The judge said that he will only go on what he thinks is fair and right.  They won every one of their arguments it was as though the judge wanted them to win.  Hardly got a chance to speak. The judge is a deputy, meaning not necessarily legally trained,  just had to sit with magistrate's for at least 5 years.  

He went on about consumer rights for ages and said I had no proof I was working. Then he said if I was working there then he can't use the fairness of consumer rights.  

Can't believe the bloke thought 100 quid was reasonable and that on the darkest shortest day of the year said it wasn't dark enough. Apparently if you see there is a sign you have to assume that the small writing you can't see or read means business.

How do I appeal?

That's what i thought.  I will get revenge some point.  

The judge was horrible. Their solicitor even asked if I was OK and said not to charge the extra solicitor costs

Yep.  270 quid!! Oh well

He was actually a ddj so only learning apparently,  but pompous and made me feel like in headmasters office when i was 10. Really horrible 

Update:

Lost

The Judge said

• They have locus standi because contract is ok because it is actually a license and been in force since july 2018 and not challemged. so they mau only occupy a possessory tiltle but the license gives them locus standi
• Not necessary for claimants toprove they entered into a contract beacuse it a license
• Plenty of signs and despite it beinf the shortest day of the year and dark, it was not dark enough. I saw there was signs and should have made an attmept to read the small print so therefore signs are clear
• Should have parked away from property and walked despite it being unfair and dark and carrying a ladder
• OK for someone to give me a ticket during lockdown when shouldnt have been working because contract still existsed during lock down
• Property owner does not have supremacy of cotract since a new contract was signed between the managing agents and vcs
• NO breaches of codes of practice because it was a license
• Schedule 4 para 9 of PoFA has changed and must now be served within 14 days
• £100 is reasonable and not double recovery
• No keeper liability now irreleveant 
• CRA2015 does not apply because i was working there in my role
• Things maybe unfair or appear unfair but he finds them fair ( judges exact words)

He ignored my unfair terms of how i could expect to know that i needed to get a permit in advance, of how the witness statement never addressed this etc. He said that my employers should have found a way to find out, i said that it was an emergency appt and i had driven from lincoln to sheffield that afternoon.

So i lost my rag after that when he asked me how i wanted  to pay , I asked if they wanted blood and whether i should pay the mortgage or feed the kids. 

On a plus note he waived the interest of £11.82

We have also decided now that we will not take any work at flats that have residential parking ( emergency or not) and incorporate this into our bookings unless a valid parking permit is provided in advance.

Thanks everyone for your help though, i was looking forward to it this morning and felt very confident. But its just one of those days

So.... judge gone into consideration.  They've torn me to pieces. Was going down the consumer credit act but now not as I am trade.  But then says supremacy of contract is irrelevant because a leaseholder doesn't own the parking space.  They've hammered me on s43 companies act.  They say pcn even though issued incorrectly is irrelevant because I admitted I was owner. The excel pcnn is another issue for another day! They've rebuffed all past persuasive cases . The only thing the judge listened to from me was that the privacy notice was left by an employee during lockdown and they are not essential.  I'm expecting the original 100 pound fine.  

He said the only way he would strike it out is if it is unfair. And he says he has no legal reason to see why it is unfair.  

What planet are these people on? 

Quick query. I think I was supposed to be contacted by midday today with a link for tomorrow hearing if case going ahead.   But heard nothing.  I've sent the court an email.  Any ideas?

I'm all ready for them thanks to everyone here.  Will I hear the outcome on the day?

video hearing, im surpised they went all the way on this. 

Court on Wednesday at 12.00pm. Bring it on!

Well they finally answered. The fee has been paid and the case going ahead. A little worried

thanks, i'll keep trying.

If it does still go to court will they send me the link to log in adnd the time etc. Im really worriein case i miss it

Just checking in. Ive not heard from the court or VCS and the case is supposed to be heard on 24t november by video link. There is no update on MCOL and the court dont answer the phone.

VCS had until 27th Oct to pay the fee, how will i know if we are still going to court. There was nothing about a time etc and as said nothing on the MCOL site.

Thanks

23 hours ago, FTMDave said:

You don't need to do a supplementary WS.  As written above, what Ambreen has sent is utter tripe and does nothing to help VCS, in fact it hinders their case.  So good!

 

I'm bemused however as to how you couldn't find their August letter.  This is on top of the Excel PCN going missing, which if kept would probably have avoided the whole court case.  You're in a serious legal dispute and this disappearance of correspondence needs to stop.

Totally agree, not sure as i have everything else in a folder but only a redacted copy but now i have got a new copy from VCS

Thanks , no idea where she got that email address from

Is there anything I can do about her emailing a work email address? It is our joint work email address to. Everyone in the office has access to this email. 

How do I add things as a supplementary ws.  I now have a copy of the original letter from aug where they were asking for paying off and saying if I didn't they would be extra costs. I sent in a redacted copy because it was all in could find.  

Fuming that she sent an email to work.  Not even addressed to me!!!

HI

today i have received a supplementary witness statement 

However, it was sent to my work email address. I have no idea how they got that email

I will post it up

here is their supplemental WS

Supp WS.pdf from VCS.pdf redacted.pdf

Thanks LFI, no worries

Thanks, sorry for late reply, i had a nightmare few days!!!

Thanks FTMDave

Ive attached our WS

So i send a copy of my WS  to VCS and the court? Or I send their WS to court and my WS to Court

WITNESS STATEMENT Emma Oct 21 Redacted.pdf

I got the info back from DVLA today, shows that VCS accessed my details in December and not Excel. Could have sworn blind it was a letter from Excel

Do i print and post a copy of WS to the court, VCS have no solicitor acting for them

Thanks

quick question, how do i send in my witness statement

Oh  I see. Ftmd. I understand what you're saying . I'm on it. 

Shall I include about clearway?

thank you for above but sadly i have no idea what that means, even after googling it

FTMDave, thanks , ive just about got it cracked however this confuses me

(Quote the persuasive cases BN posted about in post 164. Include the pages from the Parking Prankster's blog as exhibits)

I have no proof that excel sent the first ticket, and im confused about the parking pranksters blog

Thanks

Thank you so much, looking now

Thank you so much for your help.  I'm taking time out on Saturday to look at it. End of month work rush!!