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VCS Spanked in Court Today

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​Sheffield County Court
Case No. 3QZ64216
VCS v Rachael Finn
Claim for £732.81 + Court Costs (multiple tickets)

I prepared all the defence packs for this lady, and handed the case over to kirkbyinfurnesslad as it's his territory.

He's just been on the phone to say the claim was dismissed, with £95 costs awarded to the defendant.

Apparently the killer point was GPEOL, the Judge ruled that VCS's calculations of loss didn't bear any relation to the parking incidents.

No doubt KIFL will supply further details when he gets home.

I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments

  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I hope PE are also taking note regarding their false claims about never ever losing a court case over GPEOL.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wonder if Simon Renshaw Smith will have anything to say on this? Remember his comments when Excel lost the Peel Centre case, saying the judge was a disgrace to her profession?
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Folkiedave
    Folkiedave Posts: 227 Forumite
    Well done to all concerned. I do think the judges are getting wise to these Private Parking Companies.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Folkiedave wrote: »
    Well done to all concerned. I do think the judges are getting wise to these Private Parking Companies.

    Indeed. SRS may well be sending a thank-you bouquet to Rachel Ledson. Of poison ivy.
    Je suis Charlie.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Wonderful news
    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:
  • First of judge asked what capacity I was there in, so pointed him to it in CPR
    Vcs had no objections( quite a nice guy actually)
    Judge started of by saying the case lay on three thing, locus/GPEOL/signage.

    First of on locus standi he was satisfied (just) that they had standing due to the witness statement being signed by the same person and that it referred to the bpa code of practice
    He said the contract they produced nothing and vcs then produced the contract which i objected to and if they wished to rely on it then i would ask for an adjournment, vcs said they wouldn’t show it. Judge said in any case no adjournment and to be dealt with today
    He then spent most of the hearing going through the GPEOL statement, on each figure vcs went first then I questioned what they said etc. I tripped them up on quite a few of the points, and the judge agreed. The was no proof for these figures. I managed to get him in a twist over debt collection costs etc. VCS kept going back to a 2003 case (http://www.bailii.org/ew/cases/EWCA/Civ/2003/1669.html) where he kept saying about how GPEOL could be for a foreseen outcome according to this ruling

    On the issue of signage this went mainly the way of vcs.

    Judge then adjourned.

    Vcs won on standing and signage
    On the case of GPEOL he went to Thurlow judgement as it was the only relevant case. He said the document was unsatisfactory, there was no proof of these figures and that if the business operated like this it must owe a lot of money. Claim was then dismissed. Costs awarded

    I only realised we were going to win when he left gpeol to last and said this was the most difficult bit

    The judge commented on why was the no real binding judgement and mentioned that the would be at some point a hearing in cambridge

    Quick chat at the end about parking eye and the vcs guy said how much all the parking companies were waiting on this court hearing
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    The judge commented on why was the no real binding judgement and mentioned that the would be at some point a hearing in cambridge

    Clearly the judicial grapevine is operating!
    Je suis Charlie.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Would that be Professor Rachael Finn, University of Sheffield?
    You never know how far you can go until you go too far.
  • bargepole
    bargepole Posts: 3,236 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The_Deep wrote: »
    Would that be Professor Rachael Finn, University of Sheffield?
    The very same.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Marcyboy88
    Marcyboy88 Posts: 30 Forumite
    Really pleased to hear about someones success! In the early stages of waiting for the NTK myself. My landlord owns the bay I got the 'invoice' in, with proof of deeds, so if it ever should get to court I hope it will get laughed out.

    Again though, pleased for Rachael and the brilliant people that have helped her.
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