VCS County Court Claim HELP

Umkomaas

tcsheffield said:

Hi, 2 tickets were issued in close succession I.e a couple of weeks same place, same vehicle. I was under the impression they were being dealt with  combined, obviously this isn't the case. Would you advise just pay ? The amount is equal to setting aside, with no guarantee it would be granted. 

I'm just reluctant as if (hopefully) successful in court with the ongoing claim, would be paying in vain ? 

Thank you.

I'm not the set aside 'expert' by any stretch of the imagination, but confusion as to the status of individual court claims is not one I've seen previously.  Hopefully the forum's real set aside expert, @henrik777, will pick this up and give you his thoughts. 

tcsheffield

Ok thanks 

henrik777

If it turned out that your only argument was you were confused you may be able to persuade a court to set aside. However as the claimant wouldn't be to blame then recovery of costs would be near impossible making it uneconomical to try.

However, i have to ask, did you not get 2 claim forms ?

tcsheffield

Hi , thank you for your reply. 

I've just been sorting through the file.

I was passed it from my mother as 1 document, on the understanding it was a combined claim. But now realise they should have been split, and yes there is 2 claim forms. 

It must just run like a conveyor, parking charge, then numerous demands, letter before claim, then claim form. 

There is a guy in my block who has received 1 ticket everyday for the last 2 months. I'm guessing each one will eventually reach Court Claim? 

In summary, pay the judgment.?. lesson learnt!

henrik777

Spending £255 to argue about a similar amount makes no sense. Of course you could argue they should have combined the claims or you have a good reason to set aside costs but you are long odds against to get it through with costs awarded to you. Not long odds against to win the argument but to get costs too, i think is.

tcsheffield

Understood.

Many thanks.

tcsheffield

Hi, when relying on previous cases I.e Jopson v Homeguard Services Ltd (2016) in my defence, do I just include the judgment or the whole case notes ? 

Thank you.

Redx

I would add excerpts from the cases in your WS and append the transcript in the exhibits in your bundle

tcsheffield

Great, thank you

tcsheffield

Hi, I cannot find any clause in my tenancy agreement regarding parking, the only clause related is 

(6.17) not to keep any vehicle that is not licensed for use on the highway, any commercial vehicle,  boat, caravan on the property. 

Would it be worth including my tenancy agreement in exhibits ? 

I'm trying to argue the VCS signs cannot override a tenancy agreement,  but as it doesn't state anything about parking.  

Would I be shooting myself in the foot ? 

Thanks.