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Court Proceedings Oct 2020

Hi all,

I was hoping for some help, I have had an ongoing dispute with VCS since Feb 2019 which I have appealed, submitted defense and now deep into court proceedings. I have recently received their case against me (hearing is on the 2nd Oct) and I have some concerns with what I believed was a cut and dry case (I had a permit on display when I was ticketed) it is only now they have presented evidence from Feb 2020 of an email between the management company and themselves to say that the colour of the permit at the time was invalid. I was only given a new permit later on in 2020 but of course now I have submitted by defense and witness statement I have not addressed that issue in it.

I submitted in my defense that the primacy of contract is with the landowner (not the land management company) however they have dismissed that with producing the contract between them and the land management company.

I am just looking for some advice and help because as it stands I fear I will be ruled against in court

Many Thanks

Steve

«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 29 September 2020 at 11:17AM
    Construct a supplementary witness statement to address the new issues , submit it to the court and to the claimant , including any exhibits if required
  • Umkomaas
    Umkomaas Posts: 43,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Make sure you cross reference you supplementary WS with your case number, the court and date for the hearing, your name and address and ask that the court amalgamate it with the existing documents/electronic files.  Make sure you transmit a copy to the claimant (show it as a cc on the supplementary WS you send to the court). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks for the reply - my only issue with this is that I have got no proof of what date the new permits were sent out, i just know that I did not have any other permit at the time. 
  • You dont need that proof. You put THEM to proof that YOU were notified that the permit was no longer valid, how long before it was invalid this info was given out, and how they can prove YOU were given a new permit. You state of course that you were never ever given a new permit. 
  • Yo yuwould also ask them to explain why were new permits necessary? Arbitrariliy invalidating permits isnt on. 
  • Le_Kirk
    Le_Kirk Posts: 24,859 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 29 September 2020 at 12:48PM
    Tagfish88 said:

    I submitted in my defence that the primacy of contract is with the landowner (not the land management company) however they have dismissed that with producing the contract between them and the land management company.

    I am just looking for some advice and help because as it stands I fear I will be ruled against in court

    As others have said, supplementary witness statement is the way to go and, if you can cunningly work it in, ask them to produce the consultation and vote amongst the tenants/residents/leaseholders that took place BEFORE the PPC was appointed and to show you the results of the vote that had to be more than 75% agreeing and no more than 10% disagreeing according to the landlord and tenant act 1985.
  • As everybody else says above.
    This really is VCS being so pathetic in their desperation for money. The colour is wrong ?? What other rubbish will they come out with to extort money.
    VCS are a joke in court and this is so timewasting for a judge.  You were not aware that some bright spark in the MC decided to change the colour ?  This problem is the MC's problem, they knew you held a permit otherwise you would not have been issued another so why did they give ammo to a parking scammer. ????   Are they on a share of the action ???

    Guess VCS have added a fake £60 as well.  The courts have a good trick for the likes of VCS, the judge has a special spanking stick ........ Read abut it here
    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why do we now have a second thread about this?
  • Thanks for the replies!
    I have my court hearing in 15 minutes so will let you all know how it went :) 
  • So how did you get on today?
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