VCS Vs Defendant- Albert Street car park

Madaschi

Hello All!

As a registered keeper of the car I have received County Court claim from VCS, signed by Mr S R-S, owner of both VCS and Excel, dated 7th February, for my car to be parked at Albert Street car park for just above 20 minutes. I have read the newbies thread and followed that right until now. I have acknowledged the claim and have until 12th March to put my defence together. I know it is a little time to do it but my only defence is that English is my second language and not everything seems to be clear for me, hence I am here asking humbly for help.
Not sure if it is wise to provide all dates of all I have received from VCS and debt collectors over here, as I do not want to be identified by them.
I did take pictures of the information board at the entry to the car park (before its closure) and T&C and, as every one already knows, Excel was managing that site but VCS is a creditor. Also Excel logo appeared only at the entrance, and nowhere else. PCN NTK also does not mention Excel at all. In all fairness, I imagine, that the driver could noticed that inconsistency and decided to not park over there . Layout of the car park, not known to the driver, could have caused a further delay in finding the exit. Could it be a strong base for defence?

Please, please, please, if you can then help me.

Madaschi

Madaschi

I am not familiar with language of legislation and how to word my defence properly. I imagine, could use simple, "common sense" wording but need to hear any sensible advice from you, guys.

Thanks

Madaschi

Snakes_Belly

I am not a regular on this site who has legal knowledge however this car park appears frequently this site.

Madaschi

Yes, I have noticed and read most of it, just not sure what to use in my case. I guess I am starting panicking now and just need to get a grip and just carry on until I got it.

Thanks

Madaschi

nosferatu1001

Yep, you will only understand this by reading, reading and reading.
Panucking will not help you Easy to say however!
BUt you do need to understand your defence. It is YOUR defence. Noone elses!

KeithP

As your Claim Form is dated 7th February, you do indeed have until 4pm on Tuesday 12th March to file your Defence.


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.

Le_Kirk

Your defence will need to counter everything that the PPC say you did wrong. Go to the NEWBIE section post # 2 and find the concise defence posted by Bargepole and use one of them as the base. Then add in points that counter (or defend) everything the PPC are claiming you did wrong. This information should be on the PCN or the POC or the Letter of Claim (assuming you received one before you got the court claim form).

Snakes_Belly

There has been a recent case on this forum that was dismissed because the signs were Excel and the claim was VCS or vice versa. The breach of contract is between the driver and the name of the company on the signs (Excel). VCS is a separate entity.

Madaschi

Hello, forumites,

I have tried to attach pics of all letters I have received but as a newbie, I am simply not allowed:(

I have checked IPC code of practice and in Part C, Section 1 I have found a piece of information that Keeper details must be obtained from DVLA in accordance with Schedule 4 PoFA 2012. Can anyone confirm, please, that once a company is acting in accordance with PoFA2012, it has to carry on this way all the way through the whole process? Is VCS acting in accordance with PoFA2012, are they compliant?

Thank you in advance

The_Deep

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

beamerguy

Madaschi wrote: »

Hello, forumites,

I have tried to attach pics of all letters I have received but as a newbie, I am simply not allowed:(

Does this ring a bell .....

https://parking-prankster.blogspot.com/search?q=Albert+Street+car+park