Judgment - VCS - Vehicle Control Services - have you been sued by them? You can probably get your money back

[BankFodder]

... and they may be in contempt

 

Oh dear,

 

 

JUDGE MciL WAINE: The order will be,

7 "Upon hearing the authorised representative of the c laimant and the defendant in

8 person, the court orders the following , given the fact it has become clear that the

9 claimant has no contractual right to issue proceedings and, further, has not complied

10 with the British Parking Association Code of Practice, clause 6, page 6, the

11 following:

12 ( 1) The case is struck out;

13 (2) The order of DJ Stefanson dated 3-2-12 is hereby rescinded and the claimant is

14 ordered within 14 days of today to refund the defendant, Mr Ibbotson, £42.50;

15 (3) The managing director, Simon Richard Smith, shall by four pm" (This should be Simon Renshaw Smith)

16 - I think he might want to take some legal advice and I shall give you further time to do that-

17 "by four pm on 29 June file at this court an explanation as to the manifest

18 discrepancies pleaded and unproven and show cause why he, the claimant

19 company, and the ... "

20 Hold on a minute. I have got some bad news for you. You are representing the company today,

21 are you not, and you are the litigation authority for the company?

22 MISS COATES: Yes.

23 JUDGE MciLWAINE:

24 "Upon receipt of same, the court will consider if the claimant's authorised officers

25 shall be required to answer to contempt of court.

26 ( 4) A copy of this order shall be sent by the court to the BP A within 14 days."

27 Very well. All I will say to you is this. If it is the case that you have issued proceedings ... This

28 opens another can of worms, doesn't it? If you have issued proceed ings and you have obtained

29 judgments and those judgments are flawed, you have got to setthose all aside. Not a good day at the

30 office, is it? Do you wish to say anything else?

31 MISS COATES: No.

14

oh dear oh dear

Vehicle Cntrl v Ibbotson.pdf

[Sidewinder]

First time that I have read the full transcript and haven't enjoyed reading anything so much in a long time

[DBC]

I liked the "toothbrush" threat from the judge, and the way the PPC tried to include the cost of parking attendant's uniform in the phoney parking charge.

[Sidewinder]

I liked the "toothbrush" threat from the judge, and the way the PPC tried to include the cost of parking attendant's uniform in the phoney parking charge.

 

Absolute classic. Would love to have been in court to hear that and I can imagine the very red faces after the summing up.

[BankFodder]

From the way that the judge expressed himself, I have the impression that he was pretty furious.

 

Once again our judges show that they are decent and principled.

I wonder how the parking industry will manage to cope with people who are decent and principled ? That's going to be pretty challenging.

[dpick]

Now this is the bit I like.

 

you have issued proceedings and you have obtained

judgements and those judgements are flawed, you have got to set those all aside. Not a good day at the office, is it? Do you wish to say anything else?

 

Now my question is this at a level where it is binding on other courts.

 

dpick

[BankFodder]

No it's not - but it is pretty basic law/procedure and would be unlikely to be appealed. In fact the time for appeal is expired so if you have been sued by VCS and Simon Rickshaw Smith - then go and ask for your money back + costs + removal of any CCJ + compensation for any harm caused.

[BankFodder]

Similarly, if you have been used by any parking company rather than the client, get the judgment setaside.

[GuidoT]

'If you have issued any other proceeding.... you are in serious trouble' and 'bring your toothbrush' good stuff.

 

Great to see such a robust judge in a county court.

[champo365]

Please excuse my ignorance here but what was the £42.50 charge - was that court costs?

 

Btw, that was a fantastic insight into something I've been fearing for a while - not so worried anymore though!

[Old Snowy]

Please excuse my ignorance here but what was the £42.50 charge - was that court costs?

 

Btw, that was a fantastic insight into something I've been fearing for a while - not so worried anymore though!

Correct. Court costs for the application hearing Mr Ibbotson failed to appear at.