VCS Ltd - 20 mins over 2 hour free parking

[Neal267]

Hi.

I have to write my witness statement for a County Court Small Claims case for an Excess parking charge for 20 mins over the 2 hours free.

I have never had any communication from VCS Ltd prior to the court documents.

VCS are pursuing through ANPR and POFA but accourding to the BPA Approved Operators list they aren't covered for ANPR or Debt Recovery.

I am planning on using this as my defence but I'm looking for any advice on this please

[des8]

VCS were at one time BPA members but moved to IPC,

I am a bit confused as you state you are about to write your witness statement, but also that you are planning your defence.
How far through the court process are you?

[Neal267]

Thanks for your reply - I have to submit my witness statement by the 23rd July - I think of it as my defence hence using the wrong phrase.

VCS are still showing on the BPA website - https://www.britishparking.co.uk/BPA-Approved-Operators

Any assistance would be greatly appreciated as you seem to have a great lot of knowledge in this area

[des8]

VCS website shows them as IPC members ... BPA website needs updating!

Your witness statement (WS) is just an account, generally chronological, of what you know.
It is not permitted to add legal argument, or new points of defence, within your WS

If you want to post up your draft WS, we can check it for you.
In that case photos of the PCN, signage, claim form and your defence will be helpful

[Neal267]

BPA site is up to date it’s showing as July 2025 and I’ve been checking it over the last couple of months.

The only defence I put in was that I didn’t know what the claim was for given I’d had anything from VCS or DBCL

[des8]

So you hadn't received a PCN from VCS, or any chasing letters.
There had been no letters from DCBLtd (debt collectors)?
Nothing from DCBLegal Ltd (solicitors), (e.g. no letter of Claim?) until you received the court claim?

Was your vehicle in Gateshead at the time of the alleged incident?
When you received the claim did you request full disclosure of the documentation they are relying on, from DCBLegal?
Did you send a subject access request to VCS to find out what information they hold about you?

[Neal267]

No nothing from any of them - yes parked in the car park at the time although signage only refers to one of the outlets and there was nothing on the bay I parked in.

Haven’t requested anything from them apart from one email after the court claim which was to issue their document - took part in the mediation session the court setup

[des8]

OK, then suggest you write your witness statement and post it up here.

We can then tweak it for you, and try and get in the legalities and hope you have an understanding judge

[Neal267]

Ok what should I focus the witness statement around the lack of any communication etc

[des8]

Your WS is a chronological account of the story starting with parking incident and going through to receipt of claim.
You can't concentrate on not having received any paperwork, mention it but you can't witness something that hasn't happened.

Just have a go at writing your WS

[Neal267]

Can I include things like they aren’t approved for ANPR and Debt Recovery with the BPA in it?

[Neal267]

Can I include things like they aren’t approved for ANPR and Debt Recovery with the BPA in it?

[Neal267]

Can I include things like they aren’t approved for ANPR and Debt Recovery with the BPA in it?

[des8]

Can I include things like they aren’t approved for ANPR and Debt Recovery with the BPA in it?

Not worthwhile even mentioning it as they will show they are members of IPC, and in any case they only need land owner's authority to use ANPR cameras on land they manage
on behalf of the landowner (hence the reason for normally requesting sight of contract between land owner and parking company immediately a court claim is received, but too late now)

[Neal267]

But they need that for the Protection of Freedoms act don’t they as they’ve used that to collect my information