VCS Letter Before Claim, Flora St.

Coupon-mad

4 I make no admission

'The Defendant makes...'

10 This “CN” therefore does not meet the strict requirements of PoFA Para. 7(1)

(I would continue) and even if this had not existed, the first postal Notice to Keeper was also non-compliant and this Claimant has failed to establish 'keeper liability'.



This is wrong, this is not the period that Schedule 4 says, so quote it properly:

This is incorrect because it should be “28 days after the Notice is given”,

And re this:

18 The images hosted on the Claimant’s “myparkingcharge” website cover a time span of 3 min 8 seconds in which the car is stationary. Therefore, IPC code 15.1 is not breached.

I'd say it needs rewording because YOU can't 'breach the Code of Practice' anyway, a driver is not subject to it!

KeithP

sensai wrote: »

Claim Form date issued 31st Dec.

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 just over two weeks away. Loads of time to produce a very good 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.

sensai

Thanks Coupon-mad and KeithP; I've already sent the acknowledgement following the advice in the NEWBIES.

sensai

The DQ has been submitted, this is a first draft of the witness statement for your perusal;


WITNESS STATEMENT

1. The driver entered Flora Street car park but was unable to find a free space as the park was very busy. The roadways between the bays are very narrow and aren’t suitable for waiting so the driver proceeded back towards the exit. EXHIBIT google aerial views of park.

2. The driver then stopped on a dark contrasted rectangular patch on which other cars had been parked at the time the driver entered the park. EXHIBIT photos of dark area.

3. The driver then left the car in order to read the signs (couldn't be read seated in the car), the bottom edges of which are 2 metres in high and have small lettering. EXHIBIT photos of signs showing height and small lettering in contrast to the the Parking Eye sign.

4. Upon returning to the vehicle, the driver found a small notice had been left on the windscreen. EXHIBIT full scale copy of “ticket”

5. Seeing that there were still no available spaces and more cars entering the park, the driver left.

Coupon-mad

Hope you have already sent a defence in time?

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

sensai

yes, defence went on the 29th, all booked in and accepted.


The other day I went in the car park and noticed that the area of tarmac in question had been marked out in faint yellow lines as though it was being prepared for bay markings, Ill have another look in the next few days.

KeithP

If you haven't done so already, take pictures showing how poor the bay markings are now.

Coupon-mad

Yes definitely get 'before and after' photos this month!

Chiffchaff

If the area was near flora Street entrance, I took photos on the 10th December - no yellow hatch showing.
I have received a 'we are unable to process appeal' letter and a threat of further costs if I don''t cough up £100 by 27th Feb. Did you get one of these type letters from vcs? I hope I am doing the right thing and ignoring until I get the notice of Lbc, at which point I'll be back here asking for help if following your case gets me a little confused.

sensai

Sent chiffchaff PMs

My court date is in June and their Directions specify that I send to the Claimant copies of all the documents I will rely on, Do I have to send these (list below) in full, or just reference the titles of some of them, ie, PoFa 2012, IPC grace periods?

1. NTK, windscreen ticket
2. PoFA 2012
3. IPC, BPA grace periods
4. Witness statement
5. Exhibits (photos)
6. Kelvin Reynolds
Also will take along the Law Gazette copy of solicitor's agents and the McShane judgement.
I have noticed that on the Claim Form N1SDT, the Claimant's signature box just has a typed name in it, is this ok?