Robin hood airport Doncaster

Coupon-mad

BON_EON wrote: »

Hi folks,
Can someone advise me please on what to do next in regards to a no stopping parking notice.
I have read all the newbies stuff, sent a response stating I won't be naming the driver, signage, unreasonable amount etc etc

The criminal company, VCS, have replied with the following reasons for declining my initial appeal to them:

1. "We note that you have declined to name the driver....in this case we may pursue you as the registered keeper of the vehicle for the outstanding charge, as per schedule 4 of the protection of freedoms Act 2012 (PoFA)" they go on to say that they have the right to recover the unpaid balance from the keeper after 28 days?? can someone tell me if this is the case?

Don't use a template reply to the LBCCC, pleeeeeease!

Write and ask on what basis VCS contend that the POFA can apply at this site (as stated in their letter dated xx/xx/18).

You could tell them that if they try a small claim you will contest jurisdiction because the site is covered by statutory control under Airport bylaws, and as such, parking enforcement is a matter for the Magistrates Court, not the County Court.

BON_EON

So, I replied to the letter before claim and also included a subject access request. I also requested additional information on the claim, such as a map showing the airport roads and bylaws, information on the basis of PoFA and how they intend to use it etc etc basically most things contained in newbeeies #2 sticky thread.
I have not received anything in response to this, however I have received a claim form from VCS.

I'm assuming they are going to take me to court??? Can someone please point me in the direction I now need to go. Do i need to fill in all of the claim form including my income??

Any advice would be greatly appreciated

beamerguy

BON_EON wrote: »

So, I replied to the letter before claim and also included a subject access request. I also requested additional information on the claim, such as a map showing the airport roads and bylaws, information on the basis of PoFA and how they intend to use it etc etc basically most things contained in newbeeies #2 sticky thread.
I have not received anything in response to this, however I have received a claim form from VCS.

I'm assuming they are going to take me to court??? Can someone please point me in the direction I now need to go. Do i need to fill in all of the claim form including my income??

Any advice would be greatly appreciated

VCS are pretty thick if they think they can ignore a SAR

Are you talking about the "letter before claim" whereby they provide proof of their claim and give you 30 days to respond

Courts are not interested in income unless you tell the court that
you cannot afford to pay, and that happens if you lost

Fruitcake

If your SAR has been ignored, you should complain to the ICO. You should have provided the scammers with proof of ID with the SAR such as name and address of keeper, VRN, PCN number, and a copy of the V5.
Even if you didn't, they should reply saying they want proof of ID.
Asking for ID does not stop the clock. It's 30 days from the date they received the request as long as you later provide proof of ID.

BON_EON

Thanks, yes it's a claim form with the county court address in the top right. It's also got a "money claims online" in the address.

I have to set my defence out as well in one of the sections. I can complete the form online.

So should I not fill in the financial section?? Will this go against me??

Besides complaining to ICO. What's the best thing for me to do now?? Fill in the form and set my defence out?

I did give all of my details in the SAR except for my V5

Umkomaas

Bargepole's advice in the NEWBIES FAQ sticky, post #2 tells you exactly how to deal with the county court claim form - it's rather different to the way you're thinking about doing so at the moment.

Bargepole is a legally qualified contributor to the forum.

BON_EON

Thanks for the advice. I'll have a look.

KeithP

Do not fill in anything on any form until you have read the post that Umkomaas has directed you towards.

What is the Issue Date on your Claim Form?

Was it issued by the County Court Business Centre in Northampton, or from somewhere else?

BON_EON

Yes it was issued by the county court business centre in Northampton. Issue date was 31st December

KeithP

BON_EON wrote: »

Yes it was issued by the county court business centre in Northampton. Issue date was 31st December

With a Claim Issue Date of 31st December, you have until Monday 21st January to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 4th February 2019 to file your Defence.

That's pretty much a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should 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. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.