; nor seem to take into account my photos of signage at site :-( so disallowed!! I had the Notice of Intended Court Proceedings but if you read carefullly they actually say 'may', this was several weeks ago so just waiting their next move.

Not that I disbelieve what you are saying but we've never seen no GPEOL lose against VCS. So this would be a first. And you should have responded by now as per the LBCCC thread. Start your own thread please AFTER you've read the sticky info thread about LBCCC fightback. That LBC wasn't a letter to ignore.