VCS Small Claims Court - Parking in a 'restricted' area

keep_calm_and_carry_on

Hello,


VCS are pursuing me for parking in a 'restricted' area of a car park back in 2016.


In May, I defeated Excel for the same claim, albeit on a different date and about 100m away from where VCS are claiming the car was parked in 2016.
(https://forums.moneysavingexpert.com/discussion/5919448/county-court-defence-advice-failure-to-park-in-a-marked-bay)


I am pretty au fait with the court procedure and will be filing my defence shortly.


Three questions:


- I have already written to the judge who heard the Excel case to ask him to strike this claim out (no response yet, letter sent 2 weeks ago). Is there anything else I can do to get it stopped? I really don't want the hassle and cost of this again (I'm self-employed so the day off for court cost me money and I found the whole thing really stressful).


- I think the area they claim my car was parked in no longer exists as a car park (Lidl have extended onto it). Does this matter?


- I requested a SAR 3 weeks ago and have had no response (I have chased). Is there anything I can do?




Thank you!

Quentin

You say you have a "claim"??


If so then you must respond with a defence within the time scale allowed (14 days or 28 if you complete an AOS)


A letter to the judge won't count!


See the newbies faq thread near the top of the forum


#2 there covers court claims

keep_calm_and_carry_on

Hello,


Yes - I am going to file the defence, deadline is next week.


My questions relate to the fact that the claim by VCS is the same as the claim by Excel that I recently defeated. I believe it is illegal to repeatedly pursue someone for the same claim?

Quentin

According to your OP this new claim is for a complete different event and from a completely different Claimant??

keep_calm_and_carry_on

Well maybe that's how this works then. VCS and Excel are 'sister' companies (ie. run from the same address).


I defeated Excel who claimed I'd parked in a restricted area of their car park.


I am now being pursued by VCS for parking in a restricted area of the same car park on a different date.


The car park in question is 'run' by at least 5 different firms (it's not even that big).


In my simple mind, this is the same thing and will have the same result as the excel case, therefore wasting everyone's time. This is why I am asking if there is anything I can do to get it stopped.

Quentin

You seemed to be asking if you could stop a claim because it was for the same event as the previous claim, which this clearly isn't

The sister company situation is irrelevant

To answer your other questions

They have a month to respond to a sar

The land no longer being a car park is irrelevant

keep_calm_and_carry_on

Thanks - I will crack on with my defence.

Snakes_Belly

Hello Keep Calm,

This needs some looking at because the car park is very confusing. Excel are on the Derby Street Car Park but you can access this car park via Lidl and vice versa. The signage is really bad with out any demarcation. From the Derby Street entrance you can enter via Miller's Lane three car parks with just that crappy Excel sign at the entrance that is hidden by other signs.

You will be able to fight this. Fruitcake and myself understand this car park.

Do you know where your car was parked at the time of this incident?

Snakes_Belly

If it's the Derby Street Car park then Excel have a lease on that car park not VCS. I have checked that on the Land Registry.

Do you think that you may have parked in one of the spaces that belongs to the workshops, microbrewery, pub or taxi business? It's so badly marked out that it's possible but if that is the case it's Excel's car park not VCS. There are also a lot of signs that are not parking related which adds to the confusion.

keep_calm_and_carry_on

Hey Snakes!


Oh I know!! Remember, I won a case regarding this car park a few months back?


I can't actually remember where the car was parked as it was 3 years ago and I don't know who was driving..... I know roughly where - it was either in a car park for one of the industrial units (some of which have been demolished), or on the road as you come in from Derby St. It was parked in the evening, roughly 6pm - 10pm. I think the signs in this location say 'no parking regardless of reason' ie. it's not in the pay and display bit.


I want the SAR to confirm where the car was parked.


My defence is going to be based heavily on the mental signage - very grateful for any help I can get!


Thank you for taking an interest!

Snakes_Belly

I think that they are also doing the Excel/VCS switcheroo. Excel definitely have a lease on the Derby Street Car Park. Excel and VCS are owned by the same people but legally are separate entities.