Going to County Court Business Centre over VCS Parking Charge/ Notice.

Coupon-mad

I was telling you to edit your post that tells the world something you surely don't want to tell the world, if you are wanting to rely on a consideration period to READ THE SIGNS and decide whether to stay or leave that car park.  The PPC will say, you left the car park so were no longer reading terms.

However, if you put that in your defence already, that you left the car park and went over to (where?) then you are stuck with that, so forget I said it. 

A Judge may still decide that this lurking person, issuing immediate tickets is an unfair business practice by VCS and unfair term, because it is predatory entrapment if the signs were unclear (that's your main defence by the sound of it.  Unlit signs - if dark - are a solid defence ground).

BenjiH23

Coupon-mad said:

I was telling you to edit your post that tells the world something you surely don't want to tell the world, if you are wanting to rely on a consideration period to READ THE SIGNS and decide whether to stay or leave that car park.  The PPC will say, you left the car park so were no longer reading terms.

However, if you put that in your defence already, that you left the car park and went over to (where?) then you are stuck with that, so forget I said it. 

A Judge may still decide that this lurking person, issuing immediate tickets is an unfair business practice by VCS and unfair term, because it is predatory entrapment if the signs were unclear (that's your main defence by the sound of it.  Unlit signs - if dark - are a solid defence ground).

Thanks again, I’ll be sure to go over the NEWBIES thread again when writing my Witness Statement. The car park was on the same road as the Tesco. But across the road, meaning yeah I left the premise. Like I said, the car park was too small for me and the warden to be in it at the same time and not see each other. In retrospect, I should have read the NEWBIES thread in more depth when doing my Defence.

Thank you for the advice you have given me in this case. There’s times were I felt hopeless against VCS and considered paying them the full amount. But thanks to your help and everyone else on this thread, I feel confident enough to take them on in court, out of the principle that they shouldn’t prey on people like this.

Johnersh

I've yet to see on this forum
1. A statement from a parking attendant
2. the ppc deploying cctv.  
So I hope you've admitted nothing you didn't have to. 

The sign is generic nonsense:
1. What is the definition of land?
2. What is the definition of premises?
3. Does use of an ATM mean you are a customer?
4. Is it a permit site or not?
5. Is it ANPR or not?
These cannot all apply with you left to guess. Indeed if the requirement is to be a customer of the store, yet the terms apply 24 hrs a day, that would arguably mean that when the store is shut its a contract that's impossible to perform, so you can't very well be in breach of it. 

nosferatu1001

Maybe show us a google map of the location, so we can see what is what there?

Fruitcake

If you have the scammer's WS, please post it here for us to look over. Only redact YOUR personal data. If the scammers have redacted anything, please tell us.
If their WS is excessively long then post the first page that names the (para)legal and the last page with the statement of truth and signature of the legal, plus the all important contract.

nosferatu1001

When we say only redact your info, we mean it. 
No arguments. 

Umkomaas

Johnersh said:

I've yet to see on this forum
1. A statement from a parking attendant
2. the ppc deploying cctv.  
So I hope you've admitted nothing you didn't have to. 

The sign is generic nonsense:
1. What is the definition of land?
2. What is the definition of premises?
3. Does use of an ATM mean you are a customer?
4. Is it a permit site or not?
5. Is it ANPR or not?
These cannot all apply with you left to guess. Indeed if the requirement is to be a customer of the store, yet the terms apply 24 hrs a day, that would arguably mean that when the store is shut its a contract that's impossible to perform, so you can't very well be in breach of it. 

Wouldn't it just make it so much easier for PPCs if they were simply allowed to penalise motorists. They then wouldn't have to hide behind so many wafer-thin facades like 'protecting landowner rights', 'redacted landowner agreements', 'contractual signage', 'ATA Code of Practice compliance', 'Beavis', 'miraculous GPEOL mathematics' etc. 

Clamping was so much closer to their penalising mentality, now that's gone they've had to suffer the great inconvenience of having to paint their pit heads white!

BenjiH23

Fruitcake said:

If you have the scammer's WS, please post it here for us to look over. Only redact YOUR personal data. If the scammers have redacted anything, please tell us.
If their WS is excessively long then post the first page that names the (para)legal and the last page with the statement of truth and signature of the legal, plus the all important contract.

To my knowledge, the only info they’ve redacted is how much Tesco pay them for their ‘services.’ And the surname of the Parking Attendant. Just to confirm, am I OK to post a witness statement for a trial that hasn’t gone to court yet?

BenjiH23

Johnersh said:

I've yet to see on this forum
1. A statement from a parking attendant
2. the ppc deploying cctv.  
So I hope you've admitted nothing you didn't have to. 

The sign is generic nonsense:
1. What is the definition of land?
2. What is the definition of premises?
3. Does use of an ATM mean you are a customer?
4. Is it a permit site or not?
5. Is it ANPR or not?
These cannot all apply with you left to guess. Indeed if the requirement is to be a customer of the store, yet the terms apply 24 hrs a day, that would arguably mean that when the store is shut its a contract that's impossible to perform, so you can't very well be in breach of it. 

Also, I raised the issue of using the ATM in my defence. I don’t think they’ve addressed that in responses to my defence. I personally don’t understand how you can call a car park “restricted/ prohibited”. When it has a cash machine available to the public.

It’s not ANPR To my knowledge, it was visited by a warden.

BenjiH23

nosferatu1001 said:

Maybe show us a google map of the location, so we can see what is what there?

Here is the google location. I’ve also included VCS’s document on the location.