In court again......VCS this time

traceynob

Can't believe it's happened again, received a PCN in post in December 2017 from VCS, and have now received a Court Claim. My car was allegedly parked in Berkeley Square, Sheffield according to a couple of dodgy looking ANPR photos. Fortunately for me I was in Manchester at the time (with evidence) . I have explained this to VCS several times to no avail.:sad:

Will adapt the defence used when we beat Excel in court in March 2017. Just out of interest, previously the bmpa website used to have really useful information about parking companies, such as how many tickets issued, how many court cases etc. But its disappeared, does anyone know if this kind of information can be found anymore?

Also the court claim is 'signed' by Simon Renshaw Smith, have BW Legal et al been sacked by VCS? Did they lose too many times, lol?

Coupon-mad

previously the bmpa website used to have really useful information about parking companies, such as how many tickets issued, how many court cases etc. But its disappeared, does anyone know if this kind of information can be found anymore?

No, that info has gone.

Not sure why VCS file their own claims now, maybe it's just cheaper for them or they found BW Legal a waste of time & money.

Fight_the_good_fight

Think this maybe a new phenomenon as SIP are doing the same

KeithP

What is the Issue Date on your Claim Form?

Is it from the County Court Business Centre in Northampton, or from somewhere else?

traceynob

Thanks for quick replies. Issue date is 11th Feb, and yes, it's from County Court Business Centre. I've just done the acknowledgement of service, so I've got a couple of weeks to fine-tune my defence and decide whether/how much to counterclaim :think:

KeithP

traceynob wrote: »

Issue date is 11th Feb, and yes, it's from County Court Business Centre. I've just done the acknowledgement of service...

With a Claim Issue Date of 11th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 18th March 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.

Perhaps a little longer than you thought.


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.

traceynob

Cheers, that's very useful, I'll leave you all in peace now, but will update with progress as and when

nosferatu1001

Presumably, but worth checking, the NtK was not one where they are using POFA? Just the drivel about "assuming" you were the driver?

Worth a check

Counterclaim for harassment (Ferguson v British Gas) and breach of DPA - they had ONE reason to request keeper details, which was to find out who the driver is. They lost that once you said you were not the driver and would nto tell them.

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

Umkomaas

traceynob wrote: »

Also the court claim is 'signed' by Simon Renshaw Smith, have BW Legal et al been sacked by VCS? Did they lose too many times, lol?

Coupon-mad wrote: »

No, that info has gone.

Not sure why VCS file their own claims now, maybe it's just cheaper for them or they found BW Legal a waste of time & money.

Fight_the_good_fight wrote: »

Think this maybe a new phenomenon as SIP are doing the same

Even scammers can be scammed by bigger scammers.

traceynob

UPDATE:

Just received a letter from the Manchester County court, I expected it to be the court date, but instead it says;

IT IS ORDERED THAT

1. The Claim is struck out as having no prospect of success pursuant to Civil procedure Rule 3.4

I absolutely love DJ Osborne :j