The Right to issue legal proceedings and wiriting out to the parking company for proof they have it

blogon5

Hi all, I have searched the forums but cannot find a specific answer/ mention of this hence the thread.


I would like to consider citing the Ibbotson & V C S case in a defence I am working on, in which case representative for V C S could not show that they had the right to issue legal proceedings against the defendant on behalf of the owner of the land where the car was parked.

I understand at that time V C S were operating under the BPA. And the judge referenced the code of practice at that time for members of the BPA which stated the operator must have written authority from the landowner to carry out parking enforcement and control of the land. The representative appeared to have a contract of their services to the landowner but it did not expressly state that they had authority to issue legal proceedings in their name.

However now it would seem the V C S are actually accredited by the IPC and not the BPA. I think the wording on their own code of practice is quite similar.

I just wondered whether it would be a worthwhile exercise for me to write directly to V C S and ask for contractya evidence that they have this 'right to issue legal proceedings' for a breach of contract upon this land that they say they are a creditor for?

Is this recommended? How else will I know they have it or not? I assume they would be asked to show it at the court hearing should it get that far.

Grateful for any other things to consider on this point. I don't know if its just a pointless shot in the dark?

Thanks

The_Deep

if they do not have landowner authority surely this will come out in court and could costly for them. Why give them a map of the minefield.