VCS Court defence, hand holding rqd

Ailsaboat

To summarise, I received a parking charge notice from VCS two years ago. I have followed the procedures on here, but to no avail, now at the court stage.
I have received the claim form from Northampton and completed the acknowledgement of service, but I'm not sure how to structure the defence bit.
My defence is:
A, I wasn't the driver, I have never admitted to VCS that I was, and have never given them the name of the driver.
B, (I think this is the main defence) The car park in question is in two sections, the signs only went up a couple of days before the notice and only one section had been marked/lined. The section it was in wasn't marked/lined when the charge was issued and was only done the following week.
I have photographs showing where the car was parked wasn't lined and another showing it as it is now.

I'm not sure how to word that correctly, or in which order, and how do I show the photos.
Sorry if I'm being a bit dumb, or missed things in the other threads, I'm just nervous at getting it wrong at the official stage and losing just because I missed something.
Many thanks for your help so far.

Redx

I doubt you will get much hand holding here anymore (read my sig below) , this isnt a legal forum like legal beagles , its a parking forum (yours is wayyyyyy past that stage)

but VCS and Excel are sister companies so have a look how somebody who does know how these matters are worded wrote a holding defence and a part 18 request in an Excel thread recently

https://forums.moneysavingexpert.com/discussion/5505546

hopefully that will inspire you

ps:- and read post #1 court section of the NEWBIES thread, and parking pranksters court guide too

yotmon

What is the actual contravention on the ticket, I hope they aren't going for failing to park in a designated bay !
Was it a p&d or free car park etc.

Ailsaboat

Thanks for the replies.
The original PCN says 'parked in a restricted area' and it's a free (for so long) car park.
I also have photos of the signs which clearly state restricted areas have yellow cross hatchings, so hopefully this along with the photo showing no markings will be enough.

Redx

your evidence like photos , witness statements and full defence will go to the court and the claimant much further down the process , so check the MCOL process and timeline

the first part is a holding defence , nothing more

parkingwoes_2

Ailsaboat wrote: »

To summarise, I received a parking charge notice from VCS two years ago. I have followed the procedures on here, but to no avail, now at the court stage.
I have received the claim form from Northampton and completed the acknowledgement of service, but I'm not sure how to structure the defence bit.
My defence is:
A, I wasn't the driver, I have never admitted to VCS that I was, and have never given them the name of the driver.
B, (I think this is the main defence) The car park in question is in two sections, the signs only went up a couple of days before the notice and only one section had been marked/lined. The section it was in wasn't marked/lined when the charge was issued and was only done the following week.
I have photographs showing where the car was parked wasn't lined and another showing it as it is now.

I'm not sure how to word that correctly, or in which order, and how do I show the photos.
Sorry if I'm being a bit dumb, or missed things in the other threads, I'm just nervous at getting it wrong at the official stage and losing just because I missed something.
Many thanks for your help so far.

Good you have acknowledged the claim but need to be aware of the deadline to submit.

Not much to go on yet but..

Is this a claim brought directly by VCS themselves or another solicitor such BW Legal? Is this a claim where they are providing detailed POC within 14 days of service?

Edit - note you have posted in the interim - restricted area but
Does the claim state the alleged contravention?

Defence needs a lot more work and needs expanding as you need to cover all the points now such as:

Locus - landowner permission / chain of authority to VCS.

If you are the keeper and not the driver, you need to include that VCS do not comply with POFA to invoke keeper liability.

Do not worry about submitting the photos at this stage as this will come later in the process

Ailsaboat

On the court claim form, it lists the claimant as VCS, but lists the address for documents/payments as BW legal, it's also signed as BW legal.
I'm not sure what a detailed POC is, or where it would say?
In the particulars of claim section it doesn't say parking in a restricted area, it just says monies due from the defendant to the claimant in respect of a PCN, then list the time and date and that the PCN relates to 'reg no.'