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VCS parking in restricted area & claim from from CCBC

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  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 December 2019 at 7:59PM
    Lidl entry from Derby Road

    Lidl-entrance.png

    Lidl exit onto service road, 2016.

    Lidl-exit.png

    Car park entrance from service road, having driven there via Lidl car park, May 2016. Note the lack of entrance signs and lack of yellow lines, so on the balance or probabilities neither were there on the date of the alleged event, and you put the scammers to proof that the contrary is true.

    Travelodge-car-park-unloading.png

    Turning right at the point shown in the preceding photo takes you back to the Derby Road entrance.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruit cake this is perfect - where the black care is parked is our vehicle was parked there just slightly forward towards the van and there definitely weren't yellow lines there then. When I mentioned in WS about P/O putting tickets on vehicles parked within their own units - the grey silver van belongs to that particular unit and they often parked there also when their own carpark was busy or they were taking deliveries so they would have been well aware that it was an acceptable practice. My other half can't exactly recall which way he went it - wondering should we push the entrance through supermarket as first possibility with the alternative of DS as the second option. thanks so much for screen shots, much appreciated
  • The CRA also makes it clear aconsumer can RELY upon the informaiton they get froma company, whether written *or* verbal

    Thanks - can you just clarify CRA please
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    upstanding wrote: »
    Thanks - can you just clarify CRA please
    CRA = Consumer Rights Act 2015

    --- if that's what you're asking?
  • ah right, thank you
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nobody here will condone someone telling an untruth, but there is nothing wrong with stating something like …

    There are two entrances to this car park, one direct from Derby Road and the other via Lidl car park and Miller Lane.

    There are no signs at all at the Miller Lane entrance therefore no contract can be formed with a motorist. It can be seen that there are no road markings where the vehicle was parked at the material time and still none when the Google camera car entered the car park from Miller Lane in May of 2016.


    If you use GSV as linked in a post around July/August on this thread, then "turn around", go into Miller Lane, then come back to the junction again you can swing the view left and right to get better views.

    Set the timeline in the Street View box in the top left by clicking on the tiny clock with two curved arrows around it, then drag the curser to the left. Some but not all of the images are from 2014 but the ones at the end of Miller Lane are from 2016. If you go one click too far then they jump to 2018 at which point yellow lines appear, so make sure you do not let the views come out of Miller Lane.

    If you swing the view left you can see a yellow Excel sign on the end of the hotel building in 2016. It is impossible to zoom in to get be able to read anything but the excel logo is in the top right corner of the signs.
    If you "drive" to the left and then swing the view to the sign, it was still there in 2018 but is unreadable.

    From the end of Miller Lane, swing the view to the right and you get a perfect shot, better than the one I have shown, of the parking area with no visible signs and no yellow lines.
    You can zoom in a little but if you go too far then a red and white, but illegible sign appears. I have no idea what the sign is for but I would be happy if it was not noticeable myself in any image I was going to use for evidence.
    Alternatively if it were to be mentioned in court, in May 2016 there are two different operators apparently in the same car park. One yellow sign to the left and a red one to the right.

    If you "drive" right round the hotel you then find there is a railway car park with yet another operator. It would be very confusing for any motorist who drove around looking for a space to know where one car park ended and another begins as there are no road markings or maps on the signs to indicate this.

    It is quite possible a motorist seeing the sign on the hotel end might think the roadway was covered by Excel whereas the red signs referred only to one of the car parks proper.

    I suggest you have a play with GSV and see what you can come up with then take screen grabs of the ones that best support your case.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 9 December 2019 at 4:54PM
    It will be very interesting to see what they say in their WS. The landowner authority should be interesting as they do not own the road. As a matter of interest a recent historic VCS case has been discontinued.

    Fruitcake was very helpful to me in getting my head around the car park and relating the issues to the law.

    Just remember how much difficulty we all have had with the ambiguity of the car park. Their rep will be totally confused especially if they don't receive the bundle until the day before the case.

    Nolite te bast--des carborundorum.
  • Well great news guys - arrived home this evening to be greeted by another letter on the doormat! This time it was with the correct news - NOTICE OF DISCONTINUANCE :):) The one thing VCS have failed to do though, is to actually SIGN IT, so will be checking in with the Court to make sure that this has been recorded - no surprise there is no up date on MCOL website yet.
    Umkomaas you really are psychic - keep polishing that crystal ball.
    A massive thank you to all the forum members who have been kind enough to take the time to read thread and offer advice - really have appreciated it along the way - thank you for your time. Power to the people :):)
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    upstanding wrote: »
    ...there is no up date on MCOL website yet.
    Nothing gets updated on MCOL after the case gets tranferred to the hearing court.


    Well done - good to hear.
  • Thanks Keith, might just give the local court a call in the next few days erring on the side of caution! Can now relax a little.
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