C7DP3H5T – VCS v Mr. O’C, 14/03/2017
Claimant represented by Miss Rehman (Elms Legal)
Defendant represented by Ian Lamoureux
This was a case picked up from the MSE forum. Mr O’C had parked behind a bar in Sheffield late one night, and didn’t spot an unlit VCS sign requiring a permit, placed on the opposite side of the entrance, and not obviously indicating which parking area it referred to. A further issue was the fact that the NtD they put on the screen, had a different registration number on it.
Bargepole prepared the Defence and Witness Statement, which was filed along with photographic evidence. Mr O’C seemed unclear and nervous about arguing his case in court, so Bargepole contacted Ian Lamoureux who had been assisted by SRM and Bargepole to win two cases against Excel in November and February, despite them trying to sneak in a last-minute print out of his Pepipoo thread which mysteriously fell into their lap. Ian had indicated that he wanted to help with other cases, and as he lives in Yorkshire, this seemed an ideal opportunity for him to step up.
As it turned out, the Judge had read the Defence and WS before the parties went in, and had concluded on BOP that the unilluminated signs in the dark could not be reasonably deemed to have been read by the Defendant, and therefore no contract was formed. Ian hardly had to say a word, it was all done and dusted inside 10 minutes. Only £5 costs awarded though, I think Mr O’C forgot to bring proof of earnings.
The Parking Prankster