VCS invoice for parking on public highway

chris2r

Update 24th September
Filed my witness statement with the court and hand delivered a copy to VCS yesterday.
Come in from work today to find a letter from VCS stating a "Notice of Discontinuance"
I'd class that as a win!

Just want to say thanks to everyone on the forum for their help.

---

Hi
Thanks in advance for any help.


Vehicle received a "ticket" from VCS in 2015.
It was parked on the public highway, albeit a pavement but still received an invoice for parking on private land.

The place the vehicle was parked is round the corner from a commercial premises that repair cars and there is signage that vcs use there but non where the vehicle was.



All their letters where ignored and it was passed to BW Legal in 2017 :rotfl:
They did the usual letters and then phone calls to which was explained to them that they couldn't take to court for parking on the public highway. They stopped after that conversation


Anyway fast forward to May 2019 and another letter from VCS arrives threatening CCJ's/Court etc unless payment is made. Ignored and have now received court papers from the small claims court.
Its been acknowledeged and its going to be defended.


Now where the vehicle was there is zero signage at all, and also the local highways dept have been contacted via email and they have comfirmed that it is indeed a public highway/pavement and where surprised that a private ticket had been issued.


Is that good enough for a defence that we can claim no contract could exist to due to no signage and it being a public highway?

Been back through google street view aswell and no signs have ever been erected either before or since.


Many thanks for reading through that and any help is greatly appreciated.

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to learn about the game you are now caught up in and how to deal with this

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use posts in your thread against you

twhitehousescat

I would invite a representative of the local highways dept to join you in court , after he has given his evidence , he will then be able to organise the serving of papers to VCS legal representative

fisherjim

If you have proof that they are ticketing on public land they are up a gum tree.

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?

BrownTrout

If they have issued a ticket on the highway then you should do a counter claim if they obtained your data from the DVLA

chris2r

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?

Hi
Was issued on 28th May 2019
Yes from the county court business centre.

chris2r

BrownTrout wrote: »

If they have issued a ticket on the highway then you should do a counter claim if they obtained your data from the DVLA

This was something we where going to look into.

It won't be the first "ticket" issued here. I'm sure there is plenty of other people out there who just paid.
Was going to look into some kind of "class action" if thats the correct term so everyone gets refunded at the very least.

KeithP

chris2r wrote: »

Hi
Was issued on 28th May 2019
Yes from the county court business centre.

With a Claim Issue Date of 28th May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 1st July 2019 to file your Defence.

That's two weeks away. Loads of time to produce a good 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.

chris2r

Quentin wrote: »

Did you do an AOS, or have you not responded to the claim at all?

No response at all until CCJ claim form came through.

steve1500

chris2r wrote: »

Hi

Now where the vehicle was there is zero signage at all, and also the local highways dept have been contacted via email and they have comfirmed that it is indeed a public highway/pavement and where surprised that a private ticket had been issued.

.

If VCS are issuing an invoice for parking on the public highway / Pavement & the council confirm that the invoice relates to public land, fill your boots.


Compo under the Data Protection Act. £500 seems a nice round sum.

Threats to credit rating CCJ etc