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Going to County Court Business Centre over VCS Parking Charge/ Notice.
BenjiH23
Posts: 37 Forumite
So, I’ve been charged with Parking in a Tesco Express when it was shut on a Friday night (11:30pm). The sign said “Customer Parking Only Whilst On Premises- 2 Hour Maximum Stay- “ I assumed it wouldn’t apply given the shop was shut, making it impossible to be a customer. But I was also sure to return in under 2 hours just in case.
I received letters from Vehicle Control Services Limited. Yet I remember reading their letters that contained no photographic proof, nor any mention of them, so I assumed it was a scam and threw them away. I thought given they already have my address, I didn’t want to give them my email or phone number as well. But in all honesty, the fact someone hung around and photographed my car that late at night and wanted me to pay £80 (at least) for it, also rubbed me the wrong way.
A few years later, I’ve received a letter from both Jake Burgess of VCS and ‘County Claims Business Court’. The latter asked I either admit and pay the amount, admit to part of the amount, or take it to court. The letter from Jake Burgess now mentions he has photographic proof, which is on their website. The photos are clear showing my car in the car park from 11:31pm-11:33pm.
In hindsight, I regret not checking out their website, or contacting them with my concerns. But still...they’re asking for £185, it’s not exactly the year to be receiving that kick in the teeth! Especially when the photographic proof only shows that my car was there for 2 minutes!
Has anyone being in the same situation from this company? As far as I’m aware, there has to be a reasonable ‘grace period’ to enforce a contract, and I’m assuming 2 minutes isn’t long enough. Also, whilst the Tesco was shut, I did use it’s cash machine. I’m going to see if it charges (though I’m doubtful), in the hope I can get that to count as me using their service, and thus being a customer. Failing that, I could also argue ‘Losses Ought To Be Quantifiable’. As I’m aware, the service VCS do for Tesco is to keep the car park for customers only to reduce loss of business. According to their proof, I parked in the car park of a shut shop for 2 minutes. I’d personally argue this could not result in losses high enough to justify charging an £80 charge. Never mind £185.
What does everyone think? Am I screwed? Or is it worth taking to court? Even if I suggest paying a more reasonable amount of money? Any help would be greatly appreciated.
Thanks.
1
Comments
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Hello and welcome.
What is the Issue Date on your County Court Claim Form?
2 -
I doubt they will accept less but a Without prejudice offer can be made if you wish to
Grace periods may be a factor , or forbidding signage , or no landowner authority , but if a claim has arrived it's on its way to Court , so think carefully about it
Post the issue date from the claim form below
Email a SAR to the DPO at VCS and attach a copy of the claim form as proof of I D under the GDPR law to obtain all your data0 -
I doubt they will accept less but a Without prejudice offer can be made if you wish to
Grace periods may be a factor , or forbidding signage , or no landowner authority , but if a claim has arrived it's on its way to Court , so think carefully about it
Post the issue date from the claim form below
Email a SAR to the DPO at VCS and attach a copy of the claim form as proof of I D under the GDPR law to obtain all your data2 -
If the claim had any merit they would have been after you faster than that. They are digging out these old claims as their cash flow must be suffering at the moment.
Most of these historic claims that they have bought that have been defended on this forum have either been discontinued or won at court. I say most but I cannot remember an old claim that was lost.
If this went to court you would be unlucky to lose. It is though a lottery and whilst most judges are very fair there is the exception and nothing is guaranteed.
Nolite te bast--des carborundorum.2 -
can you post up a picture of the signs ....sounds to me that you where complying ..... on site to use the cash machine for 2 mins ...Ralph
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You were not to know that the store was closed. They are usually lit up even when closed and if you were using a cash machine then surely you are using a service that is offered by Tesco.
Nolite te bast--des carborundorum.3 -
Tesco are offering a service by installing an autobank on their premises.
You can see why judges get p--sed off with this company.
Nolite te bast--des carborundorum.2 -
When you say "a few years" .... how many years ?
This really does show the sheer desperation of VCS and JB2 -
It's a try on. They will pursue until the last minute and then fold at the eleventh hour.beamerguy said:When you say "a few years" .... how many years ?
This really does show the sheer desperation of VCS and JB
Nolite te bast--des carborundorum.2 -
Post the signage please and a link to where the car park is situated.Ralph-y said:can you post up a picture of the signs ....sounds to me that you where complying ..... on site to use the cash machine for 2 mins ...Ralph
Nolite te bast--des carborundorum.2
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