VCS parking in restricted area & claim from from CCBC

Snakes_Belly

They are issued on behalf of Excel in the car park ( I had one). Excel have a lease on that land. I have the details from the land registry if you need them. The sign at the entry to the car park is an Excel Sign as are the signs in the car park.

The reason why they put those VCS signs up is that at the time Excel were with BPA and VCS were with IPC and appeals to IAS are weighted in favour of the PPC.

There were no double yellow lines at the time of your incident or any demarcation between the road and their car park. You would not have disadvantaged anyone parking on the car park.

Snakes_Belly

The local council responsible for Millers Lane is East Staffordshire District Council which is a District Council and the local parish council is Shobnall Civil Parish.

If you were on the road before the yellow lines I can't see what you were doing wrong unless you had slightly encroached onto Excel's (Not VCS'S) car park. You could not have disadvantaged another motorist.

There is a doctrine of de minimis which means that the claim is that trivial it should not be bought to court. It is a trivial matter if you were just slightly encroached on their land especially as there are no demarcation lines.

There is also the question of the fact that you are being sued by VCS but the land where the so called transgression took place is leased to Excel. I have cast iron proof of that and they are separate entities.

upstanding

Thank you so much for sharing - you have a wealth of information - would certainly appreciate copy details of the land registry etc and anything else you feel would be appropriate to include and highlight etc. The doctrine of de minimis is certainly interesting so another very valid point - presuming this is something I can make reference to in the defence along with pointing out that the "supposed charge" should then have been issued by Excel and not VCS? Keep Calm has also been very helpful offering support - it really is a mine field.

upstanding

Hi Snakes just tried personal messaging you but message didn't go as you have no space in your quota to receive any more!!

Snakes_Belly

I have quite a full inbox because I have been keeping messages in relation to my own case which was/is open to appeal by the PPC. I will clear a couple out and send you the Land Registry details.

I am not a regular on this forum or have any legal training however Keep Calm and myself have both fought claims in this car park from Excel at different courts.

upstanding

Thanks would be great if you could so i can drop you a query if you wouldn't mind and would really appreciate land registry details also.

Snakes_Belly

I have copied and pasted the Land Registry entry in a PM.

Probably best if you could post on here as I need to keep the stuff in my PM's until I am sure that the PPC will not appeal. They are now past the time for appeal however the Court is very behind with administration. I am waiting for them to come back to me to confirm whether or not the PPC has appealed.

Regarding your defence and WS you will need to post on the board for the regulars to check over.

upstanding

Hi thanks SB for details on land registry - I'm trying to decipher whether ESBC still owns the road or whether that transferred over to MIllbrook in 2011 - or whether right of way is still with ESBC given that their depot is there along with access to units and railway car park and hotel etc - one can only assume it is a PUBLIC highway. I don't have access to the plan so difficult to envisage exactly other than thinking red area specifically highlights the car park in front of Travelodge where Excel assert their perceived authority.
My question to all forum members is this: PCN stated car parked in one of the business units, the court claim form states this being units1-4 (which no longer exist) but car was not parked within the unit it was on Opposite side of the Road. No Notice to Keeper was ever received -just demand for payment some months later.
As I have not been able to upload copy of CC form it states:
Amount Claimed £160.00. Court Fee £25.00 Legal representatives costs £0.00 - Total amount £185.00
Should defence then focus on incorrect details, abuse of process (demanding extra £60) an no contract entered into, VCS suing despite car park area governed by Excel, along with all the ambiguous signage.
Snakes did mention about possibility of tyre being on cobbled area - but again as he states there was no clear demarcation - kind of hoping that if parking charge notice is completed incorrectly then there is no case to answer - any helpful comments would be appreciated

Snakes_Belly

Any news on the SAR yet?

Snakes_Belly

Is there a postcode for where the transgression is suppose to have taken place? There are some units on the Excel car park. There is a microbrewery, pub, taxi firm etc. The signage upon entry to this car park (if you can see it for all the other cluttering signs) is an Excel sign.

Can you post up the photo that you have of where you were parked? It may be worth getting the plan from the Land Registry which costs £3.00 but I would perhaps wait for the SAR first.