VCS MCOL "This is not a parking charge"

dully1992

Today is the last day that I can submit my defence, having gone through the AOS (today is the 33rd day since issue of claim). Without using excuses, I am a junior doctor in the NHS and have had very little time recently, mixed with other priorities, hence the irrevocable lack of timeliness. Whilst I am considering paying the sum to get rid of this, I understand that is wholly frowned upon and likely unnecessary. Hence, this last minute plea for help.

VCS is the claimaint, the original "offence" goes back to the beginning of this year. I had parked at a friends (block of flats, residential with marked bays for residents, open area of parking adjacent to the building, no gates/not underground etc), I did not park in a bay, but instead along a wall, where there was no outline of parking restriction (no yellow line or any lines) and certainly no parking sign directly adjacent to where I had parked. There are parking signs dotted else where.

I have the images from myparkingcharge website, attached to this "offence" that were taken on day of issue of the "warning" yellow sticker they "placed" on my car. The photos that they have taken are funny in that, they have not taken a single photo which includes a view of both my car with the yellow sticker on the windscreen and also the number plate of the car (all in one picture) - this does not exist.

Instead they have taken a picture of the car from the front, but with no numberplate in view.
A separate picture of the number plate up close, with only the number plate and nothing else visible in the picture.
They have taken a picture of the yellow sticker on the windscreen, with nothing else in view (no other identifiables).
I am wondering whether these facts can be used to argue against this in the defence.

Other than this I am lost for any ideas. And with the lack of time, I am lost for hope!

Coupon-mad

A Sunday is never the last day. It tips into Monday being a working day. You have till 4pm (no later, make it earlier).

How can you possibly be lost for ideas for defence, when the NEWBIES thread has an example of a VCS 'hybrid Not a Parking Charge' defence, and a decent/concise residential defence by bargepole? Take your pick and add your facts.

Umkomaas

Today is the last day that I can submit my defence, having gone through the AOS (today is the 33rd day since issue of claim).

Other than this I am lost for any ideas. And with the lack of time, I am lost for hope!

So what exactly are you asking for in the next few hours or so? Where have you been for the past 33 days?

dully1992

Thank you for the amazingly prompt reply. I will look at the mentioned defence.

Could you please advise whether the points I've mentioned in regards to the photos VCS have taken when issuing the original ticket hold any value, or should I disregard this?

Thanks again

Coupon-mad

You can mention it in the defence and later, in your WS.

dully1992

Just very busy with odd shift patterns, mixed with impending exams and job applications which decide the next 7 years of my life!

I know I should've been more organised but sometimes these things slip through.

KeithP

dully1992 wrote: »

Today is the last day that I can submit my defence, having gone through the AOS (today is the 33rd day since issue of claim).

Then as C-m says, you can file it tomorrow - anytime up until 4pm.

When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Umkomaas

dully1992 wrote: »

Just very busy with odd shift patterns, mixed with impending exams and job applications which decide the next 7 years of my life!

I know I should've been more organised but sometimes these things slip through.

You do realise that not defending this, might result in a default CCJ, and then subsequently dealing with the outfall, could result in a major negative impact on the next 6 years of your life in the shape of a trashed credit rating, an inability to raise credit, acquire a mortgage, even get a mobile phone contract, and in some employment, affect current job status or an inability to apply for/gain certain jobs.

Not trying to paint a worst case scenario, but there's no over-egging the pudding in what I'm saying. Time to get hold of this now.

dully1992

Thank you KeithP and Umkomaas. I was either going to defend this or pay it, and since I'd left it so late I was leaning closer to just paying it, and therefore avoiding any judgement.

Any thoughts on the below would be appreciated:


IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

VEHICLE CONTROL SERVICES LTD (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________


1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle(s). These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

3. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

4. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within a parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

5. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

6. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority. It is reasonable to conclude, from the lack of satisfactory photographic evidence provided, the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

dully1992

KeithP wrote: »

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Thank you Keith.

Should I also submit a blank defence on the MCOL website? Or just e-mail the defence and leave it at that and await for the system to update my claim?

KeithP

dully1992 wrote: »

Should I also submit a blank defence on the MCOL website? Or just e-mail the defence and leave it at that and await for the system to update my claim?

Definitely do not do anything on MCOL.

Email your Defence tonight and then ring CCBC in the morning to urge them to process it ASAP.

At the moment you are vulnerable to a default CCJ should the Claimant pounce before your Defence is filed.