Claim Form - VCS/Excel

Happy_McOutsource

Good afternoon you bunch of amazingly fantastic life savers

I have been a lurker on these forums for some time now, often getting help without the need of registering; guilty of not thanking people directly but also happy in the knowledge that i have signposted many people to the MSE forums over the years for help to.

Anyway, apologies for that introduction - down to business.

I have recently (0108) received a claim form from Vehicle Control Services in respect to "breach of contract i respect of breaching the Terms and Conditions set on private land". Now the particulars on the claim form are not very particular, they are claiming £600 (plus court costs of £60, so total claim £660), but do not breakdown these charges, or even reference place or dates.

My belief is that this is in respect to an hours stay in a hotel car park where i was visiting a friend in the bar area as they had arrived in Manchester on business and did not know anyone in the area. I parked up and spoke with the receptionist of the hotel to explain that I was visiting the person in question (provided their name and my friend came over to give his room number), and asked if I was okay parking where I was parked; more to the point that i didn't know if the spots were allocate by room number etc. The receptionist confirmed the bar was closing within the hour, that my car was fine to be left where it was and we then moved to the bar area to chat.

A few weeks after this, I received a letter from EXCEL parking something or other in respect to a fine for my car being left without permit etc. Due to reading advice on this forum and others I have since ignored the letters. I have not received one for a long time, assuming the matter had gone by the wayside, but then received this claim today.

How the invoice has reached £600 is beyond me, the hotel is nice but...

I have read through the NEWBIES PRIVATE PARKING thread, 3 times, and it's just settling in but I definitely need to read the thing again. I have acknowledged the claim form on MCOL website and received the references etc. Stage 2 on the thread mentioned above is for me to start my own thread immediately so that you fine people can offer advice and guidance as I go. I know i need to draft my own defence, using the sample provided in the thread so that you can critique it and offer advice - I am in the process of doing that now, so i should be able to post that this evening.

So that's a quick background story which will ultimately form my defence - I have attached copies of the claim form itself for you in case that is required also.

Thanks again for the (hopefully) impending assistance with this, the help you guys provide people every day is absolutely invaluable as I am sure you already know.

docdro.id/dOvcZla - you will need to copy and paste this with https:// infront of it as the MSE forums won't allow me to post a link as newbite, understandbly. If there is a better way of me posting the document please let me know :-)

Quentin

#2 in the FAQ covers Court claims and how to deal with them.

It's unlikely you are being taken to court over £600 for a single pcn,!

So find out more!!

Happy_McOutsource

Thanks Quentin.

When you say no. 2 in the FAQ's helps about claims, and that I should find out more; the only thing i can see for no. 2 is "Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME." - am I missing something? Should I be calling VSC to get more information here?

Le_Kirk

Your link will not "liven up" stating there is a problem with the certificate. Try using tinypic or imgur to post an image.

Happy_McOutsource

Thanks for the reply.

The forum won't allow me to post anything with http:// (a link) at all, including an image. Posted below with a space between slash and beginning of link

http:// i63.tinypic.com/6zwyll.jpg

Quentin

Happy_McOutsource wrote: »

Thanks Quentin.

When you say no. 2 in the FAQ's helps about claims, and that I should find out more; the only thing i can see for no. 2 is "Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME." - am I missing something? Should I be calling VSC to get more information here?

You misunderstand.

Each post in a thread is numbered.

This one is #6 in your thread.

Read up #2 in the FAQ

Castle

There will be further particulars to follow.

(You've left your password on the claim form)

Quentin

http://i63.tinypic.com/6zwyll.jpg

Happy_McOutsource

Quentin wrote: »

You misunderstand.

Each post in a thread is numbered.

This one is #6 in your thread.

Read up #2 in the FAQ

Ah! What an idiot - sorry and thanks!

The way I have read that post on the FAQ's is that I should reply to the claim and confirm further details to the alleged claim. I have read other posts from other members and it seems the next step is to contact VCS now for further details, and not contact the court directly until I am ready to file my defence; is that correct? Does the following letter look good to send to VCS?

To whom it may concern

I note receipt of your recent claim in respect to alleged “breach of contract in respect of breaching the Terms and Conditions set on private land”. I now require picture evidence of the alleged claim and answers to the following questions:

1. What is the basis of the claim. Is Vehicle Control Services making a claim as an agent of the landowner or making the claim as occupier in their own right?

2. Is the amount claimed by Vehicle Control Services for a genuine pre estimate of loss for a breach of contract or a contractual sum?

3. If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, for example, a works schedule, maintenance record or invoice for the work.

4. Were there signs at the entrance to the site on the date in question? Did these meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.

I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of Vehicle Control Services.

If this isn't regarding the aforementioned Hotel parking situation then I genuinely have no idea what it could be regarding. The POC noted on the claim form are vague as you can see, and states "as detailed in the Particulars of Claim (to follow)" - how long do they have to send this?

Happy_McOutsource

Afternoon all

I have today received the particulars of claim from VCS directly. I will scan and update these for you this evening. It seems this charge pertains to six (6) charge notices in respect to a parking on private land at a Booths supermarket. They operate a policy of paying £3 but if you go into Booths and ask for a refund they will provide one to you, as long as you've made a purchase of course.

The problem with the carpark are many, the pay machine is regularly broken & i've had countless issues in respect to yellow tape going across the T&C's but still being charged, machine being broken, on one occasion I remember having a ticket, was in Booths for about 5 minutes and recieving a ticket due to it falling onto the seat of the chair. I challenged the guy that booked me and he was one of the worst human beings I've ever come across, I complained to Booths but was told I needed to take it up with the parking agency. For the remainder of the alleged violations I have no idea who was even driving!

Hopefully you guys can point me in the right direction pertaining to my defence before I go ahead and write it.

Thanks again.

Happy_McOutsource

Here we go all: hxxp://docdro.id/8EgLD2G