VCS residential money claim

Alster370

The driver has received a money claim regarding three historical VCS residential parking fines (Oct 2017). Money claim issue date 9th April. Long story short, the driver parked in a residential bay three times without displaying a residential parking permit, as the landlord had promised the permit would arrive soon and there would be no issue. The driver appealed to VCS with a copy of their tenancy agreement to prove they were a resident and explained that the landlord was yet to provide them with a parking permit. VCS asked for a scan of the parking permit within two weeks, which couldn’t be accommodated (The driver received the parking permit from the landlord in May 2018!).

I’ve had another read through the newbie thread, the first step is to acknowledge the charge to increase the preparation time to 28 days?

Redx

NOBODY has received either any "fines" or a "summons" either

the driver (or keeper) received Charge Notices (or CN,s) and then received invoices (NTK,s) I would have thought

and this court claim pack from the CCBC is not a "summons" , you get them for criminal offences, which this isnt , its a money claim

so the ISSUE DATE of your money claim is 09 april 2019 ?

do the AOS online by logging in and extending the deadline by doubling it from 14 days to 28 days

KeithP will give you the best info on this part of the process

email a SAR to the DPO at VCS (the email address is on their privacy page) to get all the data that they hold on you and your vehicle

then start drafting your defence once you have done both of the above

KeithP

Redx wrote: »

KeithP will give you the best info on this part of the process.

I try my best.


With a Claim Issue Date of 9th April, you have until Monday 29th 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 Monday 13th May 2019 to file your Defence.

That's a whole 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 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.

Coupon-mad

Did you get actual printed full PCNs, or just a red card 'not a parking charge'?

If the latter, combine the VCS 'not a CN' defence, with bargepole's residential one.

Alster370

Did you get actual printed full PCNs, or just a red card 'not a parking charge'?

Yes they sent PCN's shortly after leaving the initial square card things.



Ive completed the AOS, and will start on the SAR, thank you RedX, KiethP and Coupon-mad for your help, Im feeling confident it will be ruled in my favour. Will post Defence draft when I have it.

Coupon-mad

Did you get actual printed full PCNs, or just a red card 'not a parking charge'?

Yes they sent PCN's shortly after leaving the initial square card things.

Then the answer is no, you got the 'not a CN' version as per the VCS example.

Alster370

Ive been trying to craft my defence but Im aware of being caught out by particulars which make my residential case different to the examples in the newbies thread. For example, my tenancy agreement doesnt make any reference to a parking space, as the driveway space doesnt require a permit to be displayed. Ive summarised the timeline of events below.



VCS Argument

There are no residential spaces, just drives for each property. You do not need a permit to park here as you are assumed as the resident. There are several “visitor” spaces adjacent to the property, where signage asks a residential permit to be displayed (The idea being you give your permit to whoever is visiting you that day.)

Parked in visitors bay without displaying permit
Appealed to VCS claiming to be resident, attached proof of residence that covers the date of all three contraventions
VCS replied to appeal asking for scan of parking permit within two weeks, seemed to construe the appeal that I was waiting on a replacement permit when I had in fact not been issued one.
Couldn’t comply with VCS demand as permits are obtained by the landlords and not tenants from “estate management company”.
Second VCS reply stating that their demands had not been met and therefore the appeal couldn’t be accepted.
Complained to Landlord, who requested the PCN numbers which he would then pass on to “estate management company”. who employ VCS to manage the Estate parking
All further VCS correspondence ignored
Repeatedly asked the Landlord for parking permit, and progress on the “fines”, no response
Complained to “estate management company” over the phone, sent an email with required info to the member of inresidence recommended over the phone.
Received Letter before claim, called “estate management company” to find my email hadn’t been read, promised to send the required info to VCS to cancel the “fines”
Received money claim letter, called “estate management company “and forwarded a scan of the letter by email, would resend the info to VCS


Surely one of my best arguments is that VCS (at the time of the incidents) were employed by the estate management company to manage the parking, and yet they have repeatedly ignored requests by their employers to cancel the fines in question? That would rubbish any idea of authority they have over the spaces if their employer doesnt want them to pursue the case?

The_Deep

IMO PPCs should be barred from all residential car parks, they lower rental value and resale prices.

Please read this

https://parking-prankster.blogspot.com/2016/11/residential-

and complain to your MP.

They are obviously trying to scam you and Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.
parking.html

beamerguy

VCS must obey their master.

Ask for a copy of the letter instructing VCS to cancel. Advise the
estate management company that if this not resolved, you will involve them in any court action.

Also advise the estate management company that VCS might lie to them with such rubbish that it can no longer be cancelled due the court stage. This can be cancelled right up to court day.

Such cases can be claimed as unreasonable by VCS, dismissed by the judge and costs awarded in your favour

The estate management company should now consider sacking VCS, they won't be the first, as they are not in the interests of the estate.
VCS are only interested in £100 charges and not car park management

Alster370

VCS must obey their master.

Ask for a copy of the letter instructing VCS to cancel. Advise the
estate management company that if this not resolved, you will involve them in any court action.

Im ahead on that one, asked the representative for all his correspondence with VCS on my behalf, as it forms part of my defense. He keeps skirting the request, and simply states that he will forward VCS reply to me when he recieves it. Makes me wonder whether he has contacted VCS at all.

beamerguy

Alster370 wrote: »

Im ahead on that one, asked the representative for all his correspondence with VCS on my behalf, as it forms part of my defense. He keeps skirting the request, and simply states that he will forward VCS reply to me when he recieves it. Makes me wonder whether he has contacted VCS at all.

And that is where he might wake up if you call him as a witness in court. If he fails to tell the truth to a judge ...... sure you know just how a court will react ????