VCS Court Claim (Residential Parking, Disabled Passenger) - Defence Advice Needed

Mouse007

satinheartmgmt said:

Any last minute tips/advice?

Treat yourself, have a wee dram and get some sleep

and the best of luck for tomorrow

satinheartmgmt

The case got struck out.

I didn’t even have a chance to speak!

The judge said the solicitor didn’t have a right of audience as he never actually worked for VCS or DCBL legal, he was just instructed and ‘authorised’ by them to attend.  But they can only authorise someone else to attend if it’s a county court hearing in the chambers, which it wasn’t it was a public hearing. The judge could have granted him a right of audience out of her own discretion but she refused. So it is down that the claimant never showed up!
The judge ordered that the claimant pay me £25 for travel costs too.

I may have got the jargon wrong but I’ll post the full decision when the court send it over.

VCS could appeal it this decision, but I highly doubt they will - it’ll cost them too much!

time to have a drink!!!!

Mouse007

Well done, excellent outcome.

Umkomaas

Great result, well done. 

The judge said the solicitor didn’t have a right of audience as he never actually worked for VCS or DCBL legal, he was just instructed and ‘authorised’ by them to attend.  But they can only authorise someone else to attend if it’s a county court hearing in the chambers, which it wasn’t it was a public hearing. 

I've never seen this before, I thought a solicitor did have RoA, but I'm not the expert on this. Perhaps @bargepole or @Johnersh might comment?

If the Judge is correct, that could blow out any gun-for-hire legal representing the private parking sector in court. 🤷‍♂️

Coupon-mad

Strictly speaking the Judge was right, but harsh! Sounds like one who us fed up with seeing consumers bullied by PPCs.  

We gave up arguing "RoA" ages ago as it annoys most Judges who are prepared to use their discretion.

Not a recommended attack.  Been there, done that, wins no favours in court usually.

ANYWAY, ANOTHER VCS ONE BITES THE DUST!

Well done, @satinheartmgmt - and on getting some costs awarded too!

satinheartmgmt

Thanks everyone! Couldn’t have done it without the help from everyone on this forum.

The judge was AMAZING. She just ripped into them, it was lovely to hear. Maybe judges are finally just getting sick and tired of PPC’s? 

What is the likehood they will appeal this? I still feel as though it’s unresolved and they’ll find another way to get me

Coupon-mad

They won't appeal.  A Judge is entitled to take a firm view on RoA. 

Which court and Judge? She sounds great!

Scam over.  Now you've won this battle and earned the 'virtual t-shirt', please don't disappear just yet.

A final Public Consultation is coming.

We need you; motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 plus false 'fees' for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. There will be one window of opportunity very soon, likely early this year.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read only the latest (2022) posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.

Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need VERY high numbers of real victims to make a point of responding to this final Consultation.

Le_Kirk

Well done, very pleased to read about it.

bargepole

Umkomaas said:

Great result, well done. 

The judge said the solicitor didn’t have a right of audience as he never actually worked for VCS or DCBL legal, he was just instructed and ‘authorised’ by them to attend.  But they can only authorise someone else to attend if it’s a county court hearing in the chambers, which it wasn’t it was a public hearing. 

I've never seen this before, I thought a solicitor did have RoA, but I'm not the expert on this. Perhaps @bargepole or @Johnersh might comment?

If the Judge is correct, that could blow out any gun-for-hire legal representing the private parking sector in court. 🤷‍♂️

The reps who appear in Court on behalf of PPCs are generally not solicitors, they are generally unregistered barristers - i.e., who have qualified, but do not have a tenancy at a set of chambers, and are working freelance. They cut their teeth on small claims cases, hoping it will lead to a permanent position.

On a strict interpretation of the Legal Services Act 2007, they shouldn't have RoA, although most Judges will use their discretion to grant it. The problem with trying to argue that point, is that they will have appeared many times before that Judge in all types of cases, not just parking, and the Judge will be reluctant to admit that he/she shouldn't have let them.

Boat_to_Bolivia

Good news OP. All that hard work and even though you didn't get to present your case, you got the win you deserve.

Enjoy your drink(s)