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Letter Before Claim - VCS (not driver or registered keeper)

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
4 replies 248 views
Kaz88Kaz88 Forumite
2 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hello all,

I have just received a letter from VCS regarding a PCN dated 28/02/2015.

I am not the registered keeper nor the driver of the vehicle. The driver of the vehicle who came to visit me, parked in my allocated space. I gave him my parking permit to display on his dashboard. When he got back to the car he had received a PCN. He said he found the parking permit on the floor.

I emailed VCS with a copy of my parking permit, stating that it was not displayed properly by the driver & whether they can wave the parking fine. In this email I disclosed the name of the driver (not me).

Now fast forward 4 years, and I have received an "letter before claim" from VCS. I have phoned VCS up and said I am not the registered keeper, not driver of the vehicle. They argue saying that since I emailed them, I have taken responsibility for this claim. I tried to explain that the email I sent to them clearly stated the name of the driver this was regarding.

On top of this, they were extremely aggressive on the phone call, repeatedly not allowing me to get a word in!

Can you please advise me how I should proceed with this?

Replies

  • Coupon-madCoupon-mad Forumite
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    Kaz88 wrote: »
    On top of this, they were extremely aggressive on the phone call, repeatedly not allowing me to get a word in!
    Why do people phone scammers and expect a normal conversation?

    Same here earlier, why do people not smell a scam and come here first?

    https://forums.moneysavingexpert.com/showthread.php?t=5995894

    and another person, who also phoned (why?):

    https://forums.moneysavingexpert.com/showthread.php?p=75757594#post75757594

    Please read those - your case is the same. Read the advice.

    WHAT HAPPENED WHEN YOU COMPLAINED TO THE LANDOWNER?

    WHICH LOCATION/CAR PARK?

    If they try a small claim this will be your main defence, they have the wrong person - you CANNOT be held legally liable!
    I am not the registered keeper nor the driver of the vehicle.

    STOP phoning.

    What do you need to know about LBC stage that you have not already read when you first of all, read the 2nd post about LBCs, in:

    NEWBIES PLEASE READ THESE FAQS FIRST

    I hope they proceed with a claim as they will have no hope whatsoever as long as you defend it clearly and properly with our help!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kaz88Kaz88 Forumite
    2 Posts
    Good Evening everyone,

    I have received a County Claim from VCS today. I would be most grateful is someone can assist in writing my defence.

    The vehicle the CN relates to has never been driven, owned, registered by or to me. The driver of this vehicle visited me in 2015, and borrowed my parking permit to display on his car. When he had gotten back to the vehicle he had received the parking fine, he says he found the permit on the floor.

    On the drivers request, I emailed VCS stating this, and asked for them to waive the parking fine. In this email I clearly stated the drivers name (not me).

    VCS is trying to pin the charge on me based on me sending the email.

    I would really appreciate if someone can help me writing the defence. I intend to refute the full claim based on the above.
  • edited 30 May 2019 at 9:33PM
    KeithPKeithP Forumite
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    edited 30 May 2019 at 9:33PM
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?

    As Coupon-mad told you a month ago, you have every chance of winning this.
  • Coupon-madCoupon-mad Forumite
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    I would really appreciate if someone can help me writing the defence.
    We already have.

    All you need to do is use bargepole's concise defence as a base, and then add you own vital facts that you told us:
    The vehicle the CN relates to has never been driven, owned, registered by or to me. The driver of this vehicle visited me in 2015, and borrowed my parking permit to display on his car. When he had gotten back to the vehicle he had received the parking fine, he says he found the permit on the floor.

    On the drivers request, I emailed VCS stating this, and asked for them to waive the parking fine. In this email I clearly stated the drivers name (not me).

    VCS is trying to pin the charge on me based on me sending the email.
    Instead of ''I'' and ''me'' you will see the example defences are written in the third person, as 'The Defendant'' and of course you wouldn't use slang in a defence like 'pin the charge on the Defendant'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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