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In court 15th January VCS
Lawrencegoole
Posts: 9 Forumite
Being taken to court by VCS for parking in a customer only car park on 27/04/15. On my original statement I thought the time of the alleged offence was at 7.20am, however on receiving all details from VCS it now seems the time of the offence was around 20.30. This makes my argument seem stupid. VCS did not tell me this during mediation and have obviously thought because of this they have a good case. Can I try a different line of defence? Can I bring new evidence to the court?
Their claim is that parking is for "Strictly Customer Parking Only" and the signage says just that, no more. I was wondering if I get statements or evidence from all the retail units in the estate (there's only 4 retail shops) could I claim that I am a customer and therefore had a right to park there? The units are Screwfix (i Have an account) Howdens Joinery ( can get a letter saying I'm a customer, a garage that we use for our car repairs and B and Q where I have a loyalty card.Any help gratefully appreciated.
Their claim is that parking is for "Strictly Customer Parking Only" and the signage says just that, no more. I was wondering if I get statements or evidence from all the retail units in the estate (there's only 4 retail shops) could I claim that I am a customer and therefore had a right to park there? The units are Screwfix (i Have an account) Howdens Joinery ( can get a letter saying I'm a customer, a garage that we use for our car repairs and B and Q where I have a loyalty card.Any help gratefully appreciated.
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Comments
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How much are they asking for and how do they arrive at the figure?0
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Amount claimed £160, Court Fee £25, Total amount £185.
Original ticket £100 reduced to £60 if paid within 14 Days.0 -
Original ticket £100. So how does that morph into £160?0
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I have no idea ? Is that a point to bring up in the small claims court?0
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Lawrencegoole wrote: »I have no idea ? Is that a point to bring up in the small claims court?
Very, very much so. It's an abuse of process and well documented on here. Multiple claims have been thrown out because of it. There is an entire thread on it.
The bad news is that it's to late to introduce new evidence. Not without paying silly money. You can however refer to primary legislation. Bumping up the price of something is an unfair term in a contract. It's mentioned in the Consumer Rights Act
Have you done a Witness Statement yet?0 -
I have, but my defence was that I was using B and Q at the time. I can now not say that I was using it at 7.30 and 20.30.0
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Take a read of this https://forums.moneysavingexpert.com/discussion/6014081abuse+of+process
Make special note of the comments about the Consumer Rights Act near the end.
You need to submit an amended Witness Statement incorporating the CRA points.0 -
Being taken to court by VCS for parking in a customer only car park on 27/04/15. On my original statement I thought the time of the alleged offence was at 7.20am, however on receiving all details from VCS it now seems the time of the offence was around 20.30. This makes my argument seem stupid. VCS did not tell me this during mediation and have obviously thought because of this they have a good case. Can I try a different line of defence? Can I bring new evidence to the court?
There have been a number of historic claims from VCS on this forum. One of the main issues for posters defending these claims is that it's difficult to remember what they were doing five years ago. Can the driver remember exactly what they were doing at the time.
Also because it is so long ago some of the information that VCS has supplied in their claims has been incorrect. They have one poster on this site as parked in a different place than the driver was actually parked. So don't assume that their information is correct. Stick with what can be remembered.
They also have form for altering material facts. See the Ambler case.
There has been quite a number of successes against VCS and their historic claims on this site when robustly defended.
Nolite te bast--des carborundorum.0 -
As a matter of interest do you have any bank statements going back to that date showing that you spent money at one of those retailers?
Nolite te bast--des carborundorum.0 -
Lawrencegoole wrote: »Amount claimed £160, Court Fee £25, Total amount £185.
Original ticket £100 reduced to £60 if paid within 14 Days.
OH DEAR, VCS still trying on the wheeze of a fake £60 add-on despite being told by the courts ... THEY CANNOT ?
As waamo says, read the ABUSE OF PROCESS thread and in particular post #14 by coupon-mad.
You use this in your defence.
Because they are abusing you and now the courts, VCS has one big problem ...... They will never know which court will spank them next0
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