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

KimmyHrunt

So, an anonymised version of the agreement is below:

3. The Company will:
3.1 Erect and maintain warning signs at the car park indicating that it is private property for the use of VALID PERMIT HOLDERS IN DESIGNATED BAYS, (additional terms and conditions may also be stated including the charge) and that vehicles found to be in breach of any other stated terms and conditions will be liable for the payment of a parking change. The signs will act as an extension to this agreement and may be altered in content at the Company’s discretion from time to time.
3.2 Supply to the Client Parking Permit for issue to authorised vehicles at a cost of XXXX XXX XXXX per permit and XXXXX XXXX per book of 100 guest permits.
3.3 Supply to the Client a Permit Instruction Sheet, which gives details on how to display the permits.
3.4 Inspect the Car Park at such intervals as the Company in its discretion thinks necessary from time to time and issue Parking Charge Notices as the Company shall think fit.
3.5 At its discretion collect and retain all parking Charges levied under clause 3.1 (which may extend to debt recovery and/or court action) together with any costs or fees incurred in recovering such charges.
3.6 Be a member of an Approved Trade Association formally certified by the Driver and Vehicle Licencing Agency (the DVLA) and operate in accordance with the Approved Trade Associations Code of Practice.



4. The Client will:
4.1 Pay to the Company a registration fee of XXXXX on the signing of this agreement.
4.2 Pay to the Company XXXX per sign per annum on the signing of this agreement.
4.3 Ensure that all vehicles authorised to use the car park shall clearly display upon the windscreen a valid permit as supplied by the Company at all times.
4.4 Indemnify the Company in the event of a claim by an authorised user against whom a parking charge has been levied due to such user’s failure to clearly display a valid permit.
4.5 Inform the Company in writing in the case of vandalised and/or removed signs.
4.6 During the term of this agreement not engage on its own behalf or enter into any arrangement formal or otherwise with any person, firm or body to corporate for the provision of car park management and/or parking enforcement service on the car park or any other premises of which are managed by the Company.
4.7 Return all signs to the Company within fourteen working days after the expiration date of this agreement by recorded delivery. Failure to return all the signs will result in the Client being charged as per clause 4.2 for a further twelve months’ rental of the sign.



5. The Client
5.1 Request and authorises the Company to carry out its obligations hereunder and warrants to the Company it has full title and authority so to do.
5.2 To the extent that it is necessary, authorises the Company to collect all unpaid parking charges (including suing for their recovery in the Company own name) and agree to give the Company all reasonable assistance, including executing and relevant documents if required in relation to such recovery.



6 It is hereby agreed:
6.1 That the charge referred to in clause 3.1 shall be such sum as the Company shall reasonably determine in its absolute discretion from time to time.
6.2 The signs and the permits are and shall remain property of the Company which shall be entitled to take possession thereof and remove the same if deemed necessary by the Company upon expiration of this agreement.
6.3 The Company will not have any liability for any negligence, default or omission by it or any employee, agent or sub-contractor of the Company acting in the course of their agreement with the Company provided always that nothing in this agreement seeks to limit the Company’s liability for fraud, death or personal liability or any other liability which cannot be executed by law.
6.4 Should the Client vacate, sell or otherwise dispose of the car park the Client shall not less than fourteen days prior to such event give notice thereof in writing to the Company’s registered office by recorded delivery. In any such event the Client will be liable for all sums that the Company would have received under this agreement.
6.5 Immediately following the expiration of the term this agreement shall be extended equal to the length of the term (“the extended term”) and will continue to rollover at each anniversary thereafter for a further extended term unless the Client gives notice of termination in writing to the Company’s registered office by recorded delivery not less than fourteen days prior to the expiration date of the term or extended term (as the case may be).
6.6 The ‘’late payment of commercial debts (interest) act 1998’ applied to any payments failing late by the Client under this agreement.
6.7 The Company may assign all or part of its rights under this agreement to a third party to perform its obligations without the prior consent of the Client.
6.8 In the event that a PCN is correctly issued and the Company subsequently agrees to cancel the PCN a fee of £XX will be paid by the Client to the Company.
6.9 The Company’s obligations are limited to carrying out the tasks specified in this agreement, verbal arrangements shall not form part of this agreement. Any variation in this agreement can be made only by letter from the registered office of the Company, signed by the hand of a duly authorised director.



7. Force Majeure:
7.1 The Company shall not be liable for failure to perform any obligation under the terms of this agreement if such failure results from circumstances beyond its control.

My responses to the above..

3.1 'VALID PERMIT HOLDERS IN DESIGNATED BAYS' is different wording than that on the sign, is this irrelevant and if so, why is this in block capitals as though its a disclaimer?

3.3 I'm not sure if this was ever done, however we have never received a 'client permit instruction sheet'.

3.6 Required to operate in accordance with the approved trade associations code of practice (still struggling to see where this is the case, although other posters have advised this is obvious..i'm unsure).

4.3 Notice board disclaimer inside building fails to mention the VCS agreement nor outlines T&C's apply with parking or that PCN's will be enforced. Simply mentioning that permits have to be used.

6.5 The term has a from and to date range, which has expired but this has been crossed out in hand by pen and 'TBC' added next to it. If this was a rolling agreement, should this not be stated in the agreement otherwise the agreement should be renewed at the end of every term?

Also, the sign says failure to display a valid permit, but with no indication to what length of time qualifies as a 'failure to display'.

Advice anybody?

Thank you again.

K

Coupon-mad

It looks quite a standard contract but is the 'client' merely the managing agent, not the landowner? No evidence there of a chain of authority from the actual landowner.

I expect the part in capitals is because this is a template contract and someone has typed in the detail, in capitals.

