Ticket From VCS Brookshaw Sheffield

System

Should I send a CPR 31.14 request to VCS for additional information?

Yes but reference the court's overriding objective instead and ask for the details that are missing such as details of the actual breach they are claiming and the legitimate interest they claim to protect.

Reference it in your defence and ask that the Claimant be sanctioned if they do not reply in a reasonable time frame (reasonable will be the time between now and the Directions Questionnaire)

You will then be inviting the court at the DQ stage to stop the Claimant wasting the court's time. The vague particulars restrict the defendant's ability to participate in the court process as well as loading the court and court users with costs they need not incur.

RichieBoy56

Here is my proposed letter to VCS for additional information:

Dear Sir or Madam,

Re: (Claimant's name) v (myr name) Case No:

On (date) I received the claim form in this case issued by you out of the (Name) county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

As your particulars of claim are lacking in detail I hereby request the following information in order to consider my defence:

1. How you intend to transfer liability from the driver to the registered keeper.
2. A copy of the signage present on the day of the alleged parking contravention.
3. A copy of the car park plan indicating the location and size of all signs on the day of the alleged parking contravention.
4. Details of any changes to signs (additional or repositioned) since the alleged parking contravention date.
5. A copy of the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.
6. Proof of planning permission granted for the use of the land for car parking and signage etc under the Town and Country Planning Act 2007.
7. Copies of the notice to driver, notice to keeper and any other correspondence from VCS to the defendant that you intend to rely upon in court.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

Yours faithfully

Is there anything else I should add?

System

How about asking them to detail what the actual breach of contract was. Ask what was the legitimate interest they claim they are protecting that allows them to suspend the penalty rule.

You are only asking for paper there not actual Particulars so you'd be no further ahead if they sent them in response. It's not up to you to guess, it is for them to make clear the basis of their claim so you can defend. Anything else wastes valuable court time and is a burden to the court system and other court users.

Courts are not some endless supply of judges with time to tease out of the claimant what their purpose is. Get them to get the facts out or get out of court.

Umkomaas

As your particulars of claim are lacking in detail I hereby request the following information in order to consider my defence:

'require' is far more to the point and businesslike. Keep polite 'requests' for those with whom you are looking to be more friendly.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

My view (others may differ) is that this again is too polite - in fact it suggests a low expectation from you which gives them the excuse not to engage. I'd prefer:

'I require your response to arrive with me within 14 days of the date of this letter.'

Is there anything else I should add?

Have a look at a similar list by Daniel san, which is quite comprehensive and see whether there is anything from that to help.

https://forums.moneysavingexpert.com/showpost.php?p=73208118&postcount=290

RichieBoy56

Not sure what is meant by this
'Ask what was the legitimate interest they claim they are protecting that allows them to suspend the penalty rule.'

System

Not sure what is meant by this
'Ask what was the legitimate interest they claim they are protecting that allows them to suspend the penalty rule.'

You might not but they and a court will. It is the whole basis of the ParkingEye v Beavis case.

You are simply asking for clarification in line with the whole basis of how they operate.

RichieBoy56

I appreciate your help IamEmanresu but I prefer to understand any statement that I put in correspondence. Can you explain in layman's terms please?

System

Can you explain in layman's terms please?

Before Beavis you could only claim for your "loss". After Beavis you could claim £85 to £100 if there was a legitimate reason for it. If there was no legitimate reason then it defaults to loss which is a few £ - if that.

You need them to explain or show or else it drops to a few £ and the case fails / they drop it.

Coupon-mad

IamEmanresu also posted this 2 days ago:

https://forums.moneysavingexpert.com/discussion/comment/74475970#Comment_74475970

RichieBoy56

Thanks again IamEmanresu and Coupon-mad.
My heads been spinning trying to understand this but I think the penny has dropped.
So VCS have to show that they have an interest to protect (interest in the site) and as they are not the landowner then they haven't.
Having established no interest then a charge of £85 (or £100 or whatever) cannot be levied.
Have I got that right?