Advice needed on Defence already submitted- going forward to contest VCS

gumgirl

PS Sorry there is a document in the bundle entitled VCS Terms and Conditions of Contract where they mention them (VCS) being the company and and a named Property Fund as being the client.
So I assume that is their contract with the Landlord.

Le_Kirk

What does this document say - you can paraphrase it rather than typing it all out. It would say something like ".... is authorised on behalf of XXX Property Fund to collect parking fees and proceed to litigation...."

gumgirl

ok, it talks about the company rights and responsibilities and the client’s. And important for me I think is the statement the company has to fix and display adequate/appropriate signage to enable the proper management etc of the site. And that the company has the discretion to alter the signs from time to time.

And that the company will operate in accordance with the British Parking Assoc. AOS code of practice. And the company has the right to demand and collect which can extend to debt recovery or court action.

They seem the most relevant bits to my untrained eye.

Gina

Le_Kirk

Not sure whether it is or not, does it specifically mention "authorised" and "collect fees/charges" and "proceed to litigation"?

gumgirl

It says- The company shall have the absolute right to demand and collect, which may extend to debt recovery and/or court action, the parking chargers from the users following the issue of the PCN.

GIna

Le_Kirk

OK, that does look like an authority!

gumgirl

Agreed!!!!

RobinofLoxley

PS Sorry there is a document in the bundle entitled VCS Terms and Conditions of Contract where they mention them (VCS) being the company and and a named Property Fund as being the client.!
So I assume that is their contract with the Landlord.

Check the dates and make sure it was in force at the time of the event.

Unfortunately the pictures I have when taken at the site a few years ago do say VCS.

I don't understand, do you mean VCS are saying the signs in your photos are not the same as the ones at the event.
Can you post the photos on here?

RobinofLoxley

There is no mention of POFA 2012

Are you sure they don't say anywhere that they are using POFA to transfer the liability of the charge to you the keeper of the vehicle?

Have you told or hinted to VCS who was driving at the time of the event?

Because I cited Beavis in my Defence statement, they are very keen to trash that!

Be sure to quote the Supreme court judges in the Beavis case who stated that the amount of the parking charge includes all the costs incurred by the parking company in running the business and is the maximum allowed to be claimed.

gumgirl

The agreement between VCS and the Client is dated Nov 2010.

RE your earlier post:

I don't know what the signs were like 5 years ago but you need to rubbish them. Last year they changed the terms to free for an hour then P & D for a second hour, still 2 hr maximum stay.The new signage (from Autumn 2018) is all in the name of Excel Parking, a sister company to VCS but a separate company entirely. Do the 2015 signs state if Excel or VCS manage the car park?


Sorry to confuse, in respect of your query above, I meant the 2015 signs state VCS manage the car park - this is clear on the photos I took in 2015.

As it happens I went to take some photos tonight of the signs- as the incident in 2015 happened in the evening, and I wanted to see what the signs looked like in darkness. My photos taken today show in evening light some of the signs are not all visible, especially when not near a street lamp., And their new signs which were not there in 2015, which have been put in next to the new pay machines are clearer and in bigger font than in 2015. In 2015 a tree was also blocking one of the signs at the front of the precinct. I mentioned this latter point in my defence statement.

Gina