VCS Court Claim

kaybeans

Hi all, last year a car I am the registered keeper of was given those "PCNs but not actually PCNs" that VCS use, the car was parked in a private residential area that they manage, in a marked bay with permission from the tenant of the flat. (the space is marked with the number of the flat).Because the car did not display a parking pass they tried to fine me £100, and are now claiming for £185 in total.

I've done my notice of claim bit but have just over a week to finish my defence. I've used the template for residential claims that are in the newbies thread but had two questions:

1) Shall I use the misleading nature of the PCNs that isn't a PCN they stuck on the window?

2) There's nothing in the tenancy agreement about a parking space, the only mention of one was in the advert for the flat, although the parking space is clearly marked with the number of the flat. Is this likely to hurt my case?

I'm not particularly worried that they'll win just want to make sure I have all my ducks in a row before I submit my defence.

System

Is this an in-house VCS or has it come from a solicitor? If it is in-house and you are nowhere near Sheffield, you should just follow the process. Jake won't be turning up for £185.

kaybeans

I'm in Doncaster unfortunately! The letter said "VCS Legal Department" I'm almost sure, which made me chuckle, will check when I get home from work and post up the full claim.

System

There is a very wordy "particulars" that may have been promised in 14 days so check if that wording is there too. There is a copy of his new nonsense floating around. Otherwise if there are no additional particulars promised then just follow the newbies thread as best you can.

He's clearly got up one morning with a hangover and decided he must polish up the turd of a claim they try to issue. After all if BW can do it, then so can VCS ... but it is still a turd.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

IamEmanresu wrote: »

There is a very wordy "particulars" that may have been promised in 14 days so check if that wording is there too. There is a copy of his new nonsense floating around. Otherwise if there are no additional particulars promised then just follow the newbies thread as best you can.

He's clearly got up one morning with a hangover and decided he must polish up the turd of a claim they try to issue. After all if BW can do it, then so can VCS ... but it is still a turd.

Say it like it is, IamEmanresu! :T

kaybeans

Submitted my defence based on the newbies post. The claim is in the name of Simon someone or other and the particulars letter came from the "VCS Litigation Department" which I'm sure is real.

Will update if they pursue any further.

System

Submitted my defence based on the newbies post.

Did the claim say there were particulars coming in 14 days time? If so you might find that they will adjust them to suit the defence you've just put in.

nosferatu1001

Indeed, why did you rush to file a defence, without any chance to review itfirst, or even answer all the questions?

You had ONE SHOT at a good defence. I hope it was a good one.

How did you submit it? Was it signed?

kaybeans

Sorry I didn't make it clear! The particulars had already arrived, absolutely bog standard stuff, only claim they have made is that it's a breach of contract, my defence was the one linked in the newbies thread for residents that included questioning their right to operate on that land and that no contract was accepted etc.

I filled in the defence on the online portal thing. Is that not what I should have done?

KeithP

Please post here the Defence that you have filed.

Post #2 of the NEWBIES FAQ sticky thread tells you:

Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop.