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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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stevehatesbankers

VCS PCN Claimform - operator photos - no stopping Gallagher Leisure Park sc@nthorpe

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Just received a NTK from these chancers for allegedly Stopping in a Zone where stopping is prohibited.

It was near Scun thorpe Football Club.

 

I certainly didnt see any signs highlighting this.

 

I have read numerous posts on here about ignoring

 

however, I dont want any negative marks on my credit file.

 

Any guidance would be appreciated.

Edited by dx100uk
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Hi .. I have moved your post to the Private Parking Forum so that you will get better help. Keep posting here.

 

Can you answer the questions here please

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055


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And post up the ntk, suitably redacted and in pdf format, please....

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Exact location plus dates of event and date you got the demand as well please. They are most important

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For windscreen tickets (NTD) please answer the following questions.

 

1 The date of infringement? February 2018

 

2 Did you appeal to the parking company?

 

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? Just received so haven't appealed it yet. An NTK received and photo evidence provided

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) Contravention Reason 46) Stopping in a zone where stopping is prohibited

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] N/A as yet

 

5 Who is the parking company? Vehicle Control Services Limited - Site name Gallagher Leisure Park

 

For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement 17/02/2018

 

2 Date on the NTK 23/02/2018

 

3 Date received 28/02/2018

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we only needed the text so ive copied it to your post

 

can you scan the NTK please to PDF


please don't hit Quote...just type we know what we said earlier..

 

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When people ask for the exact date we want that and the time as well.

you MUST READ carefully what is asked or you will end up with problems of your own making.

 

Now start again with the letter they sent you through the post or the ticket affixed to your vehicle or give us the details so date, time, exact place, what contractual condition you allegedly breached etc, who the parking co is and whether they have put the correct loaction on their letter

Edited by honeybee13
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I didnt think you would need exact times etc.

Do these companies not trawl the forums to see who is seeking assistance

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I have looked at the site in question with Google Street view and I can see nothing so a visit to the site is in order for you to get pictures of any signage there. All I can see is a cabin at the entrance and a sign stating something about access for the emergency services. This area is at the Odeon cinema but the camera car did not go into the site as it's private land.

 

On the cabin is a small parking sign (far too small to form any contract) I also cannot see any ANPR cameras at the entrance so that is another thing for you to look for.

 

As this is VCS, they don't use PoFA to chase the keeper. They assume the driver is also the keeper and follow that blindly. If this went to court they would have a hard job saying you were the driver even though you are the keeper as anyone can drive your car if you allowed it and as long as they had their own insurance which would then give them third party cover. You don't even have to tell the judge that you were the driver.

 

Once we see pictures from the site, more advice will be given


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it doesn't matter they read here

 

infact its an advantage


please don't hit Quote...just type we know what we said earlier..

 

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then as soon as they recognise a case they are more likely to drop the matter as they know that you will cost them money.

 

We asked for somehting that is critical and have asked twice so post it up or you wont get any help that means anything.

 

It is not about parking any more, it is about contracts and they have to jump through a lot of hoops to create one that means anything so the more we know about that the easier it is to show you where they have gone wrong.

 

I didnt think you would need exact times etc.

Do these companies not trawl the forums to see who is seeking assistance

Edited by dx100uk
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They cannot force anyone to name the driver as it is a Civil not criminal matter, so their favourite cases do not and cannot apply so Elliott V Loake, and AJH Films are not applicable no matter what they claim.

 

As to Norwich Pharmacal to force the driver to be named, too expensive and useless for that purpose.


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I have managed to find the place where the alleged infringement took place. It is around the Old Farmhouse pub which is near to the rear or the Travelodge. Not easy to find. I suspect there was a camera car around. Did you park in the pub car park? That is the only place I can see any CCTV.

 

As it stands, I can remember no cases where VCS have taken court action using the no stopping rule


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As it stands, I can remember no cases where VCS have taken court action using the no stopping rule

 

They have tried it at least once. VCS v Phillip. C9DP2D6C @ Liverpool CC 07/12/2016

 

It did not end well for them :lol:


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They have tried it at least once. VCS v Phillip. C9DP2D6C @ Liverpool CC 07/12/2016

 

It did not end well for them :lol:

 

Bookmarked with thanks. I don't remember seeing that one before :-)


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Hi Silverfox, it is the road leading up to the Farmhouse pub. It wasnt in the car park

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The signs along that road are prohibitive in nature (NO STOPPING) therefore there can be no 'meetings of mind' and as such, only the landowner can sue and for trespass only which if no damage was done then a nominal £1 is all the landowner could get.

 

I don't see this getting anywhere near a courtroom.


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I would ignore everything but court papers. Let them waste their money on chasing you. IF it does get that far, it would be either Gladstones or BW Legal doing the leg work but when it comes to actual court, they get very shaky because they know that a well defined counterclaim or even a simple defence would see them off.


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Yep, if you get a letter from the solicitors it will be sensibkle to respond to that pointing out the problems with their clients claim and the fact that they know this from previous experience and you expect them to obet the SRA and court protocols and warn ther client they have no claim

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Thanks Silverfox and ericsbrother. I will ignore for now. Will keep you informed of any further correspondence

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Well surprise, surprise, the second letter has arrived increasing the fine to £100 stating it has to be paid within 14 days of issue. They have also requested the name and address of the driver of the vehicle

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they cna request it, no obligation or inference if you dotn oblige

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Fine?? Doesnt say that does it?


please don't hit Quote...just type we know what we said earlier..

 

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