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Vehicle Control Services, County Court Claim Form issued 18 April
flabbergasted
post Wed, 9 May 2018 - 21:52
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Hi All,

We received an ANPR Parking Charge Notice in the post back in July last year. It was showing the time of car entering and leaving carpark, 20 minutes without displaying a ticket. At the time we couldn't even work out what carpark it was, as in their correspondence it reads: Albert Street Birmingham B5 5JH. The postcode is showing the address to be Park Street, not Albert Street. So we ignored their letters. Unfortunately, only kept the Letter Before Claim and all the subsequent ones: County Court Claim form (which was aknowledged in the 14 days) and Detailed Particulars. In Detailed Particulars there are no pictures nor real details of the alleged contravention, except for:
"The Defendant s been issued with a CN for failure to adhere to the advertised T&C s at a development(s) known as Albert Street B5 5JH on June 3 2017. The offer advertised by way of the T&Cs was accepted by conduct." etc signed by Jake Burgess

So, it's now down to writing a defence and prepare for the courts. As June 3rd was Saturday, the driver was only there looking to park and left without parking.
Any suggestions on what to focus on in the defence, much appreciated.
To add, County Court Claim Form was issued 18th April 2018.

Thank you all

This post has been edited by flabbergasted: Wed, 9 May 2018 - 22:52
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post Wed, 9 May 2018 - 21:52
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ManxRed
post Tue, 18 Sep 2018 - 16:40
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Well done.

I would have thought Wrong Claimant ought to have done it, but a win's a win.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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kommando
post Tue, 18 Sep 2018 - 17:29
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Well done playing Judge lottery and winning.
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Umkomaas
post Tue, 18 Sep 2018 - 17:37
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QUOTE (flabbergasted @ Tue, 18 Sep 2018 - 17:10) *
Hi, friends

Court hearing out the way at last.
We (and that includes all of you)

W O N ! smile.gif

"Not the driver" sealed the deal😎

Any chance of a more detailed report on what happened on the day? Would really help others who will follow a similar path in the weeks and months to come.

Very well done on your win.

This post has been edited by Umkomaas: Tue, 18 Sep 2018 - 17:38
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nosferatu1001
post Wed, 19 Sep 2018 - 08:41
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Congrats!
Did you get your costs as well?
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flabbergasted
post Thu, 20 Sep 2018 - 22:36
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Hi,

It was my daughter that had to face the courts. Quite proud of her.
She is sharing with you her experience:

I went into the court room and took a seat and was then introduced to the representative there to defend Vehicle Controls Services LTD. The judge begins only by questioning the claimant and explains to me, if needed, he will ask me to speak. Initially the claimant begins to explain that I was parked for 20 minutes when only 10 minutes is allowed until to purchase the required parking tariff. He then explains that this is shown on the sign as you go into the car park as well as the one by the machines inside the carpark. The judge said the sign at the entrance of car park was not clear enough and that you could only fully understand the terms and conditions by inspecting the sign inside by the ticket machines. He also said (as pointed out in our WS) it was confusing because the first sign says Excel Parking Services Ltd, so who is the contract actually with; the claimant then said that they are sister companies. The judge then asked the claimant if he had read my witness statement, which he then replied no, so I then gave him my copy to read quickly before returning it to me.(we only had 3 pages).

They went back to discussing the terms and conditions on the board, and the judge went back to saying that in the witness statement she claims she was never parked, instead looking for a space, so if she was never parked why should she buy a ticket, what about if someone is dropping someone off to the train station, are they also not allowed?

The claimant again went back to the fact that I had spent 20 minutes in there, which he said was proven by the automatic number plate recognition system at the entrance and exit.

The main point the judge then made was, because of the protection of freedom act 2012, they did not send me the notice in time (which was one of the points of our WS). The claimant then said that they had sent me letters but I did not respond.

I then gave evidence in defence. I began by saying, in the terms and conditions in the documents you have shown me, it says that the car park is monitored by cameras at entrance and exit and a parking officer on foot. The camera at the entrance and exit only shows the car going in and out, do you have any evidence from a parking officer showing that the car was parked? He said no. At that point, there was no proof of the car being parked and I said I did not understand, is this a question of trespassing on private land or of not paying for being parked somewhere? I couldn’t really understand the response.

