Defence Drafted: VCS CCBC Claim Form

LouisStrange

Hi,

Summary

1. VCS CCBC Claim Form received
2. 'Claim is for breach of contract - parking in private land'
3. 'Parked without valid ticket / permit'
4. 'At all material times defendant was registered keeper and / or driver'

Fully understand the next step is to acknowledge service - will progress.

I've not been able to locate any information that answers the questions I have.

The claim fails to provide

1. Details of the 'contract'
2. Any supporting evidence
3. No picture of the vehicle
4. No information on the driver

Is this a solid basis for a defense? especially no pictures

Thanks

KeithP

Hi and welcome.

What is the Issue Date on your Claim Form?

LouisStrange

June the 12th

KeithP

With a Claim Issue Date of 12th June, you have until Monday 1st July 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 15th July 2019 to file your Defence.

That's over a month 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.

LouisStrange

Thanks - I capture all that from the forum.

It was the question I had that I couldn't find an answer to - can you help on that?

Jomot

VCS/Excel never properly plead their claims, but evidence / photo's come later, with the witness statement.

If you read through the some previous Excel/VCS posts you'll get the idea.

tboo

LouisStrange wrote: »

The claim fails to provide

1. Details of the 'contract'
2. Any supporting evidence
3. No picture of the vehicle
4. No information on the driver

1,and 2 - They will supply them at a later date

3- If it was ANPR then they don't need to supply evidence of the car

4 - How do you think they know who the driver was, unless you told them

LouisStrange

I don’t believe there was ANPR - this was a residents, gated car park, with key fob access. The resident was in the car and used their key fob for entry.

I don’t think they know, as there has been no communication from this side

LouisStrange

Is it worth doing a SAR?

KeithP

LouisStrange wrote: »

Is it worth doing a SAR?

Well yes, why would you not do a SAR?

LouisStrange

The Newbie thread suggests this as a course of action of the back of LBA.

It occurred to me that there is still more than 30 days to file a defence, so still worth submitting a SAR