vcs County Court Clai

Mango79

Hi,


I have received a county court claim form Issue date 21st June from VCS for breach of contract for breaching the terms and conditions set on private land due to not displaying a valid ticket/permit in June 2015.


I sent the SAR request when I received the LBC and have been sent numerous photos of my car, a copy of the original PCN and details of my claim from I assume their online system.
I didn't ( foolishly) ask for photos of the signage or the PDT machine as I don't even know where the car park is so didn't know it was a pay and display one.

Whilst I was the owner / keeper of the car at the time I know I wasn't the driver but will struggle to prove this due to it being so long ago.


I have completed my AOS but would like some advice on how I can defend this, or points to the right threads on how to defend this. I have read the newbies thread but won't lie I find the defence parts quite confusing so any help would be appreciated.


Thanks in advance

KeithP

Mango79 wrote: »

I have received a county court claim form Issue date 21st June...

With a Claim Issue Date of 21st June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 24th July 2019 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but please 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.

You need to be reading post #2 of the NEWBIES thread to find out exactly how to compile a winning Defence.

Coupon-mad

Why not just read all the other VCS defences about 2015 PCNs; it will help a lot.

Whilst I was the owner / keeper of the car at the time I know I wasn't the driver but will struggle to prove this due to it being so long ago.

It's VCS' case to prove as Claimant. Not your job.

Mango79

Why not just read all the other VCS defences about 2015 PCNs; it will help a lot.
“
Thanks. How do I do this? Just using search or is there an easier way to find all these cases?

The_Deep

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.

nosferatu1001

Search by POST on here.
If youve read the newbies thread, post 2, you should also have a good idea how to look.

Le_Kirk

Mango79 wrote: »

Thanks. How do I do this? Just using search or is there an easier way to find all these cases?

On the first page of the parking forum, click on the "Search this Forum" button, then, when the dialogue box opens, click on Advanced Search. You will be presented with a larger dialogue box. Use VCS as your search word(s) and click the radio button towards the bottom to change from Threads to Posts. If you want to narrow the search, use the "User Name" box to input Coupon-mad, then your search words and the radio button.

Mango79

Hi,

Thanks for all the help, input below is my defence. I would really appreciate it if someone was able to review it for me and let me know if it is acceptable / any changes I should make.

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

2. The Defendant was the registered keeper of the vehicle in question. The particulars of the claim, state the legal basis is brought against the Defendant for ