VCS claim form - Parking in restricted prohibited area

edwardwoodward

The registered owner of the car was made first aware of this charge of allegedly parking in a restricted area 4 weeks after paying for a ticket . Nothing was stuck to the vehicle on their return to the car park ( I use this reference lightly... its a just dirt hole with more holes than a sieve... in-fact I slid on the gravel and twisted my ankle and hurt my hip on the unlevel untarmaced surface going to photograph the parking area and signs ... so I might be looking at putting a claim in against the landowner for a fall and injury... maybe Gladstone's will do my claim for me!

back to thread...
The one and only letter received despite them claiming to of sent one 8 days after said offence which was never received . The letter was addressed to the registered keeper who goes away often ( I know this is no defence this is just to demonstrate all mail is opened in one go on their return, unless its mail which was expected or urgent and these letters come in plain white envelopes with no indication of the sender till opened , so wasn't opened in registered keepers absence). On their return 4 weeks after the allege offence to the only one letter stating a letter with NTK was sent 4 weeks and this only letted stated this was now was a final demand for payment , so 4 weeks since the parking offence alleged to of taken place, now they couldn't appeal.!

this Final demand came with no photos attached, just the contravention reason as 81 Parking in a restricted prohibited area. No other letters were addressed to the registered keeper and no other letters have since arrived as this has been closely monitored for the standard bull debt letters I was expecting but nothing, until 1 week ago ( we have returned from been away ) to a claim form arriving with an issue date of the 29th April, it was opened last night on arrival back

I've read the newbie threads and I have tried to search for specific advice on a defence to put in the claim form for alleged parking in a restricted or probated area. ( there is no signage I was able to locate, infact there are no painted bays and twice this week the area flood lights were not working when I went to photograph ( its well documented on a review sight this site is known for a machine not working either ) Signs are in place, hence why they paid! but no area is shown as prohibited and the night the alleged offence took place this car park was nearly empty at the time of arrival as it was dark and late in the evening and its in a very secluded location. (I know this is irrelevant just putting context!)

Would anyone be able to sign post me a link to a defence template for the delightful mr Simon Renshaw to read, as I'm conscious from reading through that some people add to much text that the JD will use against the claimant so want to ensure I have concise and relevant text, also is it also worth changing the details of the registered keeper to one of the authorised drivers as they might be moving overseas in the event of going to court to defend.

thanks in advance

Coupon-mad

I have tried to search for specific advice on a defence to put in the claim form

You don't write anything on any forms. We email signed defences to the CCBC.

Would anyone be able to sign post me a link to a defence template for the delightful mr Simon Renshaw to read, as I'm conscious from reading through that some people add to much text that the JD will use against the claimant so want to ensure I have concise and relevant text,

Most people adapt bargepole's concise defence examples in the NEWBIES thread.

Or just search the forum for:

VCS defence trespass true

or

VCS defence Renshaw-Smith signs

Sit down & read at least a dozen VCS defences from recent months only, and adapt one.

also is it also worth changing the details of the registered keeper to one of the authorised drivers

You CANNOT change the Defendant now.

What's the issue date of the N1 claim (top right)?

edwardwoodward

thank you.
I saw the bit about typing and converting into PDF format so will do that. is there a reason why this is done?


I will doing my reading today.. thank you

The N1 date was 29th April total amount is now £185 so gone from whatever the original request was ( I don't know as there was never a letter sent! to the final demand of £100 and now its £160 + 25 Court costs.

The_Deep

If parking is prohibited then you cannot contract to do so. No contract therefore no breach of contract. Read this

http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

They are obviously trying to scam you so complain to your MP.

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.

Coupon-mad

I saw the bit about typing and converting into PDF format so will do that. is there a reason why this is done?

Bargepole explains why not to use MCOL for filing defences, in his Court Procedures thread, linked by me in the sticky under the red heading: 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

I tell you this as you need to read that thread by bargepole.

edwardwoodward

So i'm I correct in thinking , I have to respond to the claim form to acknowledge it, but don't put anything at all in my defence ?

Coupon-mad

You will see how to do this in the NEWBIES thread.

Doing the AOS online via MCOL is completely separate choice from defending.

DO NOT tick 'start defence'. There is a pictorial walk-through AOS in the sticky thread to stop us having to explain this every time.

KeithP

With a Claim Issue Date of 29th April, you have until Monday 20th May 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 3rd June 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 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.

edwardwoodward

Thank you Keith. Thats great. I thought I had to have to sent by the end of this week so gives me more time to read up on threads...

Coupon-mad

You thought you had one week only? You have twice that time just for the acknowledgement!

edwardwoodward

I initially thought you had 14 days to reply to the claim form from the date on the front with a defence, and I wanted to get it in before the 14 days , but knowing now i've a bit more time means I can read more cases... and I can now start my claim against them for my fall due to the state of the area and pot holes.....