The IPC CoP is scant on detail and it would appear very easy for any of their members to say they've complied because IIRC, there are few challenging rules, nothing difficult beyond 'having some signs'.

Failure to display should allow a grace period (in fairness to a resident, to fetch the permit from adjacent premises) but this contract seems silent on that.

Whoever agreed to this appears to need their head examining, what exactly are they getting out of this thing that is costing them money, attacking the residents and they are obliged to 'give all reasonable assistance' to help sue those residents - and why would anyone with half a brain agree to these sort of clauses:

''That the charge referred to in clause 3.1 shall be such sum as the Company shall reasonably determine in its absolute discretion from time to time.'' So VCS can up the parking charge to £500 and there would be nothing the client could do.

''The Company will not have any liability for any negligence, default or omission by it or any employee, agent or sub-contractor of the Company'' So they can do what they like...and the agents have let this lot loose near everyone's cars.

''The Company may assign all or part of its rights under this agreement to a third party to perform its obligations without the prior consent of the Client.'' So VCS can hand the rights over to ANY other party - anyone! - and the idiot client would still be stuck with the agreement and payments, not being able to extract themselves unless they send notice by recorded delivery in time in advance...

''In the event that a PCN is correctly issued and the Company subsequently agrees to cancel the PCN a fee of £XX will be paid by the Client to the Company.'' So the client can cancel your PCN then...but only if VCS 'agree'.

DoaM

Either the "client" is getting a HUGE kickback from this, or a complete and utter numpty agreed to these terms.

System

utter numpty agreed to these terms.

This. Have you read ParkingEye v Somerfield? Or the Co-op run in with CEL.

These were companies with sophisticated management and in-house legal advice.

peter_the_piper

''In the event that a PCN is correctly issued and the Company subsequently agrees to cancel the PCN a fee of £XX will be paid by the Client to the Company.''

So if PE (the company)decide its a correctly issued pcn and then agree to cancel it(as a gesture of good will) then the client will pay PE. That's a good wheeze if ever I heard of one.

KimmyHrunt

Coupon-mad wrote: »

It looks quite a standard contract but is the 'client' merely the managing agent, not the landowner? No evidence there of a chain of authority from the actual landowner.

Hi Coupon,

The client is indeed the managing agent, not the land owner. Following a phone discussion with a contact at 'the client', it appears the below is in place:

'Free Holder' (Building owner) > Management Company 'A' (a committee of residents) > 'The client' (who have this agreement with VCS) > The Lease holders (i.e. my landlord).

Coupon-mad

So, that can feature in your defence but then we always do include the question of the PPC not having standing or authority shown to be flowing from the landowner, anyway.

The important thing is this:

I then received a Claim Form from COUNTY BUSINESS CENTRE advising the claim of over £300. I've only just received this as i've been working away and not actively had access to mail.

Have you read bargepole's updated post about court process, have you acknowledged this claim (I hope so as you appear to be close to the wire time-wise if you haven't done the AoS online yet):

https://forums.moneysavingexpert.com/discussion/5546325

As for an example of a defence re a BW Legal claim, have a look at post #41 here:

https://forums.moneysavingexpert.com/discussion/5544358

Now be aware that's not at the same stage as you because that's his WS prior to a hearing so it includes evidence and refers to BW Legal's own WS. BUT many of the points made in that WS are ones you can adapt into your own defence now.

Also search the forum for 'BW Legal defence robo-claim' and you will find other defences. Show us yours before submitting it and please (right now, urgent) reassure us you have done the AoS!

What was the DATE on the claim form??

KimmyHrunt

Coupon-mad wrote: »

So, that can feature in your defence but then we always do include the question of the PPC not having standing or authority shown to be flowing from the landowner, anyway.

The important thing is this:



Have you read bargepole's updated post about court process, have you acknowledged this claim (I hope so as you appear to be close to the wire time-wise if you haven't done the AoS online yet):

https://forums.moneysavingexpert.com/discussion/5546325

As for an example of a defence re a BW Legal claim, have a look at post #41 here:

https://forums.moneysavingexpert.com/discussion/5544358

Now be aware that's not at the same stage as you because that's his WS prior to a hearing so it includes evidence and refers to BW Legal's own WS. BUT many of the points made in that WS are ones you can adapt into your own defence now.

Also search the forum for 'BW Legal defence robo-claim' and you will find other defences. Show us yours before submitting it and please (right now, urgent) reassure us you have done the AoS!

What was the DATE on the claim form??

Issue Date on the claim form was 5th Oct. Aos was done last thursday (20th) and i advised i would defend the claim in full.

KimmyHrunt

I also have some further documents.

Notice To Keeper received:

hxxps:// https://www.imageupload.co.uk/image/B018

Particulars of claim:

hxxps:// https://www.imageupload.co.uk/image/B01i

Permit renewal (Landlord says he signed no additional agreement when VCS appeared on the scene:

hxxps:// https://www.imageupload.co.uk/image/B01n

Coupon-mad

OK so your defence might be a mix of the one by the user called steady.alone this week (which is a Gladstones solicitors claim but about a residential car park, like this, mentioning rights of way & easements) and deepcomuk's one I linked earlier which is about a BW Legal claim.

Certainly including the point that the keeper cannot be liable by that NTK which merely assumes they were the driver (deepcomuk covers this in his defence and in his 'witness statement' that he used to get his CCJ set aside, a well-worded argument you should read and crib from).

You could even try contacting Laura Jopson for her Oxford Court Appeal claim number which could prove a useful reference for you:

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

Her appeal was argued by a solicitor and showed how the existing rights of way and easements supersede any fly-by-night signage.