VCS Court Claim

wexpy

Hello forum members.

As background to my thread. The driver received a hybrid ,' this is not a parking charge notice' affixed to windscreen in a VCS operated permit only car park back in November 18. The driver parked there believing it was OK, as they are an employee of the landowner, and had heard colleagues say it was fine to use it at weekends.

The driver then received an 'early' NTK, but stupidly forgot to appeal in time, and then went on a long holiday and even more stupidly forgot to take the details with them, and so returned to a LBC. A SAR was sent and replied to in time. A subsequent claim letter was sent by VCS and the AOS completed on the 30 March. Have been reading lots of threads and feeling rather daunted by the work ahead, but keen to defend.

The link to my docs is below (first chance to mess up how to do things here), but hopefully will work. hxxps://1drv.ms/f/s!ApjXDzKJzlcgcVGrixjqUBqe9KM.

I have seen a defence by bargepole but not sure I can use it as it states that the driver never entered the car park? There is also one in the newbie thread that rellates to the hybrid
PCN by coupon-mad, which I could base my defence.

I'm pretty sure the case will go to Sheffield County Court where i am based.

Thanks for your guidance


In the County Court
Claim No. XXXXXXXX
Between
Vehicle Control Services Limited
(Claimant)
-and-

XXXXXXXX
(Defendant)

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

2. The Defendant denies that any contract was entered into with the Claimant, whether express, implied, or by conduct.

3. On the material date, the Defendant was at [INSERT AT PLACE OF WORK, ABROAD, OR WHICHEVER APPLIES], and did not at any time enter the car park in question.

4. In order to transfer liability from the driver to the registered keeper, the Claimant is required to comply with the strict statutory conditions set out in Schedule 4 of the Protection of Freedoms Act 2012 ("POFA"). The Claimant has failed to do so, and cannot, therefore, hold the Defendant liable.

5. The Claimant is known, in reported cases, to abrogate reliance on POFA, and to attempt to hold keepers of vehicles liable on an assumption, on balance of probabilities, that the keeper was also the driver. That assumption clearly cannot be made in this case.

6. In summary, the Claimant has no cause of action in this matter, and the Court is invited to dismiss the claim in its entirety.


Statement of Truth

I believe that the facts stated in this Defence are true.

Signature

Name

Date

KeithP

What is the Issue Date on your Claim Form?

wexpy

Hello KeithP. It was the 29 March

KeithP

wexpy wrote: »

It was the 29 March

With a Claim Issue Date of 29th March, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 1st May 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.


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.

wexpy

Thanks Keith. Will post defence for feedback. Cheers.

beamerguy

Did VCS add an extra £60 to the claim ???

It is another point to show a judge they VCS are attempting to scam you ......

VCS ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, VCS, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

wexpy

But of course. I will certainly mention this in the defence

D_P_Dance

Get your MP on board, they are totally on your side.

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.

wexpy

Thanks D P Dance. I will do that...saw this in the news...lets hope so.

To add to the background. The vehicle received 2 x 'not a PCN' as it was parked overnight. One in the evening and one early morning. My initial post was about the morning one, but have since re eived a court claim for the earlier 'not a PCN'.

In the SAR and email to VCS it was requested they ensure all outstanding claims were addressed as one, and both ref numbers were quoted. Now there are two separate court claims. Can this be used as a point in my defence showing that they are unreasonable etc?

Thanks

wexpy

Claim dated 1 Apr 2019, AOS completed 11 Apr 2019

KeithP

wexpy wrote: »

Claim dated 1 Apr 2019, AOS completed 11 Apr 2019

With a Claim Issue Date of 1st April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 7th May 2019 to file your Defence.

That's nearly four weeks 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.