Miss R versus VCS Ltd

JesterShoe

Snakes_Belly wrote: »

Just as a matter of interest, was this claim one of the VCS 2015 claims?

No, this was a failure to display a valid permit on a residential site in September 2018. It has taken over a year to finally get justice.

JesterShoe

beamerguy wrote: »

HA, we can only hope that SRS invested the £3 you send him wisely, maybe a new scam :rotfl::rotfl:

I have not sent SRS a penny, so he's lost out on that too:rotfl:

Umkomaas

JesterShoe wrote: »

First of all, I would like to give a very big thank you to the great people on this forum who have helped me with this case. You all deserve a very big pat on the back.

Myself and my Lay rep were in court today and both claims have been struck out.

The main argument that the Judge summarized on was that there was no consideration in the contract. The point is that the parties must exchange something of value. Consideration is needed so that both parties incur some sort of burden or obligation in the agreement. VCS could not offer me anything of value as I was already parked in my own demised parking bay, so no contract could exist.

I also had £250 cost awarded in my favor but the claim for unreasonable behavior was not entertained.

Using this 'consideration' argument could blow a big hole in future residential parking charge cases.

Snakes_Belly

Umkomaas wrote: »

Using this 'consideration' argument could blow a big hole in future residential parking charge cases.

Good point.

Redx

Umkomaas wrote: »

Using this 'consideration' argument could blow a big hole in future residential parking charge cases.

I agree, it seems a big issue considering that VCS were offering nothing to the defendant in the parking contract they thought had been accepted when the defendant parked in their own bay

JesterShoe

I would also like to point out that I was not the leaseholder of the parking bay, but a short term tenant, the actual leaseholder was my landlady. You need to prove you have your landlords permission to park and in doing so have the same rights as if you were the leaseholder.

This should also give encouragement to any rental tenants who have been wrongly PCN'ed for parking in there own rented bay.

Snakes_Belly

Some good points coming out of this case.

JesterShoe

I will publish the court transcripts when I get them.

There was an mix-up at the start of the hearing as VCS were under the impression that this case was for just one of the PCN's. I had written to the court twice to get a consolidation, and also once to VCS to tell them that I was doing it, and tell them that they should have already done it at the start. (:TThanks Coupon-mad:T)

The agent for VCS tried to get an adjournment as he said he had no witness statement for the second case, I pointed out that it was the same PCN issued at two different times over one night.(I should have also mentioned double recovery at this point but missed the chance) I also pointed out, about the letters to the court and themselves and our defense was identical for both claims.

The Judge could see that, as the defendant we had tried to do our upmost to clear the whole matter up in one sitting and told the agent that he was proceeding, as we were all sitting in front of him. If VCS didn't like it they could appeal, and as it was their claim they should have been on the ball.

The_Deep

Another unreasonable claim denied unreasonable behaviour costs. Where is the justice in that?

What is needed is for judges to award punitive costs when these fake claims go south.

JesterShoe

From what I could work out from the Judge's denial of my unreasonable costs claim, that it only pertains to the court proceedings and not the claimants behavior overall. I tried vexatious litigant, misuse of private information, breach of contract, fraud by abuse of position, and trespass.

I think I missed another trick with not issuing a counter claim at the start, but as you are so stressed out and nervous about the whole procedure you just want the case sorted. It's only after that you realise how much time and effort you have put in that the compensation factor kicks in.