VCS Taking me to court, please help.

waamo

For a self done attempt at a defence it's actually not to bad. You are setting your position out in your own words which some judges seem to like.

I presume your photos back up your defence?

Coupon-mad

I have no intention of offering any money on mediation, it claims to be both party understanding.

Good.

Please give us your thoughts when you've gone through it. See this from Bobby2k2:

https://forums.moneysavingexpert.com/discussion/comment/70242827#Comment_70242827

...be ready to thank the mediator for their time & put that phone down!

Miss_Katsee

waamo wrote: »

I presume your photos back up your defence?

Yes I have all their photos and I have been taking ones of the other spots each time I go. And more of the spot I parked in. Could I also use the story in the paper do you think? So many think this area is for parking.

And I really think the bay with only one line to the left and the kerb to the right may be my saviour!

Miss_Katsee

Coupon-mad wrote: »

Good.

Please give us your thoughts when you've gone through it. See this from Bobby2k2:

...be ready to thank the mediator for their time & put that phone down!

Thank you and yes I will.

I will have some time tomorrow to sit down and go through this and the newbies thread again.

Miss_Katsee

Hi, mediation is not happening now and so I am waiting for the court to contact me. I've contacted my local MP meanwhile who has asked me to email my story to another MP. They are really trying to crack down on a number of things in this industry. My local MP is also contacting the land owner on the matter too.

I have since had 2 letters from VCS titled demand for payment in recent weeks, for an old car of mine which was parked just over the line of a bay. The date of this offence they claim is June 2017!!!

I emailed something copied off this forum, that I was not the driver and they shouldn't presume so. 2 other drivers had access to this car when I had it and that they haven't followed the correct procedure in sending a notice to keeper within 56 days. They should therefore stop contacting me.

They have now sent a letter before claim for this one too. So I am now going to court again around the same time for this one when I was not even the driver of this 2017 accusation. I am so stressed out.

Do they have to prove I was the driver? Or do I have to prove I was not the driver? Will these be separate court attendances?

I have admitted to be the driver of the latest one I originally posted on here about and I am fighting their contractual terms not being clear etc, I am comfortable in doing so as I have enough pictures and other things to show the judge it just looks like a cash cow. But they are now bringing up one from 18 months ago and I genuinely was not the driver.

TIA

Coupon-mad

I have since had 2 letters from VCS titled demand for payment in recent weeks, for an old car of mine which was parked just over the line of a bay. The date of this offence they claim is June 2017!!!

That's nothing, VCS chase up cases going back to 2013.

You are right that in 2017 they didn't use the right wording or send NTKs in time for establish or claim 'keeper liability' and so the argument with this one (as well as the usual defence points) would firstly be that the POFA Sch 4 has not been complied with and you cannot be held liable in law, so there is no cause of action.

As this has been done to death in EVERY other VCS claim thread. Please read some!

And then start a new thread please about it, but not until you've read some VCS defences please, to spare us repeating ourselves, and to inform yourself about how such a defence looks.

Standard stuff - loads on here.

Miss_Katsee

First court case tomorrow for case one of my two VCS parking tickets.I think I have everything prepared I just wanted to double check.

I have been searching the threads for one I remember reading about. It was to do with what to expect in court....how to address the judge etc...does anyone have the link to where this is please? Thanks!

The_Deep

There are dozens, google "County Court" and click on videos.

KeithP

I often post this:

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Hint: that was easily found by searching this forum for the word video.

Miss_Katsee

VCS lost in court - the judge agreed with me that the area did not look restricted. It didn't help their own case that in July 2019 they hatched the area finally.

My defense - it was not hatched, no clear end to bays ending, and how they have now hatched the area. Also evidence of the paper story and how many people got it wrong as it was confusing.

Their argument - it is a restricted area. The judge asked how is that? I cant see any hatched, no double yellow lines, it's not blocking a walkway or entrance (according to their contract) and so I knew by this point there was no way I would lose.

I also got awarded £95 for the day off work I had to have as well as my parking and mileage costs.

One down, one to go.