VCS Claim Form - Days To Go Before Defence Due - Wife Has Just Told me About it!!!

babeandbp

Hello Everyone and thanks for reading what is essentially a desperate plea.
In a nutshell my wife has only just fessed up that she received a PCN for fail to display on private wasteland near where she works way back in February 2015. VCS were behind it and having thought she'd managed to fend them off she's now received a Claim Form from the CC Northampton Business Centre. Needless to say, her panic has led to her confession and angry as I am I want to do all that I can to a) help her out and b) not give in to these horrible scumbags. She's even gone so far as to complete the online AOS and so we now have about ten days left in which to provide our defence. I've gone through all of the Newbie FAQ's and posts as well as everything else I can but try as I may I cannot find a defence template for these (or even similar) circumstances. The bottom line is that VCS and indeed nobody else has ever had permission to operate their pop-up on the land in question. They've gone so far as to put in planning permission with Newcastle City Council and this was rejected. They appealed the decision and this was rejected by The Secretary of State for Communities and Local Government back in 2015 - not long before the ticket was issued. I've been trying to find a template for illegality and I just cannot find one for the life of me. I DO have copies of all the appeal/rejection documents. Can anyone please help me with a template at all?

Fruitcake

Have you found the guide to court written by bargepole in post 2 of the NEWBIES yet?

That will be her starting point and sets out the timescales when the defence and witness statements have to be submitted.
Nothing can be done in your name but you can help and can attend as a lay representative, but she will need to attend. Hopefully she didn't put anything in the defence box when she did the AoS otherwise that becomes the defence and can't be added to later.

beamerguy

There is no such template for your case

Surely, as you have copies of the rejection notices, they have no authority to operate on the land.

That must be your main defence

And, if they have added a further £60 which is fake, then you should read this

https://forums.moneysavingexpert.com/discussion/comment/75930070#Comment_75930070

The_Deep

It might be worth telling the council that they are operating a business on this land, ans copying it to Trading Standards.

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. i

babeandbp

Thanks everyone for your responses thus far, which I really appreciate. I'm aware of all the timescales in terms of what needs to be done etc, and thankfully she didn't tick the defence box - so I'll let her off with that one - it's the compilation of the defence thats got me beat. Looking at the one's listed on the Newbies thread they all contain lots of legal speak and links to similar cases, but I can find no cases at all. I just have the copies of the Secretary of State's decision and all those that led up to it. Would it be suffice just to perhaps link to that (or include copies with the defence itself) and simply state in plain English that neither VCS or any other company have ever had permission to operate on that particular piece of land? Thanks again for all of the input.
Ps. The ticket dates back to 2015 so the council are fully aware and the land is now properly fenced off so that no more scammers can peddle their evil ways.

KeithP

What is the Issue Date on the Claim Form?

babeandbp

The issue date is May 28th, so by my reckoning that gives me til June 30th to get her defence in (she's completed the AOS). Like I say, I've read the Newbie thread quite comprehensively and I'm okay with the dates and what needs to be done etc. Its just how to word the defence that is so bloody difficult. Annoys me SO much that we have to go to all of these lengths to defend ourselves when its the VCS scumbags who were clearly acting illegally in the first place.

KeithP

babeandbp wrote: »

The issue date is May 28th, so by my reckoning that gives me til June 30th to get her defence in (she's completed the AOS).

Hopefully the Acknowledgement of Service was done before 4pm yesterday.

As 30th June is a Sunday, you have until 4pm on the next working day to file your Defence.

I know you said you were happy with the process, but maybe there is something here that is useful...


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 nearly 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.

babeandbp

Thanks so much Keith. Very much appreciated. As you say I have a few days yet to compile the defence so I'll keep on beavering away and listen to any advice you or other members have to offer. Thank you to everyone for taking the time. God, I'm not gonna know what to do with all the brownie points that this is gonna get me!

KeithP

babeandbp wrote: »

Its just how to word the defence that is so bloody difficult.

Pay particular attention to the concise sample Defences written by bargepole that are linked from post #2 of the NEWBIES thread.

Pick the right one and it will only need a few words adjusting to fit your circumstances.

Half_way

February 2015 was over 3 years ago, most if not all PPCs at that time failed to comply with PoFA.
with it being that long ago it may be hard to know who was driving - you could have given your wife a lift inn, some one else ( ie a work colleague or friend) could have been driving.


Do not make any attempt to guess as to who may have been driving.


non compliance with the requirements of PoFA+ the length of time to bring the claim should work in your/the registered keepers favour