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  • FIRST POST
    • tbay07
    • By tbay07 7th Aug 17, 8:29 PM
    • 11Posts
    • 3Thanks
    tbay07
    Vehicle Control Services County Court Claim - Am I stuffed?
    • #1
    • 7th Aug 17, 8:29 PM
    Vehicle Control Services County Court Claim - Am I stuffed? 7th Aug 17 at 8:29 PM
    Hi,

    I realise there are a number of threads posted about this issue on here but most of the advice says to start a new thread with the particulars so here goes:

    I got a private parking ticket back in November 2015 for not displaying my pass at work. My pass is just literally a piece of paper with my company's name on, not very 'official'. It amounted to 100 pounds, which I thought was excessive for a space I'm entitled to park in and just not showing my pass clearly. I appealed to the private company and never heard back.

    That was until a year later, when I got two more parking charges on two consecutive days in November 2016 when I had a scarf on my chair that covered up my pass. I know this is my own fault and I should have had this pass displayed, however I then appealed these two charges together, explaining what had happened and I wrote this from my company email address, which I asked them to use as proof of my employment and therefore entitlement to park in that space. It's also worth noting I took a picture of signs up in the car park that contradict each other. One is from the parking fine company which says you must have a permit and another sign right next to it says the spaces are reserved for staff and visitors of my company. I'm not sure how visitors would have a valid permit.

    I never heard back from my appeal, only to then receive (in February this year) a 'notice to take legal action' letter which I responded to informing the company I had an appeal in place and had not heard back. The next correspondence I got was another 'notice to take legal action' letter in May, by this point I was quite fed up and ignored it.

    Until today, when I received a County Court Claim Form for the 300 pounds in charges as well as interest on top and court fees.

    I know at least 5 other people in my office who have forgotten their passes, and my manager is currently in talks with someone to tr and put a stop to these fines being issued to employees.

    I know I've made some basic errors (in hindsight) but things are tight financially at the moment and I really can't afford to pay what they're asking.

    I suppose I'm looking to get advice on what to do next really.

    1) Should I attend court and fight VCS
    2) Should I get a solicitor
    3) Should I attempt a settlement.

    I'm so rubbish at this sort of thing. Any help would be great!

    Thanks,

    Tanya
Page 2
    • nosferatu1001
    • By nosferatu1001 8th Jan 18, 8:22 PM
    • 2,714 Posts
    • 3,365 Thanks
    nosferatu1001
    Yes it!!!8217;s of course different

    Defence is a series of legal arguments
    Ws is a statement of facts.

    You should have seen the many examples on just this page alone in your research
    • tbay07
    • By tbay07 9th Jan 18, 4:16 PM
    • 11 Posts
    • 3 Thanks
    tbay07
    Witness Statement
    Thanks for the push in the right direction, I found the relevant posts and managed to put together a witness statement.

    Again, any advice or corrections are welcome.

    Thanks,





    BETWEEN:
    Vehicle Control Services LTD (Claimant)

    -and-

    ____ (Defendant)

    I, ______ of ________ am the defendant in this case.
    1. I deny that I am liable for the amount set out by the claimant and I submit this witness statement in support of my defence.

    2. I assert that I was the registered keeper of the vehicle in question in this case, a red corsa with registration ______, and I was the driver at the time the parking tickets were issued. On three separate occasions I parked my car on private premises that are leased to the office I worked for, _____. There is a contract between the landlord and _______ clearly stating the terms of parking. I have included this for your consideration.

    3. I have been issued with three fines from Vehicle Control Services, while parking in my allotted space at my previous workplace for ‘breach of contract’. These were issued 19/11/2015, 18/10/2016, 07/11/2016. Each fine was for £100 amounting to £300 in total. I emailed the company directly to appeal the first two charges before the third charge was issued, however I did not receive a response from them, instead I received final reminders to make payment and then a county court claim form.

    4. On the days in question I did have a piece of paper noting that I worked for ______ that had been created to make any parking officers aware that I was eligible to park in the allotted spaces. Though I had displayed this, by the time I had arrived back to my car I found the pass was not visible, either it had fallen on the floor or was partly covered by another object, therefore I had been issued with a fine on each of the three occasions.

    5. I am asking the court to dismiss the fines and amounts payable to Vehicle Control Services. The key reason is that I deny that I entered into a contract with Vehicle Control Services as contract already stood between employees of ______, which I was at the time, and The landlord; therefore I don’t believe it is feasible to impose another contract with different terms that were not clearly set out.

    6. I would also like the court to consider the poor signage prominent at the parking spaces in question. I have included pictures of the signs which clearly shows three different terms of parking, one of which states ‘These 3 bays are reserved for staff and visitors of ______’ without mention of any permits required. Next to this, the Vehicle Control Services sign is very confusing in itself; the picture I have submitted with this statement shows the small print is not readable compared to the other signs.

    I believe the facts stated in this statement are true.
    • KeithP
    • By KeithP 9th Jan 18, 6:40 PM
    • 7,656 Posts
    • 7,350 Thanks
    KeithP
    Time for you to read post #3 again.

    Please stop using the word 'fine'.

    Have you got a witness statement from your employer... again suggested in post #3?

    Back to your witness statement...

    Your point 4. could be better worded.
    How about:
    4. On the days in question I did have a piece of paper noting that I worked for ______ that had been created to make any parking officers aware that I was eligible to park in the allotted spaces. I displayed this. For some reason the parking officer did not see this, so I had been issued with a speculative invoice on each of the three occasions.
    Perhaps your point 6 should state why you think 'the Vehicle Control Services sign is very confusing in itself'.
    .
    • tbay07
    • By tbay07 9th Jan 18, 10:32 PM
    • 11 Posts
    • 3 Thanks
    tbay07
    Ah, of course, old habits die hard as they say. I've changed all mention of 'fines' to 'invoices' now and rephrased paragraph 4 as you suggested.

    I've also changed the wording on paragraph six about the signage:

    6. I would also like the court to consider the poor signage prominent at the parking spaces in question. I have included pictures of the signs which clearly shows three different terms of parking, one of which states !!!8216;These 3 bays are reserved for staff and visitors of ______!!!8217; without mention of any permits required. Next to this, the Vehicle Control Services sign has very small print and as such, the terms are not clearly visible; the picture I have submitted with this statement shows the small print is not readable compared to the other signs.

    I can't get a witness statement as I don't work for the company anymore. It was like pulling teeth trying to get the contract for the parking spaces initially and the landlords go through a letting agency who were very unhelpful when I called up as well. I still have quite a bit of evidence and (with all of your help) I'm hoping I have a compelling argument to take to court.


    Thanks again for all of your help so far, I really appreciate you all taking the time
    • IamEmanresu
    • By IamEmanresu 6th Mar 18, 4:31 PM
    • 2,404 Posts
    • 4,276 Thanks
    IamEmanresu
    How did this go?
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
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