VCS court date

ehupduck

Hi, I'm a newbie, I have read the newbie thread and followed advice and am now at the stage where I have to defend my ticket from VCS. I have just logged on to MCOL and submitted my AOS saying that I intend to defend.
Brief history
I parked in a free car park attached to about a dozen shops including charity shops where we take our 'clear outs'.
A yellow 'myparkingcharge' ticket was left on my windscreen on 24/12/2016. The serial number started with VCN. the text is the usual, "the car park operator has reason to believe that this vehicle is parked in contravention of the advertised terms and conditions. As a result a parking charge notice MAY be issued to the registered keeper through the post". Log on using the serial number above etc. I tried to log onto the website for the next 3 days and it didn't recognise the serial number.
30/12/2016 received a NTK from VCS - didn't reply but my details were now on the website along with photos showing my wheels 3 inch into a hatching. - I ignored the NTK
15/02/2017 final reminder.
03/04/17 pay £160.00 NOW
04/2017 letter from DRP - intended court action
05/2017 DRP final settlement offer £136.00 to avoid court
then it went to Zenith - 2 letters
then it went to DCBL - 2 letters - Legal Recovery action
finally back to VCS who sent a letter before claim April this year pay £215.00 NOW.
20/05 Claim form from MCOL
27/05 AOS submitted


"The driver" was taking heavy goods to the charity shop and was parked for only the time it took to heft 3 bags of clothes and 2 x boxes of books etc to the shops almost directly to the rear of the parking space. two trips - 7 to 8 mins total. As soon as the driver saw the notice, they looked for the warden, who must have been very quick off his/her feet as they had disappeared completely!
As they say, No good deed goes unpunished! I felt that I had to contest it just out of principal.


Please advise next step - what basis should I defend on?
yours hopefully

KeithP

Hi and welcome.

What is the Issue Date on your Claim Form?

ehupduck

Issue date 20th may

KeithP

ehupduck wrote: »

Issue date 20th may

With a Claim Issue Date of 20th May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 24th June 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but please 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.

ehupduck

Thank you for your reply ....


I'm away from the 13th to the 21st so need to get this done in the next 10 days really. What am I using as a defence? The notice to keeper was received 6 days after the windscreen PCN. Is this too early to get details from VOSA. Will they argue that it isn't a PCN therefore can apply to VOSA as soon as they like?


I am going this weekend to take photos of the positioning of the signs.


I feel very much out of my depth here but want to make a stand against these b*******. Especially VCS boss who seems to be making a mint out of our misery!

Coupon-mad

VOSA doesn't come into it. DVLA.

What am I using as a defence?

What's wrong with the VCS 'not a PCN' defence template in the NEWBIES thread?

ehupduck

Ok will do that defence. I'll be back on when I've written it up for you to check through.
Thank you

ehupduck

Just realised that the CN was put on my screen on Xmas eve and the NTK was dated 30th Dec Allowing for the Xmas holiday it took less than 4 days for them to get that information. Pretty damn fast...How is that possible?

ehupduck

Been back to the car park and all the signs have been changed. great big things at eye level when sat in the car, white background and one every 5 yards or so. One can assume that the original signs were not fit for purpose so they had to change them. I have taken photos and will add this to my defence.

Coupon-mad

That's a good point.

The_Deep

Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.