VCS parking in restricted area & claim from from CCBC

upstanding

trying to be a little prepared and making notes for draft witness statement so we have time line of dates of 'begging letters' from the debt agencies etc etc - hoping though that as the date is incorrect on the Po's report that he has signed as being a 'true statement of fact' will carry some weight and the fact he said car was parked in one place when it was actually parked somewhere else will also have some significant bearing - logic would seem that incorrect information would mean incorrect issuing of 'that piece of paper that tries to get money out of people" surely?

Snakes_Belly

If they are saying that it has nothing to do with the Excel Car Park then the restricted area must relate to one of the units which is possibly sublet. There is no contract so if you are trespassing I thought that only the landowner could bring in this type of claim.

I think I would write and ask for the landowner authority. Those units have changed hands and even if they had authority it could be out of date now.

Even with current landowner authority my understanding is that the landowner is the only one that can sue for trespass. If your car was parked on the road but slightly encroached onto the restricted area was that trespass?

Bargepole fought a case which involved trespass and took some advice from an authority on contract law.

upstanding

Hi - have been off line for sometime and not able to post (due to family bereavement out of UK). As an update received letter in post - Notice of Transfer of Proceedings - stating you will be sent a notice of allocation and to await Judge's directions. This was dated 16th August and they recorded that as date we had submitted DQ despite my emailing prior to that - hey ho.

Anyone able/willing to offer advice as to what happens hereon in - my brain has gone and struggling to recall info& advice received prior. Guessing need to prepare and work on witness statement - any help greatly appreciated. Due to family matters I will be out of country again now for nearly a week but need to try and get some sort of paperwork in order. Thanks in advance.

KeithP

Nothing has changed in your absence.

The best guidance is still to be found in post #2 of the NEWBIES thread.

upstanding

Thanks Keith, will take a look at first opportunity and try and refresh the grey matter!

Snakes_Belly

Upstanding,

I am sorry about your loss and will email you.

VCS are pursuing a claim without any merit at a very stressful time for you.

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.

upstanding

Thank you SB - much appreciated. Just to update other forum members who have been kind enough to share their expertise and advice of the latest developments - received notice of allocation to the small claims track hearing - date in New Year. Since then VCS have sent another missive stating
"We are confident that we have a strong case against you and we are entitled to recover the outstanding PCN and any additional costs as set out in Particulars of claim" - "therefore we are willing to accept a reduced settlement charge of £125 payable within 14 days of date of letter "- it took 5 days to receive the letter via snail mail!! Parting shot states " Should you fail to accept our offer of settlement then we will continue with our claim for the full amount and bring this letter to Courts attention upon the question of costs.
Sorry had to type it out as couldn't upload copy of letter - has anybody else received this type of missive before proceeding to Court?- by the way, we haven't responded!

Umkomaas

VCS starting to wobble. Without being complacent, you're much nearer to a discontinuation now than at any time previously.

No promises/guarantees (so you need to continue on with this), but currently looking a bit more hopeful (IMHO!).

Redx

Plenty of similar missives on the forum , especially before a discontinued claim

Blah , blah , they would say that wouldn't they ?

But would they bet you £500 on it ??

Snakes_Belly

Q2uantum's case is tomorrow and that is another of these VCS historic cases.

It's possible that VCS may discontinue so keep a note of the costs because I think that you can still make a claim. You still have to assume that they will go through with the hearing and could pull out at the last moment. The rep might try to make an offer on the day.

The judge that decided Keep Calm's case sounded quite considered and I understand that you are allocated to that judge.