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  • FIRST POST
    • AB Express
    • By AB Express 27th Sep 14, 2:33 PM
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    AB Express
    VCS PCN - Help Needed
    • #1
    • 27th Sep 14, 2:33 PM
    VCS PCN - Help Needed 27th Sep 14 at 2:33 PM
    Hi All, need some advice regarding a PCN from VCS. I have read through the sticky for the newbies and would like help with my situation.

    The PCN was issued for 'stopping on a roadway where stopping is prohibited'. The piece of 'road' where the car had stopped on was pretty much a dirt track that is not much longer than a car that leads to wasteland. The car was pulled over to check an oil leak and the photos on the PCN show the driver bent over looking under the car.

    I have ignored the letters. So far I have had 2 from VCS and have received 2 from DRP (second received today).

    I would just like to know what my options are. Any advice will be much appreciated.

    Thanks
    Last edited by AB Express; 15-11-2016 at 8:02 PM.
Page 8
    • AB Express
    • By AB Express 22nd Aug 17, 5:41 PM
    • 80 Posts
    • 60 Thanks
    AB Express
    Along with the Draft Order in post #139, I will be sending off the below WS and N244 tomorrow.

    Is it good to go?

    Do I email BW and VCS to tell them I am applying for a set aside? I am just concerned in that in the last letter from BW informing me of the CCJ they say that if they have not heard from me by Thursday they will enforce the CCJ. This is about 2 weeks before the actual deadline I have to pay in full.

    Thanks in advance


    I am XXXX XXXX and I am the Defendant in this matter.

    This Witness Statement is in support of my application dated XX to:
    · Set aside the Default Judgement dated XX as it was not properly served at my current address;
    · Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
    · Order for the original claim to be dismissed.


    1. Default Judgement
    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on XX. I am aware that the Claimant is Vehicle Control Services Limited, represented by BW Legal and that the claim is in respect of an unpaid Parking Charge Notice from the XX at the International Business Park, Liverpool.

    1.2. The claim form was not served at my current address and I thus was not aware of the Default Judgement until XX. I understand that this Claim was served at, XXX. However, I moved to a new address at, XX on the XX. In support of this I can provide a scanned copy of a solicitor’s completion statement showing the date of completion and confirmation from XXXX XXXX Borough Council showing my updated details for the purposes of paying Council tax. Both are attached at Exhibit X.

    1.3 I also paid the Post Office to redirect my mail for 3 months, from XX to XX. Confirmation email attached at Exhibit X.

    1.4. Please see Exhibit X, a copy of my poll card for the most recent General Election, dated 8th June 2017 proving I was on the Electoral Register for my new address.

    1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

    1.6. I also believe it unreasonable of The Claimant to proceed with this claim in 2017 when the original DVLA request took place in June 2014.

    1.7. Having already successfully defended Claim No XXXXX against The Claimant on 9th December 2016 for a PCN issued at the same location, I believe that the lack of any response to pre-action correspondence must have at least suggested to them the possibility that I had moved.

    1.8. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

    1.9. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

    2.0. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to stay the Judgment to avoid it being recorded against me. I also kindly ask the Court to consider the reimbursement of the fee of £255 from the claimant should this request be successful.



    2. Order dismissing the Claim

    2.1 Again, I refer to Claim No. XXXXXX, XXXX vs. XXXX, date XXXX. This was successfully defended by myself, both Parking Charge Notices issued for a vehicle stopped at the same location, in almost the identical spot. The same circumstances in which Claim No. XXXX was won will apply in this case. I believe this would give a definite chance to successfully defend again should I be required to do so.

    2.2. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

    2.3. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

    2.4. The Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

    2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
    2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
    2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
    2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
    2.5.4. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to [name of claimant].

    2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
    • nosferatu1001
    • By nosferatu1001 22nd Aug 17, 8:04 PM
    • 823 Posts
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    nosferatu1001
    Redx- claimant and defendant are as per the original claim. The draft order is correct.

    Yes you tell BW about the set aside. Say any attempt to enforce wil be their wasted costs to bear.
    • AB Express
    • By AB Express 22nd Aug 17, 10:15 PM
    • 80 Posts
    • 60 Thanks
    AB Express
    In my email to BW, should I inform them of my new address? Also should I mention the case I won?
    • Coupon-mad
    • By Coupon-mad 23rd Aug 17, 12:08 AM
    • 51,470 Posts
    • 65,059 Thanks
    Coupon-mad
    Yes and yes, rub it in, make it clear you will win this.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • AB Express
    • By AB Express 23rd Aug 17, 8:27 AM
    • 80 Posts
    • 60 Thanks
    AB Express
    Quick question, is there anywhere I can ask that the hearing is at a local court?
    • Umkomaas
    • By Umkomaas 23rd Aug 17, 9:06 AM
    • 15,432 Posts
    • 24,135 Thanks
    Umkomaas
    Quick question, is there anywhere I can ask that the hearing is at a local court?
    Originally posted by AB Express
    When you get the DQ.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • nosferatu1001
    • By nosferatu1001 23rd Aug 17, 11:05 AM
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    nosferatu1001
    As ever, that information is in the Newbies thread.
    Your set aside hearing should be local to you
    • AB Express
    • By AB Express 23rd Aug 17, 12:12 PM
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    • 60 Thanks
    AB Express
    Pack posted and email sent, wait and see what happens.


