County Court - VCS - Hartlepool Marina 4 years ago, County Court claim form received for parking at Hartlepool Marina |
Helping the motorist get justice 
Helping the motorist get justice
County Court - VCS - Hartlepool Marina 4 years ago, County Court claim form received for parking at Hartlepool Marina |
 Sun, 23 Jun 2019 - 16:21
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#1
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799  |
Received a claim form from County court businees centre for £185 for breach of contract on private land, namely parking without displaying a vlaid ticket
The offense date is over 4 years ago (May 15) so honestly details are a bit sketchy. Maybe not the best course of action but we have ignored letters from VCS as my daughter believed she had a ticket but couldn't find it Sept 2015 - - asking for £150 to settle balance, there was obviously a letter before this which she can't find. Oct 2015 - £180 - Wright hassel solicitors March 2016 - BW legal requesting £154 Options are to pay up or dispute the claim. Appreciate any advice, attending court is not something my daughter would like to do, do we have a defence or any chance of winning this as the charge is very excessive considering the alleged crime.. |
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Sun, 23 Jun 2019 - 16:21
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 Advertise here! |
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Fri, 12 Jul 2019 - 15:21
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#21
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Of course you state no NtK was served on yuo within the usual time scales, and that 4 months later noone can be sure who drove on an otherwise unremarkable day. THats why Police NiPs have a 14 day timeout...
Not an offence either! Alleged breach of a civil contract, usually. |
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Wed, 17 Jul 2019 - 18:55
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#22
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Member Group: Members Posts: 96 Joined: 14 Mar 2017 Member No.: 90,848 |
Keep fighting i believe the land is in the process of being sold on, not sure if this would affect the original claim ?
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Thu, 18 Jul 2019 - 12:34
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#23
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No, why would it?
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Thu, 25 Jul 2019 - 12:13
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#24
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
Received Notice of Proposed Allocation to Small Claims Track
Assume I decline the offer of the Small Claims Mediation Service? Am I ok to put myself as a witness? as she is dreading going to court so it may be preferable for me to do the talking |
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Thu, 25 Jul 2019 - 12:52
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#25
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
She will have to go to court herself but you could ask the judge to speak on her behalf. Permission is not automatic
Forget what you see on TV about court, you will be in room with 3 desks. The bigger, higher, desk is the judges, the other 2 are for you and your opponent. Not at like what you see on TV |
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Thu, 25 Jul 2019 - 13:14
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#26
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Permission IS automatic in small claims. Right to Mackenzie friends and a lay rep cant be denied in small claims court
You are NOT a witness to the events, I presume |
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Thu, 9 Jan 2020 - 12:03
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#27
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
My daughter has her day in court next week, defence is based upon driver unknown due to multiple drivers, and byelaws in place so not relevent land (assume I need to take a copy of the byelaws to court?)
Appreciate any further help as she is dreading the visit, such as what will happen on the day, how long is the process, how much detail will they go into etc |
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Thu, 9 Jan 2020 - 14:05
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#28
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Erm, did the DEFENDANT comply with the court ORDER telling her to submit a witness statement and other evidence well, wWELL in advance of the court hearing? Yes or No. The ORDER was on the same letter telling you of the date of the hearing, and it told you to file and serve on all parties - court AND claimant.
You cannot just rock up with evidence on the day. Of course you cant. How would that be fair!? Have you had a coopy of the claimants Witness Statement and Bundle yet? Yes or No Youve had months and months to do this - why wait until now? This post has been edited by nosferatu1001: Thu, 9 Jan 2020 - 14:07 |
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Thu, 9 Jan 2020 - 17:27
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#29
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
QUOTE Erm, did the DEFENDANT comply with the court ORDER telling her to submit a witness statement and other evidence well, wWELL in advance of the court hearing? Yes or No. The ORDER was on the same letter telling you of the date of the hearing, and it told you to file and serve on all parties - court AND claimant. You cannot just rock up with evidence on the day. Of course you cant. How would that be fair!? Have you had a copy of the claimants Witness Statement and Bundle yet? Yes or No Youve had months and months to do this - why wait until now? Looks like I've messed up here then, the form states that each party must deliver to the court office and the other party any documents that they intend to rely on in court which i wrongly assumed was my defence document that I have already issued. Yes we have the claimants witness statement, she has rang court and spoke to a court officer who advised that if we have submitted everything we need to then not to worry about it but obviously this is not the best tactic What are my options now, Is it worth preparing a witness statement or will it be ignored at this late stage |
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Fri, 10 Jan 2020 - 08:21
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#30
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
How far over the deadline? Still not told us anything specific...
