Not the Keeper nor the Driver

victor2

Just stumbled across this thread and read the whole thing with fascination! Fantastic advice coming from the forum and I really hope that you pursue it to a satisfactory conclusion (for you anyway) @Pullmyfinger88
Look forward to future installments!

Pullmyfinger88

Coupon-mad said:

Just checking you have the actual VCS v Ferguson transcript because it's an unreported case.  The Judge can't just find that one.

Not the same as Ferguson v British Gas of course!

Ah ha, I see what you mean. Add it to my bundle, print it and take it you mean? I get you now. 👍 thanks 🤣

Pullmyfinger88

victor2 said:

Just stumbled across this thread and read the whole thing with fascination! Fantastic advice coming from the forum and I really hope that you pursue it to a satisfactory conclusion (for you anyway) @Pullmyfinger88
Look forward to future installments!

Thanks @victor2. That’s really nice of you. The people on here are very kind and clever! I will keep you all up to date. 👍👍👍

Coupon-mad

Pullmyfinger88 said:

Coupon-mad said:

Just checking you have the actual VCS v Ferguson transcript because it's an unreported case.  The Judge can't just find that one.

Not the same as Ferguson v British Gas of course!

Ah ha, I see what you mean. Add it to my bundle, print it and take it you mean? I get you now. 👍 thanks 🤣

Yes definitely.  YOU MUST APPEND THE FULL TRANSCRIPT. Almost exactly like your case:

VCS v Ferguson, Claim No. G2QZ60G1, 14/5/21 (Portsmouth Court)

I'll dig the transcript out if bargepole, softwaremad or @ParkingMad don't find it quicker than me, or if your searches don't find the link

This was @bargepole's summary at the time but the case was one assisted by @softwaremad

"The D was sent a PCN for an alleged parking breach, naming a location which he believed was in Portsmouth where he lives. It turned out that the actual location was in Sheffield, a city he had never been to, and there had been an ANPR misread, substituting a U for a V. The photos of the car also showed that it was a different colour from his.

Despite all this, VCS and various debt collectors continued to pursue and harass the D for over 5 years, culminating in a court claim, to which a counterclaim for £1,500 was filed, relying upon Ferguson v British Gasas authority.

VCS then discontinued their claim, and offered to settle the counterclaim for £1,000 if the D signed a non-disclosure agreement. He declined, confident in getting the full sum counterclaimed, and wishing to expose VCS’s arrogant and bullying conduct to a wider audience.

The Judge completely agreed, and at the hearing, roasted their advocate over hot coals. Oh to be a fly on the wall in SRS’s office when their rep phoned through the result."

Castle

Link here:-
VCS Hit For £1,500 Counterclaim - 5 years worth of Harassment - Page 2 — MoneySavingExpert Forum

LDast

httpx://www.dropbox.com/scl/fi/cwnz8vakt60d5d13snw8s/VCS-v-Ferguson.pdf?rlkey=c7nf8tjjx5wxlk39ddtpsiiu6&st=09sab9dq&dl=0

Pullmyfinger88

@Coupon-mad. I have the full transcript from the search you mentioned yesterday and I downloaded it. 

I’m sorry but when you say append, I aren’t sure what you mean. Do you mean put the full transcript in my witness statement or send the full transcript as part of my bundle and also print it and take it to court on the day.

This is the change I made after you said to add it so it currently looks like this, the full transcript added at e);

4. Exhibited to this witness statement are the following attached documents which I will rely on to support the facts and arguments contained in this statement:

a) All correspondence received from and made to I Park Services Ltd.

b) All correspondence received from and made to DBCL.

c) Screenshots of my work schedule for 21/04/23 & 23/04/23 

d) V5 for my vehicle

e) Court transcript for Vehicle control services Ltd v Robert Ferguson (Case No.G2Z60G1)

I then have this at point 61….

61. Vehicle control services Ltd v Robert Ferguson (G2Z60G1)  (Attachment XXXXX)

This case is almost a carbon copy of mine. Mr Ferguson was an incorrect data subject but was harassed by Vehicle Control Services and the victim of numerous data breaches. He was pursued despite the fact that he knew nothing about it.

It is interesting to read in 12. of the transcript that “there will be a liability to pay compensation if the claimant ought to have known that the information that they were relying on was incorrect, and I have absolutely no hesitation in concluding based on the facts of this case, and the evidence before me that the claimant ought to have known”

Judgement was in favour of Mr Ferguson in the sum of £1,500, which Judge Hayward said he considered entirely reasonable, again reflecting the modesty of my claim.

It is ok like that?

Pullmyfinger88

Thanks @Castle and @LDast 👍🏻👍🏻

Bazarius

Pullmyfinger88 said:

@Coupon-mad. I have the full transcript from the search you mentioned yesterday and I downloaded it. 

I’m sorry but when you say append, I aren’t sure what you mean. Do you mean put the full transcript in my witness statement or send the full transcript as part of my bundle and also print it and take it to court on the day.

This is the change I made after you said to add it so it currently looks like this, the full transcript added at e);

4. Exhibited to this witness statement are the following attached documents which I will rely on to support the facts and arguments contained in this statement:

a) All correspondence received from and made to I Park Services Ltd.

b) All correspondence received from and made to DBCL.

c) Screenshots of my work schedule for 21/04/23 & 23/04/23 

d) V5 for my vehicle

e) Court transcript for Vehicle control services Ltd v Robert Ferguson (Case No.G2Z60G1)

I then have this at point 61….

61. Vehicle control services Ltd v Robert Ferguson (G2Z60G1)  (Attachment XXXXX)

This case is almost a carbon copy of mine. Mr Ferguson was an incorrect data subject but was harassed by Vehicle Control Services and the victim of numerous data breaches. He was pursued despite the fact that he knew nothing about it.

It is interesting to read in 12. of the transcript that “there will be a liability to pay compensation if the claimant ought to have known that the information that they were relying on was incorrect, and I have absolutely no hesitation in concluding based on the facts of this case, and the evidence before me that the claimant ought to have known”

Judgement was in favour of Mr Ferguson in the sum of £1,500, which Judge Hayward said he considered entirely reasonable, again reflecting the modesty of my claim.

It is ok like that?

It’s G2QZ60G1 :-) 

Pullmyfinger88

Bazarius said:

It’s G2QZ60G1 :-) 

Ouch 🙈 Thank-you @Bazarius 👍🏻👍🏻👍🏻👍🏻