VCS Taking me to court, please help.

Miss_Katsee

Hi Everyone, I've spent hours reading through all of the newbie stuff and did spot to post my own thread if going to court for a case by case basis.

So, In July 2018 I parked in my regular gym car park and on this day it was packed, so I headed for a side I had never been to before and parked in between two cars along a row. I noticed the one white line to my right, not to my left, I genuinely thought it was faded on my right.But there was a few cars in this row, it looked OK. There were no 'no parking signs', lines etc. In fact it looks obvious to be spaces as it doesn't block anything or anyone at all. I didn't notice the piece of paper (apparently ticket) until 3 days later as low down my screen. It had the date, time and a short ref number, headed VCS. I got home, put the ref number into VCS website and it was invalid as too short, I thought it was a joke or a warning. But 8 days later I get a notice to keeper. I appealed it on the basis it looks like a spot, I am a regular attender, it wont happen again, surely the photos see why I thought it was a space. REJECTED, So I simply wrote back, stop harassing me with letters and take me to court. I stated it was absolutely ridicluous. Especially 60 pounds! One more letter came through and then a week or so later a letter before claim came through. Followed by Northampton County Court Business Centre letter.

I have outlined the reasons I do not agree with VCS and sent back recorded delivery. Court have then sent back a mediation form I have sent back yes I will do mediation. I also tried on last time to contact them myself to sort it as letter said. So I emailed them to ask them to drop it basically but they wont. I even had to call them twice as they weren't acknowledging my emails and both times they were rude and put the phone down on me. its like you shouldn't be allowed to contest!

Anyway after 3 emails and 2 calls I got a reply a week later, by then I had sent the form back to court I would do mediation. In which VCS reply was why do you want mediation if you have no intension of paying anything.(I told them in email I would be happy to do mediation but I wont pay anything towards this fine)

I am now waiting for mediation date, I haven't replied to VCS yet, maybe I now don't need to? I wanted to reply, because its not all about the money you claim, ITS BOTH SIDES. My side is this....please edit the signs mark the area or something.

My defence is that it isn't an obvious restricted area, (I wonder why) on this day a whole row of cars were parked and its easy to see why it looks like a space. It is not restricted, marked or blocking any of anything stating on their signs. Its just not within 2 white lines.
In their online ticket information when you lodge appeal it states I parked in a prohibited restricted area. In my appeal reply their answer is I simply didn't park with TWO lines (a marked bay).

I have written to managers of the land today, I had a quick response saying we shall look into it. The Gym cant help me, they are at their whits end I think. Although based on my conversation with them I think many people around here get away with not paying the fines as the rules are only written in English. I cant use that one though!

Anyway other than thinking I don't want them to get away with being so unfair and penalising an honest driver over parking in a safe place, I thought the only thing I have is that things just are not clear. And also a year ago the exact spot was in our local paper...tried to post link but it wont allow. Please google South Gate Retail Park, Derby Evening Telegraph.

Today I have also learnt that there is ONE spot that is OK to use at the end of a row which ends with a big Curb. So this space only has ONE white line on the left. Every other space has 2 lines. I am thinking this is contradictory!

Can anyone advise me what to do next? Is my defence a valid point? Should I request a SAR next?

Thank you in advance and sorry if I have missed anything or not been clear!

Coupon-mad

I have outlined the reasons I do not agree with VCS and sent back recorded delivery.

Oh dear.

Court have then sent back a mediation form I have sent back yes I will do mediation.

Oh dear.

I even had to call them twice

even more oh dear! Stop doing this all wrong!

VCS reply was why do you want mediation if you have no intention of paying anything.

I agree with them.

You should have ticked NO to Mediation, as we advise in the NEWBIES thread. There is NO POINT.

You could send a SAR, yes. NOT recorded delivery. By email to their DPO (privacy page).

And at least you have this, which is a valid defence point:

My defence is that it isn't an obvious restricted area, (I wonder why) on this day a whole row of cars were parked and its easy to see why it looks like a space. It is not restricted, marked or blocking any of anything stating on their signs. Its just not within 2 white lines.

Do the SAR and put the phone down during Mediation. Forget that and DO NOT be intimidated into making an offer, when the telephone Mediator wants you to! That's why we say never agree to Mediation, because it's biased to getting a case 'settled'.

No. Phone down, that was a waste of time. Stop ringing them completely.

Please read the NEWBIES thread section on WS and evidence stage, and if you haven't already, get LOTS of photos of that ''sort-of bay'', to show it looks like one. Especially good would be if you go back on more than one day, and get photos of OTHER cars using that 'bay' to prove it is taken to be a parking space, day in, day out, and clearly the PPC has done nothing to mark it properly and are using it like a cash cow.

You missed out on researching your defence here first.

Please research your WS and evidence, examples in the NEWBIES thread.

And read the court letter that gives the hearing date! It will give the WS deadline too.

onlyfoolsandparking

VCS are a particularly nasty scammer and they don't really care what you think.


Your post is not making much sense, you say you have received County Court claim form then you say you are corresponding with the scum and awaiting mediation, then asking at the end about a SAR.


You are doing everything wrong and are looking at a default judgement, you really need to go back to reading the NEWBIES section especially regarding the Court Claim, there are certain things you must attend to in specific order starting with AOS on this claim.


Experienced regulars will help you defend this and in 99% of cases they beat the scammers but your all over the place at the moment, take a breath read read and read some more, you really need to learn a lot more about the game you are now firmly in.

