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

Egbert_Nobacon

Act a bit thick email back asking why Excel have your private data with no just cause which you believe to be a breach of GDPR.

State that it is VCS who are claiming against you and you need to know what they are holding.

claire07

Just to add to this I have a similar situation where all the signs and letters were from VCS but the SAR I sent to VCS was emailed back to me from Excel. When I asked who they were and how they had my details they replied 'VCS form part of the Excel Parking Services Group of Companies. Our privacy notices do refer to this'.


I am afraid I got bogged down trying to research both companies and how it could affect my case and did not take it further but hope you have better luck.

keep_calm_and_carry_on

Thanks, that's interesting. I'm sure they've got it all sewn up but I'll have a dig.

keep_calm_and_carry_on

Interesting Update!


I wrote to the judge who had heard my first case and said that my second case wasn't fair and that excel/vcs are being a vexatious litigant (or something along those lines). This was back in June.


I had a response and have been granted a preliminary hearing!


It states that it's a 30 minute hearing to consider the contents of my letter and whether 'the court should exercise its powers to strike out the claim and/or issue directions'


It also requests that I need to 'serve a brief witness statement setting out their position in respect of this (new) matter and the similarities, if any with the facts in case no xxxxxx'


It states this is 'upon the court's own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it'


Does anyone know of this happening before? I am going to proceed as instructed and see what happens.

BrownTrout

Which court is this at please?, dont worry you are not giving anything away by saying which court

keep_calm_and_carry_on

Hello,


It's Derby Court.

Snakes_Belly

Hello Keep Calm. I have seen this type of hearing listed on Courtserve. I would think that if the case is struck out you would still get costs

Where were you parked? I have been helping Upstanding who has had the SAR back now. I have the land registry record for the Excel car park if you need that however Excel have stated that Upstanding's transgression is nothing to do with that car park. So in whose authority are they making this claim?

The double yellow lines were not there in 2015 and that can be evidenced from google maps. Excel/VCS don't own Miller's Lane.

keep_calm_and_carry_on

Hi Snakes,


The car was parked near the bathroom showroom on the opposite side of Miller's Lane to the Excel car park. It was parked in a parking bay, not on the road.


Excel don't hold the lease to the bit where the car was parked, or at least it's not shown on the land registry that you/Upstanding have.


There's two more land registry records that could apply to where the car was parked - I need to check the photos from the SAR to make sure I buy the right record.


I think the letter is a positive step. I need to do some digging to prove that excel and VCS are acting as one company, despite their legal separation.


I find it hard to believe that companies are allowed to share personal data in the manner that Excel and VCS do as it makes a mockery of the whole logic of GDPR.

Snakes_Belly

Keep Calm, I think that Excel and VCS have one litigation department.

A couple of issues.

On google maps the Bath Store (Wilne House) looks to be employing VCS in 2014 to 2016 (only details available). There is however more signage in 2016 so at some time between the two dates they added more signage. In 2014 the signage would definitely have been inadequate so you easily could have missed it. I would take screen shots of both dates.

Secondly the Bath Store is no longer operating from Wilne House. I would have thought that they could only bring the claim to court if landowner authority was current. It would be interesting to see what a regular poster thinks on that one.

There are also the fake add on's to consider and the fact that they are only just bringing this claim to court.

All rateable values in DE14 2NS
Address Type Rateable Value
Units 1 - 3, Millers Lane, Burton-on-trent, Staffs Workshop £32,000
Wilne House, Millers Lane, Burton-on-trent, Staffs Offices £18,000

keep_calm_and_carry_on

An update:


I had my preliminary hearing this week but did not succeed in getting the case struck out. I think it was quite close, but the judge decided that as the two parking events took place in areas of the car park under different leases, it needed to go to full trial (or whatever it's classed as).


The VCS rep was totally unprepared and had no idea why he was there. I don't think VCS knew what the hearing was about and hadn't filed a response to my witness statement. The rep asked me if I had any paperwork he could look at before we went in but I said no. He saw my big file of papers and said "you're obviously well prepared" MWAH HA HA HA.


He grovelled to the judge about being unprepared too. I was teacher's pet again with my copies of all documents.


The hearing was also held up as the rep was on another VCS case at the same time. I was really annoyed about that and did complain but to no avail.


It was worthwhile though - one of my arguments was that VCS and Excel are only nominally separate companies. The judge stated that VCS / Excel have to prove they're totally separate at the next hearing. He said he'd issue directions, so I'll wait for them to turn up.


The judge also seemed to be trying to get VCS to settle this out of court as he stated something along those lines several times, but the rep said he didn't want to / couldn't.


As we left the rep said to me that he "would be washing his hair when this one comes back in" so I assume this means that I've made life difficult for them so that cheered me up.


I left court pretty fed up - it wasted another 2 and a half hours of my time and I've still got to go through all the nonsense of another hearing. I'm still going to though, there's no way I'm giving up!