Small claim from vcs, aos done, what next?

Codinson

Hi
I just finished doing an aos for a claim from vcs done through County Court business centre. I have about 2 weeks left cause I was late in doing the aos. I ignored all previous letters until O got this claim form. They ask for£160 plus 25 court fees.
Facts: a few months ago I parked in an area and found a paper stuck to the screen saying this is not a pcn. I ignored it and the same with the following letters as I said.
Afterwards I actually noticed the signs posted saying this is private property and valid permit holders only. Also it says upon entering this area you agree to contractual terms blabla, £ 100 charge.
There were no barriers, no designated parking spaces, nor did I block any access and it happened on a Tuesday night at 23:00
The signs are neither easy or hard to spot, being 11pm and dark I guess made it harder to spot.
I am trying to put together a defence and I am not sure what points to make in it, what would apply in my case?
I looked through the newbies area and found the following defence to be partially adequate but very unsure what bits to use
A 2018 defence re VCS and a 'THIS IS NOT A PARKING CHARGE' which they then call a parking charge later:

What are my chances? Any advice?
Thank you in advance.

KeithP

Hi and welcome.

You now need to be reading post #2 of the NEWBIES FAQ sticky thread.

What is the Issue Date on your Claim Form?

When did you do the Acknowledgement of Service?

Le_Kirk

Did you find THIS defence? If so, you need to use it and adapt it to suit your case. If you have the POC from the PPC, then you will know why they are chasing you. Just defend every issue in the POC with a defence point. If they have not provided the thrust of their claim with evidence, send a SAR, link in NEWBIE post # 2.

Codinson

Hi, thanks for the quick reply, yes, that is the defence I found.
Poc says: the claimant's claim is for the sum of 160 being monies due from the defendant to the claimant in respect of a charge notice for a contravention on.... At....
The cn relates to a "vehicle" reg....
The terms of the cn allowed the defendant 28 days from the issue date to pay the cn, but the defendant failed to do so. Despite demand having been made, the defendant has failed to settle their outstanding liability. The claimant seeks the recovery of the cn and interest under the section 69of the country courts act 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment. Signed Simon Renshaw-Smith (claimant)
Any chance you can point out what issue to defend?
All I see is contravention and charge notice.

Codinson

Also I am a eu citizen living in England, could I contest juristiction like someone living in Scotland or NI could?

Codinson

Issue date 22 Feb and I just did the aos now (sat9th March) but it will be processed monday

KeithP

Codinson wrote: »

Issue date 22 Feb and I just did the aos now (sat9th March) but it will be processed monday

The AoS wasn't done late, you had until next Wednesday to do that.


With a Claim Issue Date of 22nd February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 27th March 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a 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 "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

Difficult to see what you need to defend as the PPC have not actually said what the contravention is. The defence you found was written by one of the most dedicated, knowledgeable posters, so just adjust it to suit by removing anything that doesn't match your situation, certainly points 1, 2, 3 & 4 all fit you, given the "sparse particulars of claim."

Codinson

Thank you so much guys, I will follow your advice and post a defence for opinions soon. Cheers!

Codinson

Hi, following your advice I was thinking to go with the following 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, appears from the sparse evidence supplied by this Claimant, to be parked on the material date on a public road, not on any yellow lines nor causing an obstruction.

2.1. 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, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

2.2. Accordingly, it is denied that any contravention or breach of clearly signed/lined terms occurred, and it is denied that the driver was properly informed about any parking charge, either by signage or by a CN.

3. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. 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.

4. 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.
Should I add an intro, an outro and signature and go with this?

Coupon-mad

Have you submitted this now? I assume you did, due to your Feb claim date.

Looks a bit sparse to me, compared with other VCS defences:

https://forums.moneysavingexpert.com/discussion/comment/75681548#Comment_75681548

...so keep reading other VCS claims and look at what you find when you search the forum for Wilkes VCS no ROA as there will be information you can add at WS/evidence stage and a possibility of challenging whoever rocks up as the 'legal rep' (as that forum search will reveal).

Like I say, you can add more at WS and evidence stage so stick around and prepare well.