    Thanks again for all the help.
    • AB Express
    • By AB Express 29th Aug 17, 1:35 PM
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    AB Express
    Letter received from Northampton, case transferred to a local court.
    • AB Express
    • By AB Express 8th Sep 17, 5:46 PM
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    AB Express
    Got my hearing date, unfortunately I'm away on holiday.
    • Umkomaas
    • By Umkomaas 8th Sep 17, 6:35 PM
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    • 24,135 Thanks
    Umkomaas
    Got my hearing date, unfortunately I'm away on holiday.
    Originally posted by AB Express
    You'd better phone the court and try to get the date changed. Did you not indicate the dates you were not available (including your holiday dates) for the hearing in your returned DQ?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • AB Express
    • By AB Express 8th Sep 17, 6:52 PM
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    AB Express
    Wasn't a DQ, was an N244. Wasn't anywhere to put holidays on it that I could see.
    • AB Express
    • By AB Express 11th Oct 17, 8:45 PM
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    • 60 Thanks
    AB Express
    New date through after I return from my holiday.

    At this hearing for my set aside, am I just going through the WS I have already submitted?
    • Johnersh
    • By Johnersh 11th Oct 17, 10:29 PM
    • 645 Posts
    • 1,217 Thanks
    Johnersh
    Depends if it's defended. You may turn up, find a judge who's read everything and who needs you only to answer a couple of questions.

    You may have to go through it in detail.

    I recommend that you do homework on the costs points. You will need to argue to get the £255 back.

    The rules are relatively clear:

    THE RULES: CPR 6.9(3) – (6).

    “(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
    (4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

    (a) ascertains the defendant’s current address, the claim form must be served at that address; or

    (b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

    (i) an alternative place where; or

    (ii) an alternative method by which,

    service may be effected.


    Obviously with the passage of time and unanswered correspondence, the argument is that there was now reason to assume you may no longer reside there, yet no simple check was made. See para 71 of this court of appeal judgment:
    http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/20.html&query=marshall+and+rankine+and+maggs&metho d=boolean

    It follows that the claimant should always have known it was unsafe to issue the claim to that address and that there was neither good service nor entitlement to default judgment. Since the claimant should not have proceeded on the basis they have (and assuming the court agrees) you should also have the costs of the application in any event.

    That last form of wording (underlined) is important - even if the claim is remitted for a further hearing, it means you get your £255 back immediately, even if you are later unsuccessful.
    • AB Express
    • By AB Express 8th Nov 17, 1:07 PM
    • 80 Posts
    • 60 Thanks
    AB Express
    Had my hearing this morning.

    Getting the £255 back but looks like I may have to defend the original claim.

    Was in and out in 15 mins.
    • nosferatu1001
    • By nosferatu1001 8th Nov 17, 1:31 PM
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    nosferatu1001
    Good - was that decided at the hearing?

    BW have a TERRRIBLE record against forum members who keep on track all the way through. Theyve bene known to panic discontinue claims as well. So dont let a hearing worry you - this lot of incompetents are regularly beaten.
    • Umkomaas
    • By Umkomaas 8th Nov 17, 1:47 PM
    • 15,432 Posts
    • 24,135 Thanks
    Umkomaas
    Did the judge require VCS to issue a new claim or did he/she ask you to submit a defence? Were you given a deadline?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • AB Express
    • By AB Express 8th Nov 17, 1:53 PM
    • 80 Posts
    • 60 Thanks
    AB Express
    Me getting the £255 back was decided at the hearing. BW wanted to go halves.

    A new claim needs to be issued.
    • Umkomaas
    • By Umkomaas 8th Nov 17, 1:59 PM
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    • 24,135 Thanks
    Umkomaas
    I can’t see VCS having another bash. Come back if they do.

    BWL wanting to go 50:50 on the set-aside. Cheeky gits.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • AB Express
    • By AB Express 8th Nov 17, 2:15 PM
    • 80 Posts
    • 60 Thanks
    AB Express
    I think the Judge said they have 7 days to issue a new claim (and my £255) and I will have 14 days to sort my defence out.

    I was chatting to the BW rep before hand where he mentioned the 50:50 split and I said I will see what the judge says. I also told him of the case I won last year for a PCN in almost the identical location. He said he knew nothing of it despite it being mentioned in the documents he had.

    Will wait and see.
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