VCS Parking Charges (3) - Resulted In County Court Claim Form

The_Slithy_Tove

KimmyHrunt wrote: »

I dont know what evidence they have, i believe they take pictures.

So what if they have pictures? You aren't denying the vehicle was there.

They will be relying on the signage (which is a right mess, and can easily be challenged). They will also have to demonstrate (because you will demand it of them) a chain of contracts between the landowner and themselves which allows them to create contracts, apply charges and pursue them to court. They'll also have to demonstrate how such contracts can circumvent the terms of the leases that the landowner has with the lessees. Which is why you MUST get hold of that lease.

KimmyHrunt

Issue date on the claim form is the 5th Oct

Day of service = 10th Oct - "5 days after the issue date" according to the back of the form

Cut-off = 24th.

Am i right in the above?

Thanks everyone. We have requested a copy off the lease from site manager.

The_Slithy_Tove

See post #7. Do it NOW, there's no need to delay the acknowledgement. You'll then need to get your skates on, as you've already lost 10 or more days.

KimmyHrunt

Acknowledged. I am doing some digging and will report back.

Again, thanks for your help everyone

KimmyHrunt

Also, forgive my silly questions, but am i right in thinking that i'm way past the option of submitting an POPLA appeal?

Thanks

beamerguy

KimmyHrunt wrote: »

Acknowledged. I am doing some digging and will report back.
Also, forgive my silly questions, but am i right in thinking that i'm way past the option of submitting an POPLA appeal?

Again, thanks for your help everyone

It is past it's sell by date so take notice of the advice on here

Umkomaas

POPLA was never an option with VCS, they are not a BPA Operator.

Half_way

As previously mentioned the lease here is key, and you should also be badgering the management company that took on VCS.
You should demand that the management company instruct VCS to cancel all court action


but the key, as yet unanswered question is - what does the lease say.
The signs that you mention dotted around are technically irrelevant

Here is another sign

If someone was shot at would it be OK because theres a few signs dotted around?

KimmyHrunt

Again, thanks for all the replies, i appreciate your time.

I have just located contact details for the management company for the complex. Although i have read the notice board, which is in the attached picture.

https / postimg.org/image/td7w4qyt7/

I'm going to get in contact with the management company and request a copy or visibility of the contact with VCS, i'm just debating how to word my email.

Coupon-mad

They won't supply it. As long as you challenge VCS' standing in your defence you will see the contract just before/at any hearing.

https://postimg.org/image/td7w4qyt7/

I see that information has nothing to inform you about the risk of a charge, nor does the sentence about the permit scheme direct you to read any t&cs on signs, to draw the so-called charge to your attention. So, the charge was not part of the permit contract then, when you accepted the permit from the management company (when you formed a contract with them, in fact, not VCS).

Search this forum for 'BW Legal defence' or 'BW Legal roboclaim' and you will find dozens of defences written recently, to plagiarise. Much easier than you would think at this stage. There is more paperwork along the way and this is summarised by bargepole in his post about what happens when (as linked under 'Small Claim?' in the NEWBIES FAQs thread at/near the top of this forum).

Once you've done that homework, show us your draft defence version like all the rest.

KimmyHrunt wrote: »

May be a silly question, but what happens if i do indeed lose the case?

You would then pay, maybe £150 tops for £100 charge - no huge costs, nothing else happens, no CCJ, no repercussions. NOWT to worry about.