Parking Charge Notice - Vehicle Control Services Ltd

Redx

Then you are awaiting a new date and new directions , in the post

sc-uk

Coupon-mad said:

sc-uk said:

So the trial fee has been paid -  they want to see this one through to conclusion. The WS was served to the court but hasn't be served on me. I will mention this to the judge but I doubt it will have any bearing on the case.

Yes it will.  This is a major failure.

File and serve now (right now) a signed and dated supplementary WS that states that the Claimant’s witness statement/evidence has not been served and this they have failed to comply with the Hearing Order.

At the date of signing this statement you have seen nothing by way of evidence to support the Claimants’s case and rang the court on xx-xx-2021 believing they may have discontinued. To your alarm you discovered that the Claimant has filed something you have not seen, to the court only.

You want this supplementary witness statement placed on the file for the Judge to see and you have duly copied it to the Claimant, who should not be granted relief from sanctions due to the effect on the Defendant of this unreasonable conduct.

Also mention and attach PROOF (screenshot of sent email and recipients) that you DID comply and filed and served your own WS and evidence in a timely fashion.  You need to state this, in case the C responds and tries to accuse you of the same trick as they played (not joking, it happens and a Judge might decide you are both playing games even though you are not).

We’ve seen reports time and again, literally a pattern of conduct, that VCS use this as their favourite trick in court. They get their rep to say they never received the Defendant’s WS or evidence.  DO NOT LET THAT STORY WORK.

(in the subject line of the email, include the claim number AND date and time of the hearing and the word URGENT).

If the Order has asked for your phone number by x date before a telephone hearing, do that separately and not copied into the Claimant as you don’t want them having your phone number!

So my new trial date is a week tomorrow, should I still be mentioning to the Judge that they failed to serve their WS, as that trial date was stood out and a new date arranged, for which they did serve their WS on me and the court?

Coupon-mad

Yes I'd mention it first.

Not such a biggie now as their rep will say you were not disadvantaged, but you can say you feel you were, as they had months to read your WS and respond, and you got no evidence until a couple of weeks ago so feel 'ambushed'.

sc-uk

This case was heard on Monday via video. It was a loss on this occasion, the rep put forward their case and showed all exhibits as I did also.

 

The Judge stated that he had read through both witness statements and defences, and also mentioned that he knew of this particular car park very well (I wasn't sure if he was speaking professionally or personally) but he stated that the signage was clear upon entering the car park and that there were ample opportunities to familiarise oneself with the full T&C's signs even if they weren't at the entrance (and also mentioned he assumed they were in place on the day I parked there??), which they are not,  (this is against parking regulators guidance, as I understand it).

 

He told me that I fell foul of the signage, the penalty of overstaying and any subsequent 'added fees' which are clearly stated on the signs and so he awarded the full amount, plus court fees and interest (reduced rate). The rep tried to then claim his time in preparing the case which the judge swiftly dismissed stating they had a duty to provide evidence against me.

 

One piece of good news is that I passed this car park the other day and it now has concrete bollards across the entrance, so they will no longer be getting any revenue for this particular car park!

 

Thanks for everyone’s help and advice on the case.

 

Coupon-mad

He told me that I fell foul of the signage, the penalty of overstaying and any subsequent 'added fees' which are clearly stated on the signs and so he awarded the full amount.

Despite the new statutory Code of Practice which banned added costs on 7th February, being all over this forum and on the BBC news?

Hopefully, you will be the last person to ever report that a clueless Judge thought that parking firms can add exaggerated 'damages/costs' that they never incurred.

Which Judge and court, please?  They need educating.

The Ministerial Foreword to the new Code explained the rationale for banning the added £60/£70 'debt recovery fee' because it was 'designed to extort money from motorists'.

I assume you didn't come back here at all and missed this great news, sadly, and didn't voice anything about the new Code of Practice that the Government has introduced to curb rogue private parking firms?

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

https://forums.moneysavingexpert.com/discussion/comment/79013290/#Comment_79013290

So sorry you lost.  If the Judge knows the car park and always allows cases as he thinks the signs are 'clear enough', you were immediately fighting an uphill battle.

I'm particularly sorry they got away with extortionate costs because (presumably) neither you nor the Judge knew those fake fees are banned in future. 

Snakes_Belly

Sorry that you lost.

An hour does not seem very long for a retail park especially if you are making a large purchase.  

D_P_Dance

He told me that I fell foul of the signage, the penalty of overstaying and any subsequent 'added fees' which are clearly stated on the signs and so he awarded the full amount.

Did that include any dodgy fees for debt collection, administrative charges, etc.  Were these on the signs?  If not then,imo, his decision may be flawed. and subject to review.  i

sc-uk

Coupon-mad said:

Which Judge and court, please?  They need educating.

Unfortunately I didn't come back to this forum, although having a quick read these fake fees are to be banned in the future, so perhaps not relevant to my case?

It was District Judge Revitt, Chesterfield County Court.

However it is good to learn that for future cases, motorists will not be subjected to these additional fees.

For me this case was not just about the financial implications (annoying as it is to be paying this) more about testing it in court and the principles. So it is sad for me to loose from that perspective.

sc-uk

Snakes_Belly said:

Sorry that you lost.

An hour does not seem very long for a retail park especially if you are making a large purchase.  

Well, at the time of my parking, all of the retail units were closed and out of business; the only remaining unit that was open was a pop-up theatre, so cleary parking in-excess of an hour would be required, so I am sure many customers have fallen foul of this and been issued fines. This was not the reason for me visiting the car park.

sc-uk

D_P_Dance said:

He told me that I fell foul of the signage, the penalty of overstaying and any subsequent 'added fees' which are clearly stated on the signs and so he awarded the full amount.

Did that include any dodgy fees for debt collection, administrative charges, etc.  Were these on the signs?  If not then,imo, his decision may be flawed. and subject to review.  i

To be fair, no, the added £60 is not mentioned on any of their signs.