Successfully defended ticket from VCS

MonkeyRum

I was in court yesterday and successfully defended a claim from VCS. The whole thing was over in about 10 minutes. VCS produced a contract with a company that was the "lawful occupier". The Judge was unhappy with it because the lawful occupier is not the landowner and VCS provided no evidence that the landowner had granted occupation rights.

I never said a word! The judge dismantled his opening statements, said that VCS didn't have enough evidence for the case, then said he wouldn't trouble me further. I did ask for costs and was awarded my missed wages though :beer:

My question is whether I am able to now pursue a claim against VCS for breach of Data Protection? Or should it have been done as a counter-claim? Is it a sensible thing to do or should I just be grateful for my win?

I'd also like to say thanks to the people that frequent this forum, the stickies and threads have been extremely helpful.

Edit: bad grammar.

beamerguy

Well done :beer:

Another VCS junk claim and another whooping.:rotfl::rotfl:

The courts are aware of their rubbish

Snakes_Belly

Well done. VCS are having an expensive time. Be interesting to see how all these toxic (2015) claims fare when they hit the courts.

Coupon-mad

Great! Just read this. Well done!

ANOTHER ONE BITES THE DUST!

Umkomaas

My question is whether I am able to now pursue a claim against VCS for breach of Data Protection? Or should it have been done as a counter-claim? Is it a sensible thing to do or should I just be grateful for my win?

It could have been done as a counterclaim as part of your defence submission alongside a court filing fee for it. Obviously too late for that now.

However, there is nothing to stop you issuing a formal Letter of Claim, it will cost you nothing to do that. In fact, if VCS did that part of their claim against you correctly, it would be satisfying, I'm sure, for you to mirror that back at them, including the financial questionnaire for them to complete!

If you get no response after 30 days (or even if you get a response), you could issue a MCOL claim with the appropriate filing fee (dependant on amount of claim). If they fail to defend, you get a judgment in default in your favour. There has to be a way to make PPCs think twice before scattering claims out like confetti, there has to be painful consequence for them getting it wrong.

Read these for inspiration:

https://www.parkingcowboys.co.uk/data-protection-act/

http://parking-prankster.blogspot.com/2017/05/motorist-awarded-900-for-data.html

http://parking-prankster.blogspot.com/2017/08/cp-plus-lose-data-protection-claim.html

http://parking-prankster.blogspot.com/2017/02/transcript-round-up-data-protection.html

http://parking-prankster.blogspot.com/2018/04/parking-awareness-do-not-contest-535.html

http://parking-prankster.blogspot.com/2016/11/smart-parking-settle-out-of-court-for.html

Keep us in the loop if you decide to proceed.

MonkeyRum

https://www.dropbox.com/s/a2mlun0t344gd28/transcript.pdf?dl=0

My favourite part!

District Judge Potts: I have this vision of a submarine going down now.

Quentin

Are your initials AJ?

MonkeyRum

No they're not

BrownTrout

Can i asked why you bothered spending money on a transcript?

MonkeyRum

BrownTrout wrote: »

Can i asked why you bothered spending money on a transcript?

For a few reasons. Other success stories, and transcripts in particular, are what made me decide to fight back. No amount of sound legal argument would have pursuaded me on their own. Hopefully others can read it and see how easy it can be in court, with the right preparation.

A colleague of mine is also being sued under very similar circumstances and he wanted a copy of the judgement and has offered to put something towards the cost.

Finally, because I just wanted a copy. Lots of people have been interested in the case and have enjoyed reading it.

Umkomaas

MonkeyRum wrote: »

https://www.dropbox.com/s/a2mlun0t344gd28/transcript.pdf?dl=0

My favourite part!

Thanks for a read of that. There was hardly a completed sentence by any party during the course of the entire hearing. Hard to make much of it, other than the important bit that you WON! :T