Letter Before Claim - VCS PCN - Parking on 'Private Land'

wharfviewfine

Evening folks,

We received a PCN from Vehicle Control Services late last year for parking on private land (Reason 81 - Parking in a restricted / prohibited area).

We emailed VCS in late November to inform them that we disputed the debt as there was no clear indication that the land was private, other than a sign which in their imagery is on an adjacent street.

Having had our direct appeal rejected, we then attempted to appeal to the IAS however we were met with "Your PCN or Registration Number has not been recognised".

We emailed VCS in early February following what was then a "Final Demand" letter informing them that we had been unable to appeal independently, and our reasons for disputing the PCN:

Inadequate signage and illumination of signage (as the parking time in question was at night) relating to the road in question, with your own photographs indicating a sign located on an adjacent street.
The signage refers to “The Access Road” which is not clear in its specificity.
No lines or other markings on the street to indicate that charges would apply (with yellow line markings on only the opposite side of the road).
See attached images indicating;
Invalid PCN number when attempting to submit an irregular appeal to the IAS.
The images you have supplied indicating unspecific signage on an adjacent street, with no signage illumination.
Additional images of the street during the day time with multiple cars parked, showing a clear precedent for this street being used publicly for parking due to the inadequacy of the signage.
The owner of the vehicle has a history of depression and this matter is negatively affecting their mental health.

We have had no acknowledgement of our last email and today received a Letter Before Claim from VCS directly, with attached annexes and 30 day deadline, however have had no approaches from any separate legal entities or bailiffs.

We are about to submit an SAR as per the NEWBIES thread, however we are having trouble locating a designated landowner in order to also complain about VCS in an attempt to get the charge cancelled (and we believe this will be unlikely as it is 'private land' which is only residential with no commercial interests).

Any further advice on how to proceed would be much appreciated.

Many thanks!

Redx

pay the Land Registry for the landowner details ?

KeithP

For a few pounds The Land Registry can help you identify the landowner.

wharfviewfine

Good morning, folks,

So having sourced the ownership details through the land registry, it turns out the listed owner's company has liquidated and there is now a new landowner however we have no idea how to find this independently, having already contacted nearby landlords and agents - nobody seems to know who owns the land.

As also mentioned we have submitted a Subject Access Request to VCS on the 6th of March; including a request for details of who VCS are operating on behalf of.

We have had the below response from VCS on the 8th of March, however are still to receive any further correspondence:

"Thank you

I will forward the details in due course and provide the SAR data within the 30 day deadline.

Regards

Debt & Litigation Manager

EXCEL PARKING SERVICES LTD"

As such we currently unable to appeal to any landowner, and the thirty day deadline for our postal response to VCS' LBC is approaching - with VCS having seemingly ignored our request that "Until the above as been fulfilled we request a restriction of data processing and that the case be put on hold."

Just looking for advice on how we should proceed; should we send VCS an email and letter outlining our current position and as yet non-fulfilment of our SAR? Or should we just wait for the time being?

Many thanks!

D_P_Dance

In the meantime complain to your MP.

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Umkomaas

As also mentioned we have submitted a Subject Access Request to VCS on the 6th of March; including a request for details of who VCS are operating on behalf of.

You won't get that via a SAR. A SAR relates to personal information they hold about you and your vehicle (the VRM is deemed to be personal data).

You might get it as part of a request for further particulars as part of your response to the LBC.

wharfviewfine

Much appreciated, both.

I've submitted a complaint to our MP this morning and plan to submit the below response to our LBC by both post and email based on a template from the forum. If you could please advise as to its suitability.

With regard to PCN number: REDACTED.

We acknowledge receipt of your Letter Before Claim. However, your letter contains insufficient detail of the claim. Nor does it contain any full mention of what evidence you intend to rely on, or enclose copies of such evidence.

As such, we have submitted a Subject Access Request to dataprotection@vehiclecontrol.co.uk which is now being actioned by REDACTED..

Until such time that this request is fulfilled, we request a restriction of data processing and that the case be put on hold.

The action so far on your part is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which you should be familiar. As you must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.

