Parking Charge Notice - myparkingcharge.co.uk

Redx

as above, there is no way that people will get my personal information just because they request it, leave it blank as mentioned above

none of their business , so MYOB comes to mind

name , address and bw legal ref or pcn ref is all that is needed

Plantlover66

Thanks for getting back to me Redx & Coupon-mad. Those were my exact thoughts...I began to fill the form out and got slightly worried when they'd asked for my NI number. I already made the mistake of providing them with certain details when I appealed so really not trying to get stung again. Very glad I haven' sent it off yet!

I'll be sending the details back today (not including my NI number) and will be sure to let you know how I get on!

Plantlover66

Good morning!! I wanted to check in and give you guys an update and to get your advice on how I should continue.

Okay so since my last post I handed the case over to my local MP to deal with. BW Legal wrote me a letter to advise that the account had been put on hold whilst the investigation took place. I finally received another letter from the house of commons on Saturday (8th September) advising that they were unsuccessful in getting the PCN cancelled and they attached the response they had received from BW legal along with 4 or 5 images of my car in the parking space where it was ticketed.

I was not in the slightest happy about the response BW Legal gave as they had the cheek to say that the letter I had sent was offensive and they stated they do not appreciate their 'staff being abused'...I'm happy to scan all of their response in this evening and upload if required. They also stated that they're happy to put a payment plan in place.

Would you continue to fight this? My gut feeling is to fight it due to the principal of the whole matter. Yes I may have been parked in what they believe is a private parking area, but I paid my money to park in that car park. I honestly don't believe I should have to pay, however, family and friends keep advising I should just give up and set up a minimum payment plan for monthly payments.

Look forward to hearing what you guys think!

Plantlover66

Anyone able to assist or advise what my next steps would be?

Quentin

Assuming you already replied to the "letter of claim" you mention above then you now have two options:


Wait and see if a claim is forthcoming


Or pay them


No-one here would advise you pay them!

Plantlover66

HI Guys,

So after a few months of not hearing anything, I've returned home today to find a LBC from ELMS Legal. They've given me until 07/10/2019 to make payment of £160. Around this time last year I also received a letter of claim from BW Legal. You can see how this went by checking my previous posts. A year later and it looks like they've now passed the debt to ELMS legal.

I haven't received any forms but I assume this is a real LBC by the deadline date that they've given me. I replied to BW Legal this time last year and they replied accusing me of "abusing their staff" after sending a letter template that was kindly supplied to me on this forum.

I'm just a bit confused as I wouldn't have expected to have received more than one letter before claim?Should I send them the same letter that I sent to BW Legal previously?

Thanks in advance

Plantlover66

Good evening all, after ignoring multiple letters from debt collectors and requesting an SAR from VCS Ltd, I received a county claim form dated 20th January 2020. 2 days later I went on MCOL and submitted my AoS. This is my first defence draft. I'd appreciate any feedback.

One thing I haven't included in my draft is the fact that all signage at the car park has now changed, meaning that the driving spot I parked in and initially got a ticket for is now a pay and display part of the car park meaning I'd not get a ticket if I was to park there now. Is it worth me including this in the defence somewhere? I've left it out for now as I wasn't sure if this would hinder or help my defence.

DEFENCE

Claim No: XXXXXXX

Claimant: Vehicle Control Services Ltd

Defendant: Miss XXXXXXXX

1. It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the incident on the 22nd December 2017.

a. The claim relates to an alleged debt which has come about due to an alleged breach of contract set on private land within the Crown Street Car Park, Leeds.

b. The Defendant purchased and displayed a valid ‘pay & display’ ticket on the dashboard of the vehicle covering all time spent within the car park.

c. There was no overstay nor any mischief to deter, nor was there any misuse of a valuable parking space by the Driver, whose car was parked in good faith, not in contravention nor causing an obstruction, and was certainly not 'unauthorised'.

2. The particulars of claim state that the driver of the vehicle parked in breach of the terms of parking stipulated on the signage.

a. It is denied that the claimant’s signage sets out the terms and conditions in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

b. There is no clear signage displayed within the arches where the defendant was parked and supposedly breached the claimant’s terms. Signage within the car park was not situated adequately and was of a height that could not be viewed from a small passing vehicle such as the defendant’s, especially since the contractual terms were set out in an inadequate and tiny font.

3. The claimant has insufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices in these circumstances, and to pursue payment in the court in their own name.

a. No authority from the land owner to the Claimant have been sent to the Defendant confirming the legality of the claim and charges. In the absence of strict proof of the land owners authority I submit that the Claimant has no grounds for a case at all and invite the court to strike out the claim.

4. The Defendant strongly believes that the claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, this additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 (5)

a. Furthermore, with no 'legitimate interest' excuse for charging this unconscionable sum given the above facts, this Claimant's claim is reduced to an unrecoverable penalty and must fail.

Considering all off the statements above, I therefore respectfully ask the court to dismiss all action against the defendant.

I believe that the facts stated in this Defence are true.
Name
Signature
02/02/2020

KeithP

Firstly: please edit your most recent post to remove your clearly visible full name.

KeithP

Plantlover66 wrote: »

I received a county claim form dated 20th January 2020. 2 days later I went on MCOL and submitted my AoS.

With a Claim Issue Date of 20th January, and having filed an Acknowledgment of Service on 22nd January, you have until 4pm on Wednesday 19th February 2020 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

After filing your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Plantlover66

KeithP wrote: »

Firstly: please edit your most recent post to remove your clearly visible full name.

Thank you for that...somehow remembered to delete the claim number and missed my name!