Court case success

RAMBCU1884

Court case success


First of all thank you to this forum and everyone who helped me with all the paper work and preparation for my court case against VCS.

It was with regards to me parking in my own parking space at my own flat with a permit that had slipped down the windscreen.

After submitting my defence & WS with only 5 days to go before the case (due to an error on the courts part with a mistake on the letter). I arrived at the courts in Derby hoping all docs had arrived to relevant parties.

When I arrived I was pointed where to go and sat outside the room we would later go into - it was lunch time on a Friday so it was fairly quiet and this meant I was more than likely to start right on time at 2pm (perfect as I had to get down to London that evening).

With 20 mins to go a person sat the opposite end of the waiting area and after seeing them going through papers I realised this was the person I would be going up against in the court room (no signs of intimidation from the other side which I’ve read has happened in other cases)

Five minutes before we went in an usher came to confirm my name, the judge and the room we would be in and that I would have the opportunity to speak to the claimant side before the case was heard - when this offer was made I simple said I had nothing to say to the other side as we went into the room.

When we went in the judge asked us to be seated and gave an overview of the process.

As we introduce ourselves the claimants confirmed they were acting as a solicitor’s agent - so I was rushing through my papers to find my Right of Audience argument to ensure they couldn’t speak in the court room.

However by the time I got them the judge had already asked his first question - and listening to the tone in his voice - it was clear this was going to be an open and shut case so i decided to not jeopardise my position by trying to know best!

The first question from the judge was what what evidence did VCS have that trumped at 100 year old lease/contract that allowed me to park in my space.

The agent who wasn’t very prepared was stating about the parking permit and the signs and bumbled there way through an answer but the judge straight away said I have legal right to park and I have a lease that trumps anything VCS has. He also pointed out that the space is only accessible by fob through a security gate - so how can I access the space if I’m not a resident - again more bumbling from the agent.

The judge then pointed out that I had rightly raised in my evidence that if the management company want to change the lease then they have to get 75% approvals from residents and as this wasn’t done when the parking contract was awarded them the original lease stands.

He then went off stating that most these cases he sits through are cut and paste jobs from the parking companies and are regularly dismissed.

He then dismissed the case and awarded my costs (travel, stationary, litigation) - however he wouldn’t award my lose of earnings for the day.

I then referred him to the legal text that’s outlined on the forum about loss of earnings - he said that because VCS had carried out all their legal proceedings in the appropriate manner then I wasn’t entitled to loss of earnings.

He then said that payment needs to be made in 14 days and sent us on our way.

By the end of the case I must have said no more than 30 words in total and the case lasted 11 minutes.

Three questions I have following the day

Now the case has been dismissed do the court send a letter to confirm the outcome?

Is it possible to find the details of the case / transcript anywhere? If so where can they be sourced?

Finally - my court case was 14 days ago and (shock) VCS haven’t sent me a cheque covering my costs. What should I do to follow this up with the court/VCS?

Thanks again for all your help and let’s keep fighting these lot every step of the way.

The_Deep

I then referred him to the legal text that’s outlined on the forum about loss of earnings - he said that because VCS had carried out all their legal proceedings in the appropriate manner then I wasn’t entitled to loss of earnings.

Is that correct?

The PPC has wasted the OP's time, probably offended against the his/her leasehold right to peaceful enjoyment, under the Landlord and Tenant Acts, and obtained data unlawfully.

I think that the judge is wrong.

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies [/FONT]


IMO opinion, OP is not only entitled to these costs, but to unreasonable behaviour costs as well. Why should the OP be in any way out of pocket.

Redx

I believe that you will receive a court letter with the judgment in due course

If you require a transcript you apply for it to an approved transcription service and pay the fee , not cheap and not recoverable AFAIK

Wait a week or two and then write to VCS giving them say 7 days to pay in full or you will take enforcement action without further warning , known as a warrant of control

You could complain to the DVLA and the ICO about your details being accessed without good cause

You could consider a court claim of your own against the MA plus VCS jointly , you hav 6 years to try a court claim if you are up for it , especially if VCS breached the DPA and if the MA has broken the law regarding the changes in lease rules which you mentioned

Well done

Another one bites the dust

May I suggest you post your defence and WS below , in case others wish to use them in their own own space cases

Can I also suggest that you pm crabman or soolin and ask them to merge this thread into your previous thread here

https://forums.moneysavingexpert.com/discussion/6048846/skeleton-defence-check-please

The_Deep

Redx, do you think the judge was right not to grant OP's loss of earnings costs?

Redx

The_Deep wrote: »

Redx, do you think the judge was right not to grant OP's loss of earnings costs?

definitely not , it was a spurious claim and my opinion is that judges should award punitive damages of say £500 anyway , to deter these types of claims from being started in the first place

The only way I see to do this is fight fire with fire , taking the MA and VCS to court over it

beamerguy

Well done, it seems that VCS keep sending this Mr Bumble to court.

It's no wonder the courts are fed up with the scams VCS take to court

The_Deep

Perhaps someone should try to get SRS in front of a judge.

beamerguy

The_Deep wrote: »

Perhaps someone should try to get SRS in front of a judge.

SRS would be too scared Sir Deep