VCS 'Parking Outside Designated Bay' defence helpppp needed!

Socrates_1

Long story short, I was issued 2 parking notices over a weekend from VCS because a part of my wheel was parked in my neighbours bay. The ticket had pictures of my car parked over the line.

So you interfered with someone else's peaceful enjoyment of their space. Your neighbours have the same rights as you.

The operator has every reason to issue the ticket and to take this as far as they want to go. It may not go the full way but I'd be very careful about what you say about a company that is carrying out a duty to protect all neighbours' rights including your own.

The Defendant’s vehicle clearly was ‘authorised’ as per the lease and the Defendant relies on primacy of contract and avers that the Claimant’s conduct in aggressive ticketing is in fact a matter of tortious interference, being a private nuisance to residents.

Who is the private nuisance in this case? Does the lease allow you to go into someone else's space?

Guys_Dad

bambooparking wrote: »

I was driving back home late from work and a tiny part of my wheel was parked over the line into my neighbours bay!

You say you have 2 tickets both for parking partly in your neighbour's bay. Was that 2 occasions or did the warden pick up the same "offence" on consecutive days when you hadn't moved the car? It could then be argued it was the same "offence".

If it was 2 separate occasions, then you really need to show more consideration to your others and learn to (a) park properly and (b) check when you leave the vehicle.

I should add that, in my opinion, you might be on sticky ground if it gets to court as the PPC will claim to be doing exactly what it was hired to do and your appeal point 5 "The Defendant, at all material times, parked in accordance with the terms granted by the lease." is factually incorrect as you parked outside your space - according to your posts.

The_Deep

What Socrates did not say was that 99% of these companies are scammers who will be out of business shortly. It has been suggested that he/she is an employer of one of them.

Nevertheless, it is because people park as you did that MAs employ these scammers.

bambooparking

I submitted my defence last night but received an email this morning saying its invalid because I am a third party. My dad is still listed as the defendant (despite the fact that i did the AoS) and so I cannot defend unless I get permission from a local court and provide that evidence? I called my local court and they told me to get my dad to file a defence asap before the deadline tomorrow otherwise he may face charges. I panicked and got my dad to submit a paragraph saying he has nothing to do with this claim and to pursue all litigation with me, his daughter, and provided my contact information. He also mentioned that I had been in touch with vcs to tell them to redirect all correspondance regarding the claims to me instead of him, but they had ignored it. it was just a short paragraph, but now i feel really anxious as I'm not sure if this defence will be accepted, whether my dad will get in trouble over this or whether they will dismiss this claim and pursue it with me instead now? have i messed up my case? if anyone could shine some light on what happens next, it'll really put me at ease!

bambooparking

it was on the same occasion, over a weekend (one on saturday, one on sunday!) - i hadnt moved the car. i agree that it was stupid of me to park in my neighbours bay, but my neighbour has said they are more than happy to provide me with a letter saying that they are ok with it as they never use their parking spot anyway! and that they agree vcs are vile scammers. i was planning to use that letter in my WS bundle but now im not sure my case will even get heard, as i may have just messed it up

Coupon-mad

OMG obviously the DEFENDANT files the defence - get it re-emailed!

You were not allowed to do the AOS either, what were you thinking?

I panicked and got my dad to submit a paragraph saying he has nothing to do with this claim and to pursue all litigation with me,

You didn't...tell us you didn't. PLEASE say you didn't actually get him to put that?

He has just filed a NOTHING defence.

And he can't change it unless he completes a N244 an pays £100 to amend his 'defence' (unless he qualifies for free court fees on income grounds).

OMG no.

have i messed up my case?

It was never your case. You've messed up your Dad's case.

bambooparking

he probably can qualify for free court fees on income grounds as he is currently unemployed

i just assumed this claim wouldnt go to court if he passed it on to me - is it still likely to go in his name then? should i just pay the fine then, this is all just making me incredibly anxious now
or should i file the n244 and resubmit a defence with him as the defendant? how would the defence look though as it has nothing to do with him?

Coupon-mad

should i file the n244 and resubmit a defence with him as the defendant?

Yes, a proper defence like the one we helped you put together.

Have you missed the fact that most defences here are by registered keepers? Of course it's his case and his to defend, and remains so. He will have to go to the hearing.

This is not your case and it is too late to change it by naming yourself.

I am relieved he qualifies for help with fees though!

Do a 'help with court fees' application online first (IN HIS NAME...obviously!) get a reference number for the fee waiver application, and download a N244 and start again properly with a registered keeper defence like everyone else in his position.

You had a decent defence then threw it away. Now he has to claw it back.

bambooparking

oh okay! someone said i should defend as the driver so i just misunderstood
he doesnt want to go to court so i think i might just pay the fee

thank you for all your help though!

Coupon-mad

NONONONONO.

DO NOT PAY. It is not a fee or a fine!

You don't just fork out a 3 figure sum!

For the love of God stop doing this wrong, it's a scam and can be beaten.