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

The_Deep

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.

Have you considered asking for "unreasonable behaviour" costs, (CPR27.14(2)(g) at £19 an hour? Judges award them with considerable reluctance, but, imo, this is hardly reasonable behaviour.

keep_calm_and_carry_on

I will do. I think the judge said that the costs would be rolled forwards to the next hearing. I assume that means that if I win I can claim for both hearings?

Coupon-mad

Yes it does.

Snakes_Belly

It's really infuriating when you have built yourself up to the hearing and then it's not done and dusted. You will get there though.

Interesting that the rep did not want to do it again. They must be on some sort of target.

Some judges seem to think that these cases should be sorted out before they come to this stage. They must think that we are dealing with John Lewis or Marks and Spencer.

Castle

keep_calm_and_carry_on wrote: »

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).

Have you now got copies of these leases?

keep_calm_and_carry_on

No - I've got a copy of Excel's but not VCS's. I need to double check the SAR VCS sent to establish where my car was parked and then buy the appropriate land registry entry (there's two it could be).


I've also held off as I'm not sure if the bit of car park exists any more (some of it got built on) and I couldn't work out how to get historic land registry entries - the 'breach' happened in 2016.


I've already filed my defence and I said that VCS had to prove they had permission to operate on the land. We haven't got to the witness statement stage so I don't know what they're got.

Snakes_Belly

Were you on the road by the Bath Store or on the Bath Store car park? I don't think that Excel or VCS own this land and the Bath Store is not there anymore.

Could you put a link to where you exactly were parked please? If you were parked where I think you were, VCS put up more signs probably after your incident.

Snakes_Belly

Update on the two VCS historic cases recently heard one won by defendant, one discontinued by VCS.

Take a look at this poster's thread, phil25uk. Looks like a similar scenario to the Burton car park and it seems to be hacking off the judges.

keep_calm_and_carry_on

Hello I'm back!


Oooo thanks snakes, I'll have a look.


Update on my case:


I've been allocated a new hearing date in early January.


Interestingly, the judge has demanded that VCS provide a number of very specific bits of information as a result of my first hearing. He's said they need to prove they have/had a lease on the land and prove when and where it was signed up to. He's also told them to prove they are a separate company to Excel (I've got some pretty good proof they are only nominally separate). I think there's something else too but I've forgotten.


Anyway, I'm hoping that VCS either decide it's too much hassle to get the information and give up, or they do their usual trick of putting in a copy and paste witness statement that doesn't answer the questions, giving the judge grounds to tell them to jog on.


I need to get cracking with my WS - it's due in late next month. It's very heartening to hear others are succeeding!

beamerguy

keep_calm_and_carry_on wrote: »

Interestingly, the judge has demanded that VCS provide a number of very specific bits of information as a result of my first hearing. He's said they need to prove they have/had a lease on the land and prove when and where it was signed up to. He's also told them to prove they are a separate company to Excel (I've got some pretty good proof they are only nominally separate).

Sounds like the judge is about to trash them. Simon Renshaw-smith is the boss .... sister companies

What about the fake £60 ??? ABUSE OF PROCESS

In the ABUSE OF PROCESS thread, see coupon-mad's post #14 and there is your defence already written for you
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal