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Tuesday 14 March 2017

Court report - new lay representative trashes VCS. Cannot read signs in dark

C7DP3H5T – VCS v Mr. O’C, 14/03/2017

Claimant represented by Miss Rehman (Elms Legal)
Defendant represented by Ian Lamoureux

Guest report

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.

Happy Parking

The Parking Prankster

4 comments:

  1. Lamilad, the new thorn in the VCS - Excel butts. A great opening win Lamilo :o)

    Did Madam Rehman have RoA?

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    Replies
    1. Rehman, Miss N

      Practitioner Details: Name Miss N Rehman FCILEx

      Practising RightsChartered Legal Executive(Date authorised: 03/11/2015)
      SpecialisationCivil litigation - Personal injury

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    2. Rehman had no RoA according to cilex website.

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  2. Yet another "triumph" for Elms Legal. As they are based here in Newark I was thinking of nominating them for "company of the year" in a competition run by our local paper.

    ReplyDelete