Update Judgement - Both struck out (29th Feb) - Victoria Quays - Sheffield, S2 5SY

Anto_28

VCS finally responded to my LBA.

I have no other option now but to start a claim against them and hope for the best

GrannyKate

'We acknowledge letter however our decision stand the same'.

What dreadful English is this?

Coupon-mad

Anto_28 said:

VCS finally responded to my LBA.

I have no other option now but to start a claim against them and hope for the best

I'd use David if he agrees to take the case on.  His claims like this are properly pleaded and usually seek £1000 or more.

If the claim succeeds snd gets more than you would have tried for, that wipes out the fact he charges a small fee.

We are not experts in filing claims but David is, and he's a parking law expert too. There are not many combining both those skills & niche knowledge.

Anto_28

I spoke to David and he advised taking this on myself due to the value. However he has quoted me to write the particulars for me which is massively helpful of him.

I'm quite confident with the rest of the process in having to write a WS and doing the directions questionnaire 

Grizebeck

Coupon-mad said:

Anto_28 said:

VCS finally responded to my LBA.

I have no other option now but to start a claim against them and hope for the best

I'd use David if he agrees to take the case on.  His claims like this are properly pleaded and usually seek £1000 or more.

If the claim succeeds snd gets more than you would have tried for, that wipes out the fact he charges a small fee.

We are not experts in filing claims but David is, and he's a parking law expert too. There are not many combining both those skills & niche knowledge.

There are one or two dotted around )

Anto_28

Grizebeck said:

Coupon-mad said:

Anto_28 said:

VCS finally responded to my LBA.

I have no other option now but to start a claim against them and hope for the best

I'd use David if he agrees to take the case on.  His claims like this are properly pleaded and usually seek £1000 or more.

If the claim succeeds snd gets more than you would have tried for, that wipes out the fact he charges a small fee.

We are not experts in filing claims but David is, and he's a parking law expert too. There are not many combining both those skills & niche knowledge.

There are one or two dotted around )

Are you suggesting your another one 😄

Grizebeck

Anto_28 said:

Grizebeck said:

Coupon-mad said:

Anto_28 said:

VCS finally responded to my LBA.

I have no other option now but to start a claim against them and hope for the best

I'd use David if he agrees to take the case on.  His claims like this are properly pleaded and usually seek £1000 or more.

If the claim succeeds snd gets more than you would have tried for, that wipes out the fact he charges a small fee.

We are not experts in filing claims but David is, and he's a parking law expert too. There are not many combining both those skills & niche knowledge.

There are one or two dotted around )

Are you suggesting your another one 😄

I dont tout for business ha:)  My area of expertise is parking cases but dealing with them in court as advocacy is my strength.  I really dislike doing claims/witness statements/ defences etc (do i dont really do them) and so I act for quite a few unregulated law firms going from court to court on many different issues.  Set asides seem to my main thing these days

Anto_28

Got this in response to the reply forms requesting a document to delay them 30 days.



I should also mention, something I may of forgotten, this "car park" (road) has absolutely no public invitation to park. To enter you need to type a 4 digit code into the barrier to gain access. You then display a single day temporary yellow permit to park provided by the business you are visiting.





@Coupon-mad

I've been really thinking about this one, and part of me thinks the counterclaim route may be better here. Yes I lose the ability to default judgement, however, I could let them take me to court, continue the harassment further, and then hopefully they lose in court. I'm assuming the parking incident will be dealt with first and if so and they have lost the counterclaim is strengthened when the same judge determines whether the claim for breach of GDRP/DPA/DVLA KADOE is upheld along with a claim under the Protection from Harassment Act 1997?

Coupon-mad

I don't share that view.  I have helped people with counterclaims and Judges just don't give them the time of day.  Almost all fail.

It repeatedly feels like counterclaimants are treated like idiots whinging about a claim and Judges seem to treat them like they are wasting court time and should be grateful that the parking claim is dismissed.  Counterclaims are routinely all but ignored and I've seen them dismissed within minutes as an afterthought in a hearing.

Claimants get taken far more seriously.  

I also note from that sign at the barrier, that VCS don't feature.  In fact, Victoria Quays are offering vehicular entry on their terms, in their name. That means Fairlie v Fenton applies and you could use Simon Clay v CEL to support your case (yes, Mr Clay made a claim, not a counterclaim, and he succeeded at a hearing, in similar circumstances to these).

@bargepole knows about that case. The transcript is on the forum somewhere (will take some digging).

Anto_28

Coupon-mad said:

I don't share that view.  I have helped people with counterclaims and Judges just don't give them the time of day.  Almost all fail.

As your the expert i'm going to trust you judgement and send the claim off tomorrow

I could quite easily also argue that the Victoria Quays sign is the "entry sign" given that VCS's sign is

1. Hidden behind the Restricted Parking Zone sign from the main road
2. Completely out of view when at the barrier! (see image 2, why don't they put their entry sign on the wall), you'd have to lean onto the passenger seat and look upwards to see the sign in its current location!