Court of Appeal - Appeal - allowed vs VCS - Well done Jackson Yamba!

Coupon-mad

IANAL and would be interested in @Johnersh's take on this case but I watched it chortling to myself.

You could read the room from the get-go.

Oh how Mr Craggs struggled to push against what was a nearly closed door. IMHO he had no chance with those drivel instructions. So so weak. 

I agree 100% with @ChirpyChicken - VCS have zero chance of that going to the Supreme Court.

Their argument was easily squashed like treading on an annoying fly and there's clearly no error they can hang their hat on whatsoever. The Supreme Court won't get involved.

Looks to me like VCS were perhaps fed up with canny DJ Iyer finding against them and looked to cherry-pick one to appeal, and chose this one in an effort to get a 'persuasive' decision about the DVLA address being enough.

The CoA saw right through that!

How on earth HHJ Evans fell for that twaddle is anyone's guess but you could say the same about HHJ Saffman (VCS v Ward) and HHJ Simpkiss (OPS v Wilshaw). Persuasive - LOL! All were led up the garden path IMHO. Rubbish judgments that the CoA could quite likely have overturned if the Defendants had had the wherewithal to appeal those.

Too late now for those lost causes but this one is finally a sensible judgment.

Well done DJ Iyer in the first place. Well done the CoA for pushing back against a Circuit Judge pointlessly overturning a perfectly good first finding.

Common sense and the law prevails. Well done Jackson!  Can't wait for the final written judgment...

GrannyKate

Interesting to watch.  Flogging a dead horse from the start.  Had the judges agreed with VCS about the original address from DVLA being sufficient on its own, despite the phone calls and other warning signs being there, that could have impacted negatively on all case defences that papers were not served to the current address but to an unchecked old one.  I would guess VCS were aware of that but the judges were ahead of them.  

I think the video is useful for people with parking charges to watch as it shows a court in action.  Yes there is some formality but judges generally err on the side of what is reasonable and common sense.  Thus would an ordinary person (ie The man on the Clapham omnibus) have thought that telling someone that you had a tenancy there and could park was the same as saying you lived there. 

D_P_Dance

I would be interested to know how nuch this will cost VCS

ChirpyChicken

D_P_Dance said:

I would be interested to know how nuch this will cost VCS

You mean what the legal costs were?

Coupon-mad

Not sure it's in the public domain but the costs payable by VCS would have been in the tens of thousands for reaching this level. As the case was never allocated to track there was no small claims cap.

The industry must be fuming about this case.

ChirpyChicken

Coupon-mad said:

Not sure it's in the public domain but the costs payable by VCS would have been in the tens of thousands for reaching this level. As the case was never allocated to track there was no small claims cap.

The industry must be fuming about this case.

It hasn't been published no but costs like this would normally be far north of 10K

Blindside6

ChirpyChicken said:

https://www.linkedin.com/posts/jacksonyamba_uk-judiciary-activity-7300556422017081347-AAkq?utm_source=share&utm_medium=member_desktop&rcm=ACoAADlGaOcBG_wnNMofi6c4aEimuZM_otv0Ffo

@ Jackon Yamba

Representing a Landmark Case: Vehicle Control Services Ltd v Carr (CA-2024-001179)
I’m honored to share that I’ll be representing a client in this pivotal Court of Appeal case, which is set to establish a significant precedent for the parking industry and the legal sector.
In line with the Court of Appeal’s commitment to transparency, this case has been selected for live-streaming. This initiative mirrors the UK Supreme Court’s practice, allowing the public to observe high-profile and legally significant cases in real-time.

📅 Date: 04/03/2025
🔗 Watch Live Here: https://lnkd.in/e-yD_iYr

The live stream will focus on the judicial bench and counsel seating, with a brief time delay to ensure compliance with reporting restrictions. This is a rare opportunity to witness the justice system in action and engage with its processes.
I’m excited to contribute to this important case and look forward to your support.
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Judgment now available on BAILII: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2025/713.html&query=(Jackson)+AND+(Yamba)