Case Dismissed - Vehicle Control Services

olodhin

I just wanted to share my experience as, as of today I am free from VCS. 

First off I have been very very lucky, I have been overwhelmed with the whole process of submitting paperwork and what is required and whilst the forums are excellent and the people very helpful, I am unfortunately my own worst enemy and was missing deadlines and important information. A mix up at the courts also potentially saved my !!!!!! so I would suggest that anyone who is in the same position, to seek legal councel and get help. 

The case was surrounding permit parking in an allocated bay which I was entitled to park in. Thankfully the judge was reasonable and dismissed the case. VCS argued that the terms and conditions were a unilateral agreement but the judge was having none of it. He asked what considerations they made for residents but he didn't have an answer other than his main argument of the unilateral agreement. 

The judge almost threw out the case because VCS did not provide documents on time but they did have a valid reason with evidence so the judge allowed it. 

I didn't really speak, I just let the evidence do it's work and I was honest and told the judge I was a bit in over my head and didn't want to say anything that wasn't relevant. So I think he appreciated that. I told the truth and told him that I didn't display the pass on the days in question, but explained my reasons behind as I share a space with a roommate / it falls off because I can't affix it / I forget to do it. 

I forgot to bring up anything about covering my costs but honestly I was just happy it was over and done with. After the ruling it was just a case of leaving and carrying on about my day.

Car1980

He asked what considerations they made for residents but he didn't have an answer other than his main argument of the unilateral agreement. 

Interesting. Lack of legitimate interest in a way - a distinguishing feature from Beavis.

Coupon-mad

olodhin said:

I just wanted to share my experience as, as of today I am free from VCS. 

First off I have been very very lucky, I have been overwhelmed with the whole process of submitting paperwork and what is required and whilst the forums are excellent and the people very helpful, I am unfortunately my own worst enemy and was missing deadlines and important information. A mix up at the courts also potentially saved my !!!!!! so I would suggest that anyone who is in the same position, to seek legal councel and get help. 

The case was surrounding permit parking in an allocated bay which I was entitled to park in. Thankfully the judge was reasonable and dismissed the case. VCS argued that the terms and conditions were a unilateral agreement but the judge was having none of it. He asked what considerations they made for residents but he didn't have an answer other than his main argument of the unilateral agreement. 

The judge almost threw out the case because VCS did not provide documents on time but they did have a valid reason with evidence so the judge allowed it. 

I didn't really speak, I just let the evidence do it's work and I was honest and told the judge I was a bit in over my head and didn't want to say anything that wasn't relevant. So I think he appreciated that. I told the truth and told him that I didn't display the pass on the days in question, but explained my reasons behind as I share a space with a roommate / it falls off because I can't affix it / I forget to do it. 

I forgot to bring up anything about covering my costs but honestly I was just happy it was over and done with. After the ruling it was just a case of leaving and carrying on about my day.

Yay! Congrats!

ANOTHER ONE BITES THE DUST!

If you get more and another claim you could ask David at Small Claims Advisor (he posts as bargepole here but runs that company separately) and/or Jackson at Contestor Legal (specialist parking law barrister/legals) if they can do your case for a fee and can they appear at the hearing to speak for you.

Both are legally qualified experts and totally trusted by this forum's regulars.

Which judge and court?

How did a mix up by the court rescue you?

olodhin

Coupon-mad said:

If you get more and another claim you could ask David at Small Claims Advisor (he posts as bargepole here but runs that company separately) and/or Jackson at Contestor Legal (specialist parking law barrister/legals) if they can do your case for a fee and can they appear at the hearing to speak for you.

Both are legally qualified experts and totally trusted by this forum's regulars.

Thanks I will consider that, as yeah I found it all so overwhelming all the docs you have to submit and time frames. It's really tricky if you are unorganised like me...

Which judge and court?

So I was at Manchester Civil Justice Center on Bridge Street, can't remember the judge's name I'm afraid.

How did a mix up by the court rescue you?

Well I hadn't submitted the evidence I was going to use in court as I thought you just show up with it but in hindsight that was kind of stupid to think... As my understanding was that I should have submitted those documents to the claimant and the court. But as the court didn't actually have our hearing scheduled because of this "mix-up" the judge didn't get the full bundle and so was happy to receive the originals I had on my persons.

Coupon-mad

Haha!

Lucky. You were in breach of your hearing order!

Might have been DJ Sunil Iyer? He's at Manchester and likes a parking claim.