In regard to the letters they sent me, I said I didn’t get back from xxx until September, by then I opened the letters and then chose to ignore them as I was not even the driver.

The judge then said, in the WS, she said she was not the driver and was only describing what the driver had told her.

At this point the judge then said the defendant is saying she is not the driver, the claimant then didn’t have anything else to say. The judge then said I won and VCS were told to pay for my travel expenses. The judge also thanked me for the WS and that it really helped him.

Outside of the court, the representative said well done to me. I then had an off the record chat with him and said to him that I thought the WS VCS provided was generic, copied and pasted. Because it just kept emphasising that the car was parked and I had not paid, although my whole defence was that the car was never parked. He said, yes, it is just copied and pasted. And he said next time, just respond to the letters and tell them that you weren’t the driver and you will save yourself all this hassle.

We hope our experience will help others in similar.predicament.

Thank you to all of you for your time, patience and continuous support.
Much love.

This post has been edited by flabbergasted: Thu, 20 Sep 2018 - 22:42
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Eljayjay
post Thu, 20 Sep 2018 - 23:41
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Well done, her!
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Umkomaas
post Fri, 21 Sep 2018 - 06:51
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QUOTE
And he said next time, just respond to the letters and tell them that you weren’t the driver and you will save yourself all this hassle.

Yeah, right! cool.gif

Nice report by the way @flabbergasted (Junior), and a great win. Thanks for taking the trouble to update the forum.

This post has been edited by Umkomaas: Fri, 21 Sep 2018 - 06:53
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Redivi
post Fri, 21 Sep 2018 - 07:01
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He also said (as pointed out in our WS) it was confusing because the first sign says Excel Parking Services Ltd, so who is the contract actually with; the claimant then said that they are sister companies.

The judge should have nailed him firmly with that

Defences and witness statements need to head this off by saying that although the companies are members are the same group, they are separate legal entities and a contract with one cannot amount to a contract with the other

At the very least it would force VCS to argue that the Contracts (Rights of Third Parties) Act 1999 should apply

Full marks to her and great report

This post has been edited by Redivi: Fri, 21 Sep 2018 - 07:06
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SchoolRunMum
post Fri, 21 Sep 2018 - 08:54
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Well done to your daughter, yay!
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flabbergasted
post Fri, 21 Sep 2018 - 10:01
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Thx everyone cool.gif
This whole process has been a test of patience and determination, your help along the way has helped us stay on course
and is greatly appreciated.

This post has been edited by flabbergasted: Sat, 22 Sep 2018 - 23:00
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DancingDad
post Sun, 23 Sep 2018 - 10:32
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QUOTE (Redivi @ Fri, 21 Sep 2018 - 08:01) *
He also said (as pointed out in our WS) it was confusing because the first sign says Excel Parking Services Ltd, so who is the contract actually with; the claimant then said that they are sister companies.

The judge should have nailed him firmly with that

Defences and witness statements need to head this off by saying that although the companies are members are the same group, they are separate legal entities and a contract with one cannot amount to a contract with the other

At the very least it would force VCS to argue that the Contracts (Rights of Third Parties) Act 1999 should apply

Full marks to her and great report


May not apply in future for this car park.
Month ago it was closed, whether will re-open no idea but if it does, likely to be new signage.
Will need checking.

Second the comment on report and full marks to daughter, you got a good one there.
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flabbergasted
post Mon, 24 Sep 2018 - 08:08
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Thx, Dancing cool.gif Dad
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nosferatu1001
post Mon, 24 Sep 2018 - 08:58
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Absolutely full marks there smile.gif

Can you add this to COMPLETED CASES - new thread, and a link to this one? smile.gif
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flabbergasted
post Thu, 11 Oct 2018 - 14:17
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QUOTE (nosferatu1001 @ Mon, 24 Sep 2018 - 08:58) *
Absolutely full marks there smile.gif

Can you add this to COMPLETED CASES - new thread, and a link to this one? smile.gif


Gladly, if I could find the Completed Cases page? I'm using mobile phone.
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kommando
post Thu, 11 Oct 2018 - 16:47
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Direct link to Completed cases.

http://forums.pepipoo.com/index.php?showforum=17
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