Of course it is worth submitting a WS AND associated evidence now Just get it done. She hasnt submitted everything. shes submitted nothing. I dont get why people assume "doing nothing" is the best tactic here. Youve broken a court order. Continuing to break the order, now youve discovered your mistake, isnt the best of ideas really! If they object, you can ask - as a serious quesiton - how has this disadvantaged the claimant? They already knew your defence, if they wanted to cave they could have done so already. All youre doing now is PROVING your defence. So Get it done TODAY BY 4PM To the court AND to the claimant BOTH. DO NOT forget. DO NOT DELAY FURTHER. No more queries. Get it written. There are SO many example WS AND examples of documents around you will have no trouble.. The time for hand holding is over, youve got to get this done ASap. This post has been edited by nosferatu1001: Fri, 10 Jan 2020 - 08:22 |
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Wed, 15 Jan 2020 - 08:52
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#31
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
Went to court yesterday and case was dropped and she was awarded £100+ in costs
I had submitted the witness statement late but luckily this was not questioned. The claimants representative was very unprepared, he hadn't been given my WS or Defence Very long drawn out process as we were a floating case, the VCS rep took us in a room prior to the hearing and basically agreed we had a strong case, although he said we had the option to agree to pay £125 to settle now as if we lost it would be more like £450, I politely declined. I had spotted in the VCS documentation that they had submitted a date of Nov 2015 for VCS to manage parking in the area, the alleged offence took place 6 months prior to this. He said the hearing would last no longer than 10 mins, and told us how much he hates these cases and the contempt most of the judges have for parking companies After a 4 hour wait, we were in and out within 10 mins, thanks to all the advice received, special thanks to ostell and nosferatu1001 |
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Wed, 15 Jan 2020 - 09:16
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#32
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 Member Group: Members Posts: 41,582 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (mbee123 @ Wed, 15 Jan 2020 - 08:52)  ...as if we lost it would be more like £450 No it wouldn't. Tactics right up to the hearing... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 15 Jan 2020 - 09:41
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#33
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yep, completely nuts but nothing that can be done
Well done! Hopeuflly it wasnt too harsh a response, I just wanted to get you to really focus on the essentials 
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Wed, 15 Jan 2020 - 11:06
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#34
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
QUOTE Well done! Hopeuflly it wasnt too harsh a response, I just wanted to get you to really focus on the essentials No problem, I think it was the tough love I needed to kick my arse into gear! and it was a much better to have a witness statement to follow rather than bumble on like an idiot! although I didn't get to read much of it thanks to the incompetence of VCS |
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Wed, 15 Jan 2020 - 11:36
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#35
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
A win's a win.
Well done. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Wed, 15 Jan 2020 - 13:08
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#36
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Member Group: Members Posts: 127 Joined: 17 Feb 2017 Member No.: 90,337 |
Well done...think the courts are finally starting to get fed up with the parking scammers....can only hope..
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Wed, 15 Jan 2020 - 19:37
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#37
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 Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
Middlesbrough CC is a gorgeous building.
Which Judge was it? I got DD Judge Baird and walked away with £3506.24 in costs and damages for vexatious behaviour. By the way, you have to be wary about Anchor Retail Park now. They have appointed a new management company who time you and anything over 2 hours will get you a ticket -------------------- The Asda shopping trolley parking ticket enthusiast
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Thu, 16 Jan 2020 - 16:02
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#38
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
QUOTE Middlesbrough CC is a gorgeous building. Which Judge was it? I got DD Judge Baird and walked away with £3506.24 in costs and damages for vexatious behaviour. By the way, you have to be wary about Anchor Retail Park now. They have appointed a new management company who time you and anything over 2 hours will get you a ticket Can't remember his name, youngish chap who appeared loathe parking companies! Sadly these parking companies are killing the Marina 2 Hours at Anchor Retail is enough for me.. |
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Wed, 29 Jan 2020 - 20:41
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#39
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Member Group: Members Posts: 73 Joined: 22 Apr 2005 Member No.: 2,799 |
VCS had until 4 pm today to pay my expenses, and I've received nothing.
I guess I need to contact the claim officer at Teesside court, to help suss out my next move |
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Thu, 30 Jan 2020 - 08:38
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#40
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Not really. Next move, if you wish, is to apply for a Warrant of Control from the court. Costs you a liuttle but adds to their bill.
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Lo-Fi Version | Time is now: Tuesday, 16th April 2024 - 16:07 |
