VCS County Claim

k4ren2006

Hi there.

I'm starting a new thread (hope this is okay) as I'm having trouble with a defence.

The claimant has started proceedings for an alleged charge notice 4 and a half years ago.

Their particulars state date but no address. It simply says the 1st 3 digits of a postcode which encompasses an entire city centre.

Going back to the date - the defendant didn't own (or have access to) that vehicle until some months later.

Shall I keep this simple with the following defence or is there something else I should add....

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. Due to the sparseness of the particulars, it is unclear as to what address the alleged contravention took place.

3. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

Obviously, the vehicle owner for that date has been informed and is happy to prove he owned the car at the time and did not receive a CN. I'm unsure whether to mention the keeper details as I'd like to hold back on this in case there was a CN at a later date so don't really want to be going through this again.

Thanks in advance....Karen x

Fruitcake

You need to do the AoS first if you have received an actual claim.

You need to clarify the situation regarding the owner and keeper, who can be two different people. Unless someone has specifically told the scammers the identity of the owner, the PPC will be pursuing the keeper.

You should use the guide to court written by bargepole you will find in post 2 of the NEWBIES.
If you were not the keeper at the time of the alleged event, you should state this in your defence and therefore the scammers are making a claim from the wrong person.
If you have proof from the DVLA when you became the keeper you should include this or at least make sure you have it ready.

If you can prove you were not the keeper at the time, you should complain to the DVLA that the scammers had no business obtaining your personal data from them.

In all cases you should complain to your MP about this unregulated scam.

At this stage I would not drop the keeper at the date of the alleged event in it, at least don't so it if you like them. Let the scammers do their own dirty work.

One last thing. It's not a good idea to use your real name on here if that is what you have done. You should contact a board guide and ask them to change your username to something that cannot identify you.

The_Deep

They appear to have obtained your details from the DVLA without cause. Why not enter a counter claim and report them to their ATA?

You have not mentioned in the defence that you were neither the driver nor RK at the time of the alleged breach of contract.

k4ren2006

Thanks that what I thought. Yep, we have the email of the data protection officer at the DVLA and will be forwarding him the details so he can look into this and no, they are not going to know the details of the keeper but he is absolutely certain there was no CN whilst he was the owner and keeper and sole user of the vehicle.

I'm reluctant to mention the vehicle was owned by someone else until we have proof from the DVLA (V888 will sort that) and I don't know if we have time.

AoS has been filed. We're happy to drag them to court if necessary but we're absolutely certain there was no CN on that date for that vehicle so I'm curious to see what they've got...a SARS perhaps?

Fruitcake

You don't need to mention anything about who the keeper was at the time. Most people wouldn't know in any case.
You do need to state in your defence that you were not the keeper, and you do need to complain to the DVLA pronto.
At the same time, ask when and who your data was requested.

I agree with The Deep that a counterclaim for DPA/GDPR breach is in order. The going rate for this if you win is about £500, and you do not need to prove any loss in order to claim it.

Please don't forget to complain to your MP about this when you get the time.

Once this is all over, you might want to think about taking the DVLA to task for releasing your personal data without due diligence. They simply hand it out like confetti using an automated system without any human checks to see if the request is valid.
This is the sort of thing your MP should be told as well.

Fruitcake

You should also send an SAR to the scammers as per the NEWBIES to see if they come up with a copy of a PCN.

k4ren2006

That's how we have the data protection officers email address as we've been victim to them handing out our data previously (for another mater).

In fairness, they did investigate fully but the company in question was able to bamboozle them into believing it was a mistake - even the ICO sided with them so I don't take kindly to this sort of thing.

Thanks for your help

The_Deep

Do as FC says and you could do them some damage, several judges are getting !!!!ed off with this particular scammer.

KeithP

What is the Issue Date on your Claim Form?

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

k4ren2006

It's a legitimate claim form and we've been online and filed the AoS.

Their particulars of claim are horrendously sketchy with the claimant stating the CN's contravention taking place at the first half of a city's postcode...surely that's a bit naughty..sorry judge, I don't remember where I was, such a date, 4 and a half years ago within miles and miles of a city and outskirts...unbelievable isn't it? Plus the added bonus of someone else owning, keeping and user of said vehicle

KeithP

I guess you missed my questions.

Here they are again...

KeithP wrote: »

What is the Issue Date on your Claim Form?

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