VCS residential money claim

Alster370

Any Input? As I will have to sign and print it tonight to deliver tomorrow morning.

Alster370

Happy to say I WON!

Was scheduled for 10am but when I got there I was told its on the floating schedule so theyd see me when a judge was available. Heard there was another VCS and a parkeye case that day at Sheffield court.

After 2 and a half hours finally called in to see judge Josling? or something. Started with me as he hadnt read the case beforehand, asked me to go through a few details as he wanted to concentrate on the estoppel defence I was using, amongst others.

Ultimately he said that my estoppel was fairly convincing, and the best argument. On the impossibility of performance he said that was a fairly weak defence. Oddly the VCS rep stated a random driver could use that defence if caught using the space, I really wanted to interject to say that was absurd but I tried to talk only when asked.

I was nervous at the start but gradually got into my stride with presenting my case. The judge was smiling when I was arguing the reps points so I think he was enjoying me giving him a grilling. He did politely tell me to stop talking at one point haha. To be honest I found it hard to stay level headed and I probably came across as quite annoyed this had even got to court.

He gave a commentary on the primary defence, the estoppel, then asked if we had anything else to add. The rep said it would depend on the initial outcome, and the judge jokingly said it would probably be the rep that would need to present additional arguments. I was asked a few questions by the rep, mainly that parking isnt mentioned in my tenancy, but I brushed it off easily by stating that all residents in the estate have a drive and access to the bay, and reinstating who the bays are for. Made sure to get in the arguments about unfair terms and others, talked up the incompetence of management agents, but ultimately the judge decided to dismiss based on the estoppel alone, and the evidence provided for it.
He picked up on the fact that the contract shown by VCS was dated after the events and with a different company, but said he would assume a similar contract would of been inplace. I was abit annoyed by this, and would've definitely argued it if the decision was going against me.

Asked about costs. Was complimented on my thorough research, and said he was happy to reward litigant in person costs, but there would need to be compelling evidence of unreasonable behaviour. I talked about the lack of particulars and the failure to respond to the SAR but that wasnt enough. Was awarded £35 for travel and parking as in the schedule.

Overall Im chuffed to bits, glad its over, didnt get any money but its secondary to the fact that the correct judgement was handed today. Id like to thank everyone who contributed, couldn't of done it without you!

I think the thing to take away is to have as many relevant defences as possible, because with my case, I won, but 2 of four of my arguments didnt really convince the judge, and they were strong arguments where cases have been won off them alone. You dont know which judge you will get so hopefully having 4+ strong arguments there will be something he/she finds compelling.

Another one bites the dust! :beer:

Coupon-mad

Yay, well done, you said it for me! :T

Haha big hint at this stage, you must have been grinning when you realised:

He gave a commentary on the primary defence, the estoppel, then asked if we had anything else to add. The rep said it would depend on the initial outcome, and the judge jokingly said it would probably be the rep that would need to present additional arguments.

Alster370

Haha big hint at this stage, you must have been grinning when you realised:

Correct haha, I tried to disguise my smugness at knowing I was probably going to win from that point onwards.

Coupon-mad

Yes, I know what you mean, when I realised I'd won cases in court where I was acting as lay rep, I had to sit on my hands and bite my lip to stop the 'smug dance/grin'!