Vehicle Control Services - HM Courts and Tribunal Service Claim Form received...

Wrapper

The driver of my wife's car catches the train in to work every day. The station provides free parking.

Earlier this year (January) they decided to expand the parking but took up some spaces (1/3rd of the car park) with diggers etc so there were less spaces available. They also bought Vehicle Control Services in to issue tickets.

The driver of her car gets to the station late because of the school run and had no where to park as there were no spaces available due to the company taking up some of the spaces with machinery.

The driver was able to park fully on a curb, out of the way, not obstructing anyone. But still received £600 in "fines".

The driver googled this company and simply ignored the letters due to discovering they seemed to be scam company.

This morning we have received a Claim Form from the HM Courts and Tribunal Service trying to claim £740 (£600 fines, £70 court fees and £70 legal fees).

What is the best thing to do? Shall I pay the fines?

Really !!!!ed off about this... the decide to take up a third of the available spaces AND then introduce a parking company? Sounds like a scam to me.

peter_the_piper

Phone the courts to confirm genuine.

Wrapper

Why wouldn't it be genuine? It has a stamp etc

Umkomaas

Was this a single parking event, or multiple events over a number of days?

Wrapper

Multiple over multiple days. They're saying £600 over 6 days, so £100 per day.

The car didn't block anyone or obstruct anything or anyone. The driver took photos every day where they parked incase too.

Wrapper

Just spoken to the court - it's a genuine claim.

The woman said it was on her system.

bazster

Before doing anything else edit your posts above to remove all references to who was driving. Refer only to "the driver", say nothing identifiable.

Secondly, who is the car registered to and who is named on the claim form? You, your wife or someone else? Do not tell us which of these people was the driver!

Thirdly, check the car park a.s.a.p. for any signs indicating whether it is subject to the railway byelaws, and get back to us on that a.s.a.p.

The reason for all this is that, if the land is subject to the railway byelaws, it is not subject to Schedule 4 of the Protection of Freedoms Act 2012. This means that VCS can only hold the driver of the vehicle liable, not the keeper. And, of course, they don't know who the driver was so don't give them any clues.

And immediately log on to the Money Claim Online website, choose the option that states you will be defending the claim in full, and tick the box requesting extra time to prepare your defence.

Wrapper

bazster wrote: »

Before doing anything else edit your posts above to remove all references to who was driving. Refer only to "the driver", say nothing identifiable.

Done

Secondly, who is the car registered to and who is named on the claim form? You, your wife or someone else? Do not tell us which of these people was the driver!

The car is reigistered to my wife

Thirdly, check the car park a.s.a.p. for any signs indicating whether it is subject to the railway byelaws, and get back to us on that a.s.a.p.

What would I be looking for? They have the standard VCS boards up, thats about it

The reason for all this is that, if the land is subject to the railway byelaws, it is not subject to Schedule 4 of the Protection of Freedoms Act 2012. This means that VCS can only hold the driver of the vehicle liable, not the keeper. And, of course, they don't know who the driver was so don't give them any clues.

The document states "At all material times, the defendant was the registered keeper and/or driver of the vehicle registered..."

And immediately log on to the Money Claim Online website, choose the option that states you will be defending the claim in full, and tick the box requesting extra time to prepare your defence.

Thank you

Umkomaas

If the court papers are stamped (seal) and originate from Northampton County Court bulk handling centre you should work on the basis that these are genuine AND MUST NOT BE IGNORED.

You need to acknowledge service which will give you 14 extra days (on top of the standard 14 days) to prepare your initial defence. VCS do occasionally go through with court cases - especially where the potential gain to them is significant.

Read post #5 of the NEWBIES FAQ sticky near the top of the forum thread list, one page back from here.

You might want to post this also on PePiPoo where there are a number of regular posters who have lots of experience of handling small court cases. Here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

You might also want to look at the appeals service offered via the Parking Cowboys website. They will help develop a defence for £18 - but won't represent you for that price. Have a read here to see if you might find their service of interest (I have no connection with the service). Link is here:

http://www.parkingcowboys.co.uk

Purchase The Parking Prankster's e-book from Amazon 'Defending ParkingEye Claims' (PE is a different operator, but you will benefit from reading the general defence points you'll need at the small claims court).

http://www.amazon.co.uk/Parking-Prankster-Guide-Defending-ParkingEye-ebook/dp/B00HSITXYG/ref=sr_1_1?ie=UTF8&qid=1441469472&sr=8-1&keywords=parking+prankster+guide

Other helpful reading:

http://www.parking-prankster.com/case-law.html

HTH

Wrapper

Umkomaas wrote: »

If the court papers are stamped (seal) and originate from Northampton County Court bulk handling centre you should work on the basis that these are genuine AND MUST NOT BE IGNORED.

No it's from Sheffield County Court, if this makes a difference?

You need to acknowledge service which will give you 14 extra days (on top of the standard 14 days) to prepare your initial defence. VCS do occasionally go through with court cases - especially where the potential gain to them is significant.

Do I do this online?

Read post #5 of the NEWBIES FAQ sticky near the top of the forum thread list, one page back from here.

You might want to post this also on PePiPoo where there are a number of regular posters have lots of experience of handling small court cases. Here's your link:


You might also want to look at the appeals service offered via the Parking Cowboys website. They will help develop a defence for £18 - but won't represent you for that price. Have a read here to see if you might find their service of interest (I have no connection with the service). Link is here:

Purchase The Parking Prankster's e-book from Amazon 'Defending ParkingEye Claims' (PE is a different operator, but you will benefit from reading the general defence points you'll need at the small claims court).


HTH

Thank you

bod1467

Instructions on how to acknowledge should be on the court papers.