VCS court date

ehupduck

Just re-read the PCN from VCS:


" Please be warned that, if after 28 days the PC specified in this notice has not been paid in full and we do not know the name of the driver, we will have the right to recover from the registered keeper the unpaid balance of the parking charge."


Do they 'have a right' as the contract is surely between the PPC and the driver?

beamerguy

ehupduck wrote: »

Just re-read the PCN from VCS:


" Please be warned that, if after 28 days the PC specified in this notice has not been paid in full and we do not know the name of the driver, we will have the right to recover from the registered keeper the unpaid balance of the parking charge."


Do they 'have a right' as the contract is surely between the PPC and the driver?

In desperation to find out who the driver is .... nobody knows ?

And this sign https://ibb.co/NSNNjR6

"they may request the registered keeper's details from the DVLA to trace the driver"

Such rubbish ... the DVLA only provides the name and address of the registered keeper .... such info does not remotely show who the driver is/was/never

FALSE INFORMATION BY VCS

Coupon-mad

ehupduck wrote: »

Just re-read the PCN from VCS:

" Please be warned that, if after 28 days the PC specified in this notice has not been paid in full and we do not know the name of the driver, we will have the right to recover from the registered keeper the unpaid balance of the parking charge."

Do they 'have a right' as the contract is surely between the PPC and the driver?

Yes. Did you not read the POFA, where those words are mandatory?

You are quoting words that they have to say, and here too:

Noted on a VCS sign :

It you fail to comply with these terms and conditions VCS Ltd and /or it's agents may request the registered keeper's details from the DVLA to trace the driver responsible.

It alludes that the keeper and the driver are the same person. The only details that they can get from the DVLA are the Keeper details ......nothing more. I think this paragraph is deliberately misleading.

Or is it just the way I've read it?

Yes in both cases. This is normal wording.

ehupduck

Just got my Directions questionnaire - seems pretty straightforward.


Said no to mediation :-)

nosferatu1001

Yep, and the newbies thread has a step by stpe guide
Just rememebr that, from here on out, you send documents to the court AND to the claimant. If you do not serve on the claimant they can cause you a world of hurt.

ehupduck

Thanks Nosferatu


I have received a very prompt reply from the DVLA stating that the Keeper details were requested on the 29th ( just 5 days after the parking charge notice!)


No surprise , but I haven't received anything from VCS regarding my SAR request 3 weeks ago.


Should I send VCS a copy of my witness statement ? The only email address I can find for them is the generic [EMAIL="info@vehiclecontrol.co.uk"]info@vehiclecontrol.co.uk[/EMAIL] or would recorded delivery be better.


regards

nosferatu1001

You must send them a copy, as the courts order tells you to serve on all parties

If you have their permission to serve via email, then yes. Otherwise FIRST CLASS POST with proof of posting, as every single post says

ehupduck

Finally got a witness statement from VCS - court date mid Oct. Gives me just 10 days to send in a 'written statement of evidence'.

I have read the , very long witness statement from VCs and they quote various precedence Thornton v Shoe Lane Parking 1971 2 QB 163
Vine v Waltham Forest LBC (2002) 1 WLR 2383,2390
Parking Eye v Beavis (2015)
VCS v Crutchley
Chaplair Ltd v Kumari 2015 EWCA 798

It is a long and detailed statement, my mind is well and truly boggled!!
Should I scan and post the statement?

Help appreciated.:-(

Le_Kirk

I am sure it has been seen before ............. for just about every single VCS case. It has been entitled VCS cut & paste drivel. If you search the forum you may find advice in the form of defendant's witness statements along the lines of "the claimant may try to rely on XXXX but this does not apply in this case because ......."

beamerguy

ehupduck wrote: »

Finally got a witness statement from VCS - court date mid Oct. Gives me just 10 days to send in a 'written statement of evidence'.

I have read the , very long witness statement from VCs and they quote various precedence Thornton v Shoe Lane Parking 1971 2 QB 163
Vine v Waltham Forest LBC (2002) 1 WLR 2383,2390
Parking Eye v Beavis (2015)
VCS v Crutchley
Chaplair Ltd v Kumari 2015 EWCA 798

It is a long and detailed statement, my mind is well and truly boggled!!
Should I scan and post the statement?

Help appreciated.:-(

Of course they quote other cases, it's all part of the scare tactics

Just as much as you can quote their failures when they used BWLegal.
https://forums.moneysavingexpert.com/discussion/comment/72775365#Comment_72775365

VCS/EXCEL = SAME SET UP

BUT ..... did they tell you that recently they got spanked in court for ABUSE OF PROCESS and no doubt more will follow

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

POST # 105

VCS .... ABUSE OF PROCESS

CLAIM FROM VCS IS STRUCK OUT

Caernarfon Court
District Judge Jones-Evans
Case number FTQZ4W28
4TH SEPTEMBER 2019