Motorbike County Court Claim - Charge Notice

LenaWoods

Hi Everyone

I've recently received two Charge Notices in relation to my Motorbike which was parked right on the edge of apparently private land - without obstructing any bays..

I researched the claimant company - Vehicle Control Services Limited before and got the impression i could just ignore their letters as they weren't legally enforceable...

Now I've got two Claim Forms from the County Court Business Centre

I have acknowledged both and now have two weeks to prepare a defense/ dispute... please can someone help... there are so many things frustrating me about this claim...

The reason for them taking it this far is that i wasn't displaying a permit!

But how on earth do you display one on a motorbike? They fall off, get stolen or the rain destroys them... hence why i never usually display one on the opposite side of the road (Government Monitored Parking which also requires a permit) which is outside my house...

I literally moved my bike to the other side of the road for two days so my house mate could access the back door of the property...

The sign on the car park didn't specify where the land started, so i thought if i wasn't actually in a bay or main car park it wouldn't be an issue... the vehicle wasn't obstructing anyone

Please help!

The_Deep

What does your lease/AST say about displaying a permit? If it is silent on the subject it is more than possible that the so called contract which they claim you have breached may not have been, no contract - no breach of contract, the lease will have primacy and they can FOAD

Read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Also complain to your MP as it is the will of Parliament that these scammers, (very often former clampers), be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

waamo

What is the issue date on the form?

twhitehousescat

planning office , car park boundaries

LenaWoods

Sorry just to be clear ... i usually park my bike (opposite the private car park) is Council monitored for Residents only. We are required to display permits (which I have several of) but because they are paper based cannot be displayed on a motorbike.

The private car park is directly opposite and is confusingly mentions 'Private parking for Derby Homes - Permit Only' which is actually very similar to the main street.

The sign is also tiny and hard to read, there's a pic on street view if you google 8 John Lombe Drive, Derby UK... it won't let me post the link

I parked directly opposite the sign thinking i wouldn't be in the way or actually in the car park itself|!

waamo

If you tell us the issue date a poster called KeithP will be along later and give detailed instructions on what to do.

LenaWoods

Forgot to mention - i don't usually have any issue with the Council parking my bike outside my house without a permit

twhitehousescat

LenaWoods wrote: »

Sorry just to be clear ... i usually park my bike (opposite the private car park) is Council monitored for Residents only. We are required to display permits (which I have several of) but because they are paper based cannot be displayed on a motorbike.

The private car park is directly opposite and is confusingly mentions 'Private parking for Derby Homes - Permit Only' which is actually very similar to the main street.

The sign is also tiny and hard to read, there's a pic on street view if you google 8 John Lombe Drive, Derby UK... it won't let me post the link

I parked directly opposite the sign thinking i wouldn't be in the way or actually in the car park itself|!

planning office , car park boundaries

KeithP

Twice now Waamo has asked you for the Issue Dates on your Claim Forms.

It is in your interest to respond.


Also, if you have based your forum username on your real name, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

LenaWoods

One was issued - 03/01/2019
the other - 31/12/2019

I've already acknowledged both as 'Defend all of this claim' and 'contest jurisdiction'

LenaWoods

Sorry - 31/12/2018