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county Court Claim Form - VCS Limited parking fine

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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,281 Forumite
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    Can you post the details please, we know it's painful but what happened?

    Which court and which Judge?

    Did Mr Wilkes turn up for VCS? He didn't even have Rights of Audience...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • HI everyone. Looking for some advice. I received a County Court Claim from VCS on the 3rd January 2020 saying that they are claiming £185 for a "breach of contract" which I a, unaware of as the date shown happened at the time I relocated from my previous address. In 3 years I haven't heard anything about this.
    My wife, whos a bit clever with law lol has put together a defense satement and I am just wondering if anyone could offer any advice or additions?

    Thanks in advance!

    Defence Statement

    I dispute the full amount claimed of £185.00 and give my defence below.
    i) I did not receive a Notice to Keeper or Notice to Driver at my address detailing any breach of contract that vehicle YD05 FKE was in breach of advertised terms & conditions and I was therefore not aware of any charges being brought against me.

    ii) As per the above, I would therefore not have had the opportunity to respond within the timeframe of 28 days to dispute any charges against me as per POFA Schedule 4, para 8 and therefore would not see this as failure to settle any outstanding liability.

    iii) In September 2016, I relocated to Wigan. Since the 02/09/2016 I have not received any correspondence at my current address regarding any breach of contract until I received the County Court Claim form on the 3rd January 2020.


    iv) I do not have any recollection of stopping on a roadway where stopping is prohibited, as is stated in the particulars of the claim. With this in mind, I am unaware of any signs displayed at the location related to in the particulars of the claim.

    This therefore constitutes my defence regarding the breach of contract for breaching the terms and conditions set on private land and request that this charge is cancelled immediately. Should this not be cancelled I require further information relating to the claim in question:

    1. Evidence of any Notice to Keeper and Notice to Driver stating the timeframes to reply to any charges.
    2. Dated photographs of the signs that you say were onsite at the time which you contend a contract on the 2nd September 2016.
    3. Photographs taken of this vehicle.
  • Ralph-y
    Ralph-y Posts: 4,709 Forumite
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    hi, and welcome to the forum ........

    there will be plenty for you to read up on ...

    go to the newbies thread

    https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

    dealing with more that one equerry per thread only leads to confusion


    then visit the start page

    https://forums.moneysavingexpert.com/forumdisplay.php?f=163&order=desc

    where you will find the 'new thread button '




    other useful info



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    Ralph:cool:
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Well... we lost :(

    I will post the full details up tomorrow.
    So it's true then... tomorrow never comes. ;)
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 January 2020 at 11:08PM
    KeithP wrote: »
    So it's true then... tomorrow never comes. ;)

    Over one hundred posts from many of the top regulars, yet can't fulfil the promise of an update - is it the case of take everything, give nothing back?

    The OP has been back to the forum today, so has obviously seen the posts.
    PrettyKittyKat PrettyKittyKat is offline
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    Last Activity: Today 5:44 PM
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • That's a shame as my case with VCS is being heard on Tuesday https://forums.moneysavingexpert.com/discussion/6024795/vcs-issued-pcn-after-25-days-i-told-them-where-to-stick-it-now-dcb-legal-have-sent-me-an-lbc&page=5#topofpage
    I would have liked to have known why the OP lost.
  • Le_Kirk
    Le_Kirk Posts: 24,731 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Garyswork2 wrote: »
    I would have liked to have known why the OP lost.
    You could try sending a PM.
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