Fluttering ticket parking fine

ParkingScum

Hello,
I’m aware there are many posts on this topic which have given me a great deal of help in understanding the process. I just thought I would start a new thread for my case as another example of a parking fine start to finish.
In February 2023 I was given a parking fine (£100) by VCS after my valid purchased parking ticket blew the other way around. There is a matching serial number on both sides which validates the ticket but VCS chose to ignore this. The ticket was the correct way round when I left the car. It did have a self adhesive side which I chose not to use as I didn’t want to be picking cheap ripped label off my windscreen.

There was a data protection leaflet left on my windscreen, then within 14 days I’ve had my notice to keeper (I was a passenger not the driver) and have refused to give driver details. I’ve appealed to both VCS and the IAS (I know its a waste of time but I wanted to say I followed the process if it goes to court). Asked for authority to issue tickets on the said land, an invoice for the £100 charge bearing in mind I had paid to park there all the usual stuff. Wrote to the landowner they don’t want to know. Now had a final demand letter from VCS for £170 and am currently waiting for the next stage which I’m guessing will be the lovely people at Gladstones.
My questions: I’m planning on ignoring and filing everything until I get County Court papers. Can’t really see the point in further discussions. At that point I’m going to draft a defence and witness statement (which I’m hoping some of you can assist with at the time) and put in a counter claim of 10 hours lost time spent on the case at £25 per hour minus tax/national insurance and £150 for the day off work to attend court minus tax/national insurance. Have I missed anything here? Is there anything else I should be doing/done? I have plenty for my defence but no point going into that now. Thanks in advance. Just want to be prepared if this goes to court which I think it will.

Coupon-mad

VCS don't use Gladstones, they either do it themselves in-house or they use Elms Legal to file claims (to save money as most just go to CCJs, so it's a conveyor belt shoo-in to a "money feed" from victims, once people either discover the CCJ, or panic and pay £250 at first sight of the claim form).

They drop Elms and run the WS stage themselves for those few robust Defendants who defend.

You've not missed anything.

Snakes_Belly

I don't know whether their tickets have sticky on the back. Have you still got the ticket?  Many judges seem OK with the fact that you have paid. They see this as complying with the consideration element of the contract. 



 

ParkingScum

Lovely thank you Coupon Mad. I’ll just keep this thread updated as things progress. Never sure how people just discover a CCJ I’m assuming they don’t keep address details updated.

Umkomaas

At that point I’m going to draft a defence

You do know that there is a defence template available in the Template Defence Announcement?  90% is already written for you, just fill in the details of the parking event in the early part of it. 

and put in a counter claim of 10 hours lost time spent on the case at £25 per hour minus tax/national insurance and £150 for the day off work to attend court minus tax/national insurance.

Forget that, it won't happen. The ordinary costs (no need for counterclaim) to which you might be entitled for a court attendance is half a day @ £95 per whole day, plus maybe a bit of travel costs. That's about it

Coupon-mad

Oh yes, quite right.  Claiming costs is a free hit at the hearing, NOT a 'counterclaim'.

ParkingScum

All great info thank you. I still have the ticket yes. It does say on it that you can peel the back off to stick. Not sure if that will go against me but I didn’t want it sticking to my windscreen incase it won’t come off.
I will use that defence template when the time comes thank you.
Thats a shame about counter claims. So if their case is thrown out by the court I can’t claim any time spend arguing with the IAS and putting my case together which will have used about ten hours of my time. I read somewhere if a counterclaim is submitted they may not go to court as its more risk for them? I’m going either way. I would rather go and loose and pay up knowing I’ve cost these leeches money. If everyone saw this through their business model would fail and they’d be out the game.

Coupon-mad

It's not that you can't ask for costs but to get more than the standard capped amount, you'd have to demonstrate wholly unreasonable conduct by the Claimant.  Quite rare that a Judge agrees.

Putting in a counterclaim costs you a fee (maybe the hearing fee too) and makes them LESS likely to discontinue.

ParkingScum

Right. I hear what you’re all saying. In parking eye vs nicholas bowen he managed to get £1500 of costs according to the paper. Though he was a barrister and I imagine he argued that a days wages was £1500. It’s great when they have to pay up.

Umkomaas

ParkingScum said:

Right. I hear what you’re all saying. In parking eye vs nicholas bowen he managed to get £1500 of costs according to the paper. Though he was a barrister and I imagine he argued that a days wages was £1500. It’s great when they have to pay up.

In issuing somewhere around 1.5 million tickets a year, £1,500 is water off the duck's back to PE. Loose change and just the small cost of 'doing business'. 

Coupon-mad

ParkingScum said:

Right. I hear what you’re all saying. In parking eye vs nicholas bowen he managed to get £1500 of costs according to the paper. Though he was a barrister and I imagine he argued that a days wages was £1500. It’s great when they have to pay up.

He did, but that won't have been a counterclaim.