KeithP

onlyfoolsandparking, the OP is way beyond thinking about Acknowledgement of Service. The 'form' requesting mediation is the Directions Questionnaire.

I wonder what Defence was filed? :eek:

waamo

Can you show us the defence you entered? That is assuming you kept a copy.

Miss_Katsee

Coupon-mad wrote: »

Oh dear.

Oh dear.
even more oh dear! Stop doing this all wrong!
I agree with them.

You should have ticked NO to Mediation, as we advise in the NEWBIES thread. There is NO POINT.

You could send a SAR, yes. NOT recorded delivery. By email to their DPO (privacy page).

And at least you have this, which is a valid defence point:


Do the SAR and put the phone down during Mediation. Forget that and DO NOT be intimidated into making an offer, when the telephone Mediator wants you to! That's why we say never agree to Mediation, because it's biased to getting a case 'settled'.

No. Phone down, that was a waste of time. Stop ringing them completely.

Please read the NEWBIES thread section on WS and evidence stage, and if you haven't already, get LOTS of photos of that ''sort-of bay'', to show it looks like one. Especially good would be if you go back on more than one day, and get photos of OTHER cars using that 'bay' to prove it is taken to be a parking space, day in, day out, and clearly the PPC has done nothing to mark it properly and are using it like a cash cow.

You missed out on researching your defence here first.

Please research your WS and evidence, examples in the NEWBIES thread.

And read the court letter that gives the hearing date! It will give the WS deadline too.

I have no intention of offering any money on mediation, it claims to be both party understanding. I have the email address for the SAR from their privacy section will do this next.

I have photos of that bay and two other bays used 1. has 1 white line and the kerb, 2. has two lines but not wide enough for a car to fit IN them and they are used daily.

I will go back to the newbies thread, it is quiet over whelming and so much to take in! But yes I didn't come to this early enough - we live and learn! Has what I have done so far then impacted my chance of defeating them?

Miss_Katsee

onlyfoolsandparking wrote: »

VCS are a particularly nasty scammer and they don't really care what you think.


Your post is not making much sense, you say you have received County Court claim form then you say you are corresponding with the scum and awaiting mediation, then asking at the end about a SAR.

It says in thread if going to court get the upper hand and ask for SAR so I will see everything they have on me?

You are doing everything wrong and are looking at a default judgement, you really need to go back to reading the NEWBIES section especially regarding the Court Claim, there are certain things you must attend to in specific order starting with AOS on this claim.

Not sure how so far its wrong and I would get a default judgement for it? Can you explain please? Next will be a court date as not offering nothing on mediation. I have been naive into thinking mediation is a two way understanding and basically just trying to communicate. Surely this is recognised at court?

Experienced regulars will help you defend this and in 99% of cases they beat the scammers but your all over the place at the moment, take a breath read read and read some more, you really need to learn a lot more about the game you are now firmly in.

I thought I had read a lot but clearly not. What do you suggest I read? Thanks.

waamo

We really need to see what your defence was. Can you show us?

nosferatu1001

Read post two of the newbies thread
Read the entire first two pages to get an idea of the arguments

Miss_Katsee

KeithP wrote: »

onlyfoolsandparking, the OP is way beyond thinking about Acknowledgement of Service. The 'form' requesting mediation is the Directions Questionnaire.

I wonder what Defence was filed? :eek:

1.
I printed their pictures from their website of the photos they took of my car and numbered the cars in the row and highlighted how it is easy to see how this looked like a space. Also highlighted the 2 rules relevant to my case. No2 and No4 from their car park sign picture.

2.
I noted that it is not marked a restricted / prohibited area in anyway as it states in their website when you sign in with the ticket number. This is their reason for issuing a ticket when you sign into it.
In the car park, rule no.4 states not to park in restricted ares including double yellow lines, hatched areas, roadways, pedestrian walkways, grass, doorways, entrance or exit. I haven't done so I believe.

Rule no2. - Park correctly and only between the lines of a single marked bay. Photos show why it was easy to believe I did park within a marked bay - with one line to my right, a car to my left.

3. In reply to my appeal, the reason for issuing ticket was I did not park within two white lines.

4. I believe the terms and conditions are not clear and that the contractual term to be unfair. This is always seen as a space and VCS have not changed or added anything to this area.

That is my defence basically on reply to the form I received from the Northampton County Court.

Miss_Katsee

waamo wrote: »

We really need to see what your defence was. Can you show us?

1.
I printed their pictures from their website of the photos they took of my car and numbered the cars in the row and highlighted how it is easy to see how this looked like a space. Also highlighted the 2 rules relevant to my case. No2 and No4 from their car park sign picture.

2.
I noted that it is not marked a restricted / prohibited area in anyway as it states in their website when you sign in with the ticket number. This is their reason for issuing a ticket when you sign into it.
In the car park, rule no.4 states not to park in restricted ares including double yellow lines, hatched areas, roadways, pedestrian walkways, grass, doorways, entrance or exit.

I haven't done so I believe.

Rule no2. - Park correctly and only between the lines of a single marked bay. Photos show why it was easy to believe I did park within a marked bay - with one line to my right, a car to my left.

3. In reply to my appeal, the reason for issuing ticket was I did not park within two white lines.

4. I believe the terms and conditions are not clear and that the contractual term to be unfair. This is always seen as a space and VCS have not changed or added anything to this area.

That is my defence basically on reply to the form I received from the Northampton County Court.