Whilst the Subject Access Request is being processed by your data protection officer, we also require you to comply with the below obligations and forward the following information/documents:

1. an explanation of the cause of action.
2. whether you are pursuing REDACTED. as driver or keeper.
3. whether you are relying on the provisions of Schedule 4 of POFA 2012.
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed).
5. a copy of the contract with the landowner under which they assert authority to bring the claim.
6. a copy of any alleged contract with the driver.
7. a plan showing where any signs were displayed.
8. details of the signs displayed (size of sign, size of font, height at which displayed).
9. If they have added anything on to the original charge, what that represents and how it has been calculated.
10. Proof that permits were provided in a sufficient amount of time

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

Until you have complied with the above obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you choose to do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and order that this information is provided.

Yours sincerely,

REDACTED.

Again, many thanks.

wharfviewfine

Evening folks,

(and sorry for making a new thread, before!)

We've now received a County Court Claim Form - issue date 04/04/19.

As summary so far:

We received a PCN from Vehicle Control Services late last year for parking on private land (Reason 81 - Parking in a restricted / prohibited area).

We emailed VCS in late November to inform them that we disputed the debt as there was no clear indication that the land was private, other than a sign which in their imagery is on an adjacent street.

Having had our direct appeal rejected, we then attempted to appeal to the IAS however we were met with "Your PCN or Registration Number has not been recognised".

We emailed VCS in early February following what was then a "Final Demand" letter informing them that we had been unable to appeal independently, and our reasons for disputing the PCN:
Inadequate signage and illumination of signage (as the parking time in question was at night) relating to the road in question, with your own photographs indicating a sign located on an adjacent street.
The signage refers to “The Access Road” which is not clear in its specificity.
No lines or other markings on the street to indicate that charges would apply (with yellow line markings on only the opposite side of the road).
See attached images indicating;
Invalid PCN number when attempting to submit an irregular appeal to the IAS.
The images you have supplied indicating unspecific signage on an adjacent street, with no signage illumination.
Additional images of the street during the day time with multiple cars parked, showing a clear precedent for this street being used publicly for parking due to the inadequacy of the signage.
The owner of the vehicle has a history of depression and this matter is negatively affecting their mental health.

We have had no acknowledgement of any of our emails, except a response to our Subject Access Request which has been fulfilled.

We submitted acknowledgement of the LBC we received last month, our local MP has also written to VCS to support us, however we've had no response to our request for further detail on who VCS are operating on behalf of in order to appeal (the land registry records are out of date and no local business seem to be aware of the current landowner).

Just wondering what your advice is on how to proceed from here? Do we progress this to court?

Many thanks.

Coupon-mad

Just wondering what your advice is on how to proceed from here? Do we progress this to court?

VCS already has!

Please read the NEWBIES thread post #2 about AOS and defence stages.

KeithP

wharfviewfine wrote: »

We've now received a County Court Claim Form - issue date 04/04/19.

With a Claim Issue Date of 4th April, you have until Tuesday 23rd April 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 file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 7th May 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect 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 "defence received". 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.

wharfviewfine

Hi folks,

I've completed the AOS and have compiled a draft defence based on other threads; any criticism would be much appreciated! Perhaps I could get rid of some points to make it more concise?

IN THE COUNTY COURT

CLAIM No: XXXX

BETWEEN:

Vehicle Control Services Limited (Claimant)

-and-

XXXX (Defendant)

________________________________________
DEFENCE
________________________________________

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

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date on an 'access road' at XXXX.

3. 'The access road’ which forms the basis of the current claim consists of a residential street with no road markings indicating parking conditions.

4. The area possesses inadequate signage relating to the parking conditions brought by the Claimant, with the Claimant's photographic evidence indicating a sign on an adjacent street, which was further inadequately illuminated to be considered visible at material time of parking.

5. 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.

6. 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. The signage merely indicates 'the access road' as the land in question and no contract can be construed under the contra proferentem principle.

7. 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.

8. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim. Nor can a contemporary landowner be reasonably identified.

9. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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.

10. The Claimant has also ignored the Defendant's inability to appeal to the Independent Appeals Service with the PCN number and registration details supplied due to the information not being recognised by the body.

11. 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.

XXXX
Signature
X/XX/XXXX

Many thanks.