VCS parking fine

Penguin1234

Penguin1234 said:

Coupon-mad said:

Clearly you have a defence. And it’s not just about the false added costs.

Read the NEWBIES thread 2nd post about pre-action stage and how to win by defending the later court claim. 

Thanks, so based off that advice, am i right in thinking that i ignore any debt collection letters, and wait for a letter before claims?

Thanks a lot

For context


The stage im at is as follows:

To my knowledge they've sent the initial letter to pay and a follow up.

The second second letter of "demand for payment" stating the account has been passed to the "debt management team" an additional" debt collection cost of £60" has been added to the outstanding amount, whilst giving me a "deadline for action date" which has now passed. Also say that "we may commence  legal proceedings against you" and that "in the event of county court proceedings are issued, we will also be seeking to recover the associated court fees, solicitors costs and statutory interest"

Also they state in red that my opportunity to appeal has been lapsed and that they wont accept any further disputes or challenges at this stage, whilst also quoting ParkingEye v Beavis (which I've read is a rubbish useless argument on their behalf).

Finally on the back of the page they've stated "you have received this notice because the company intends to take you to court"

Thanks, so based off that advice, am i right in thinking that i ignore any debt collection letters, and wait for a letter before claims? And i would use the unclear signs as well as the WRONG contravention code as my defense?

Snakes_Belly

Penguin1234 said:

Coupon-mad said:

Clearly you have a defence. And it’s not just about the false added costs.

Read the NEWBIES thread 2nd post about pre-action stage and how to win by defending the later court claim. 

Thanks, so based off that advice, am i right in thinking that i ignore any debt collection letters, and wait for a letter before claims?

Thanks a lot

Yes wait now for an LBC and keep any debt collectors letters.

Snakes_Belly

There may also be issues with landowner contract but you will not see that yet.

Penguin1234

Snakes_Belly said:

There may also be issues with landowner contracts but you will not see those yet.

sorry please could you elaborate on what you mean by that

Snakes_Belly

VCS will have a contract with the landowner of that site.You will not get to see that contract until the Witness Statement stage. There can be issues with these contracts.

Redx

Penguin1234 said:

Snakes_Belly said:

There may also be issues with landowner contracts but you will not see those yet.

sorry please could you elaborate on what you mean by that

Many contracts fail for various legal reasons , so you won't see any until the witness statement plus exhibits stage , a few weeks before any court hearing !!

You wouldn't believe the terrible and unlawful contract paperwork we see in these cases , but each case need to be scrutinized against the various legislation in force , like at forensic level !!

Coupon-mad

It’s not “wrong contravention code”. 

 It’s the fact that the alleged breach was void for impossibility - you can’t contract and agree to pay and display in a non pay and display car park.  

And the signs cannot have been prominent enough or you would never have driven into the ‘wrong’ section. I’m when 2 car parks are next to each other and used to be used by gym goers(?) then any change must meet Lord Denning’s ‘red hand rule’ for clarity and be absolutely ‘in your face’ to be sufficient to create agreement between the parties.

Snakes_Belly

There was obviously something wrong for the staff in the gym to get ticketed.

outwestuk

Snakes_Belly said:

VCS will have a contract with the landowner of that site.You will not get to see that contract until the Witness Statement stage. There can be issues with these contracts.

So are they required to provide the contract or is it something you have to ask for? I have asked for this in a couple of cases and had no reply

Coupon-mad

They'll show it before a court hearing, not before.