Help with defence please against VCS

Coupon-mad

Use your skeleton argument as your crib sheet. Go through it when it's your turn, and hand a copy to the Judge if he/she doesn't have the court's copy (w assume you sent them one).

It will prompt you as to why the signs are unfair, as the parking charge is buried in small font (unlike the Beavis case) and the 'added costs' are either not quantified at £60, left vague, or are unreadable.

AND even if the sign had the added £60 'debt collection' as a readable figure, it is STILL indisputably double recovery when it comes to parking on private land where the costs are capped and already counted.

And that is supported by the POFA - para 4(5) and 4(6) - and the Beavis case (paras 98,193 and 198) and the Consumer Rights Act 2015 Schedule 2, paras 6, 10 and 14.

This bit will hopefully be the killer:

10.1. The contract supplied with the Claimant's witness statement is from 31st December 2007 and was for a fixed period of 12 months and although the contract does state it is a rolling contract, there is no proof that this is still on-going. 2007 as 12 years ago, well before the Protection of Freedoms Act 2012 was enacted regarding parking on private land. Further, in 2007 VCS were not in the International Parking Community Trade Body because it did not exist until 2013. The contract from 2007 dates from a time when VCS were clampers operating under excuse of the tort of trespass (like in Vine) and cannot possibly be the current one relating to contract law and paying regard to all the requirements of the POFA and the IPC Code of Practice (the IPC CoP) insofar as ticketing is concerned.

Do NOT agree to an adjournment if the legal rep asks for one to get their ducks in a row.

Remember to confidently say you ARE allowed to adduce the CRA 2015 even though it was not in your defence, and point the Judge to the court's DUTY to consider that Act and the 'test of fairness' by applying Schedule 2 (paras 6, 10 and 14), even if the consumer doesn't mention it AT ALL (para 71 of the CRA says so, in his/her big book of statute law on his/her desk).

Le_Kirk

beverleyt wrote: »

I won!!

Well done, great result.

Coupon-mad

beverleyt wrote: »

I won!! On the basis that the contract was from 2007 and talked about you needing a permit which isn’t the case in that car park anymore! Was awarded my travel and loss of earnings for half a day at £35. Thank you so much for help everyone!

Ooh, we cross posted - well done!

ANOTHER VCS ONE BITES THE DUST! :T

Tell us more about which court and Judge, how long it lasted and what did the rep try to say in court, how much were you required to say, and what did the Judge say about it all?

Did the Judge tear them a new one for lying about the same old 2007 clamping contract running to date, or was it calm but a quick decision?!

How did you feel?!

beamerguy

beverleyt wrote: »

I won!! On the basis that the contract was from 2007 and talked about you needing a permit which isn’t the case in that car park anymore! Was awarded my travel and loss of earnings for half a day at £35. Thank you so much for help everyone!

Well done, VCS spanked again ........:beer:

If I were the boss of VCS, I would be looking to get a full medical, brain included

beverleyt

I’ll write a court report when I get home as reading them helped me. The judge tore into the VCS solicitor about the contract being irrelevant and the vcs solicitor tried to imply it wasn’t in my defence. The judge said it is indeed because I’ve read it to which I then pointed them to the part in my defence the contract is mentioned! The VCS rep just stuttered then said all he can say is they’ve sent an incorrect document! I’m so glad it’s over as it was so nerve wracking and the judge held no prisoners!! It was at Wakefield County Court at 11am if anyone can find the name of the judge?

beamerguy

beverleyt wrote: »

I’ll write a court report when I get home as reading them helped me. The judge tore into the VCS solicitor about the contract being irrelevant and the vcs solicitor tried to imply it wasn’t in my defence. The judge said it is indeed because I’ve read it to which I then pointed them to the part in my defence the contract is mentioned! The VCS rep just stuttered then said all he can say is they’ve sent an incorrect document! I’m so glad it’s over as it was so nerve wracking and the judge held no prisoners!! It was at Wakefield County Court at 11am if anyone can find the name of the judge?

Guess the lesson for VCS is if they must send someone, don't send a boy to do a man's job

beverleyt

Court report - I arrived at court 30 mins before the court case and went through security with 2 jolly security guards! They directed me to the next floor when I told them what my case was for. I arrived in a small waiting area with a couple of people already there and I gave my name to the usher. After about 20 minutes a man in a suit asked if I was Miss Thornton. When I stated I was he shook my hand, told me who he was (can’t remember!) and said the claimant has asked if you will settle for £125. I Said no I don’t want to then he sat back down. At 11am we got called to the next floor up which was an even smaller waiting room and at 11.15 we got called to the hearing room.

The room was pretty intimidating with the judge sitting slightly higher up than us! He introduced himself then started on me. He said I see you’ve said you have no legal experience yet you have mentioned various court cases in your defence. I said I have had some help online! He then said these cases are just one judges opinion! My nerves really kicked in then and felt like I was losing until he said the main thing he wanted to talk about was the contract. As mentioned earlier the other side tried to dig himself along out of a hole but the judge was having none of it and said he was dismissing the case! I was so relieved! The other side then asked if VCS could appeal to which the judge said something along the lines of not in this court, they would have to go to another court. He then asked if I had anything to add and I mentioned my costs schedule. He asked why I had asked for unreasonable behaviour costs and said because of the premature NTK and thick witness statement that was mostly irrelevant to the case but he said that didn’t constitute unreasonable behaviour so he would award me £35 for travel, half a day lost and parking. I thanked him then thanked my lucky stars it was over!

Outside the room the other side asked for my bank details to send the money over and he then told me he doesn’t think VCS will appeal and that he’ll be writing a report to them, mentioning that they sent a 12 year old contract in their WS.

So thanks once again to everyone who helped and I hope they don’t appeal as I don’t want to go through that again! Oh and looking online it looks like the judge was DJ James

Redx

very well done and glad to have helped you on this journey of yours


I am well pleased that VCS lost yet another one on dubious grounds and old paperwork etc


they couldnt organise a pp up in abrewery, yet are supposed to be professional

Coupon-mad

Brilliant to read - many thanks for that court report, and now you can relax!