VCS Ltd - County Court Claim - DEFENCE HELP

Coupon-mad

Put a copy in the post 1st class in a large envelope (not in any special file, just a paper clip for them!) and get a free certificate of posting 1st class (NOT 'signed for') tomorrow.

Print off that email from them, and your original 'sent' email, and staple the little receipt certificate of posting to those, and add them to your own court bundle as proof of your reasonable endeavours to serve the WS and evidence in a timely fashion. In case they lie in court and say they never received it at all, or that there was no attachment, etc.

Include that postage cost (and any other similar costs) in your costs schedule and pop that into VCS' envelope too. Example costs schedule is in the NEWBIES thread.

Make it a nice high costs calculation at £19 per hour for the hours spent on researching and typing up and printing/posting all documents for the case, plus your loss of salary leave at up to £95 per day for the hearing, plus approx ravel and parking costs worked out in advance.

It might encourage them to discontinue if they see a decent WS and evidence and costs calculation, especially if your court is not nearby for them to attend (which court will you be at? Sorry if you've already said earlier in the thread!).

lanethomp

We are at Manchester, from other posts I note this is a good court to be at!

I’ve done a schedule of costs but unable to post the court bundles as I can’t edit the PDFs to redact them and have no scanner.

Will get my father to post tomorrow and will ensure I print all emails off etc for the bundle. Getting really nervous about the court date now! Fingers crossed for a judge with common sense. VCS have really gone to town on the legal points and hope the judge sees through that.

lanethomp

Court date is on Tuesday at Manchester. Will post my court bundle now but will have to do in piece meal as I can't redact and re-scan. Apologies.

lanethomp

My father's (the Defendant) WS has been posted previously. This WS is an additional one from the site supervisor working on the job.




In the County Court at Manchester Claim No. XXX

Between:
VEHICLE CONTROL SERVICES LIMITED (Claimant)
V
Mr X (Defendant)

______________________________________________

WITNESS STATEMENT
______________________________________________

I, XX of …………………………………………………………………………………………………


………………………………………………………………………………………………………………………


……………………………………………………………………………………………………………..will say as follows:


1. I am a site supervisor, employed by XXX Contractors Ltd.


2. On XX 2017, XXX Contractors Ltd were working at 5Rise Shopping Centre, on behalf of the Managing Agent of the shopping centre, CBRE. The works related to a strip out and fit out of a commercial unit at the shopping centre. I was in attendance and working as site supervisor on this date.


3. XXX Electrical Ltd were employed by XX Contractors Ltd, to undertake electrical works associated with that job.


4. The vehicle in which I was travelling received a parking charge notice, issued by myparkingcharge.co.uk (MPC), on that date.


5. I appealed the parking charge, as advised to by the parking operative, on the basis that: a) the vehicle was parked in the service yard on business and, b) I was issued a valid parking permit by CBRE shortly after being issued the parking charge notice. My appeal, submitted via my employer, was successful and the parking charge was subsequently cancelled.


Statement of Truth


I believe the contents of this witness statement are true.





Signed……………………………………….. Dated…………………………………………

lanethomp

In the County Court at Manchester Claim No. XXX

Between:
VEHICLE CONTROL SERVICES LIMITED (Claimant)
V
Mr X (Defendant)

______________________________________________

DEFENDANT’S INDEX
______________________________________________

Pages
Document(s)
1-2
Particulars of Claim
3-5
Defence
6-8
Witness Statement of Mr X (Defendant)
9
Witness Statement of Mr XX

10
11-12
13
14
Exhibits:
X – Parking Permit
X – Rejection of Appeal
X – Invoice for works relating to 5Rise Shopping Centre
X – Invoice supporting loss of earnings (hourly rate)
15
Defendant’s Schedule of Costs

lanethomp

In the County Court at Manchester Claim No. XXX

Between:
VEHICLE CONTROL SERVICES LIMITED (Claimant)
V
Mr X (Defendant)

______________________________________________

DEFENDANT’S SCHEDULE OF COSTS
______________________________________________

Item

Value

Loss of Earnings @ £24.00 per hour (8 hours)

£192.00

Evidenced by X
Research time @ £19.00 per hour (2 hours)

£38.00

Litigant in person rate
Mileage @ £0.45p per mile (18 mile round trip)

£8.10

Car parking (estimate)

£25.00

NCP Spinningfields
Distress due to unreasonable pursuance by Claimant

£150.00

Total

£413.10

lanethomp

Just preparing a skeleton argument now to take with me to Court. Any final advice?

onlyfoolsandparking

lanethomp wrote: »

In the County Court at Manchester Claim No. XXX

Between:
VEHICLE CONTROL SERVICES LIMITED (Claimant)
V
Mr X (Defendant)

______________________________________________

DEFENDANT’S SCHEDULE OF COSTS
______________________________________________

Item

Value

Loss of Earnings @ £24.00 per hour (8 hours)

£192.00

Evidenced by X
Research time @ £19.00 per hour (2 hours)

£38.00

Litigant in person rate
Mileage @ £0.45p per mile (18 mile round trip)

£8.10

Car parking (estimate)

£25.00

NCP Spinningfields
Distress due to unreasonable pursuance by Claimant

£150.00

Total

£413.10

Great work, I can feel good things happening on Tuesday, the effort you have shown in dealing with these rat scammers is a credit to you and something newbies should take a good long hard look at.


I could be wrong here but I think loss of earnings is capped at £95 and I'm not confident with the £150 payment for distress, they usually get kicked out by Judge however your evidence/research could easily read much more than 2 hours, I'm sure you have spent a lot more than 2 hours dealing with this?? and I'm sure I read somewhere a LIP claiming about 40 hours at the allowed rate of £19 per hour, just a thought, others will know better than me.

beamerguy

Yes as onlyfoolsandparking says.

Loss of earnings needs to be proved

£150 for distress will probably not work

It's very much up to the judge, you never know
especially as VCS are known to the courts for
their dodgy claims

There was one guy who got £1550 from Parking Eye
but he was a barrister with a higher status than a
county court judge

https://www.dailymail.co.uk/news/article-4835050/Parking-firm-took-lawyer-85-fine-lost.html

The_Deep

IMO, the PPC have behaved totally unreasonably. The original breach is such a triling matter that the OP should have asked the judge to consider it de minimus.

No wonder I have to wait so long to take tenants and tradesmen to court when they are being clogged up with this nonsense.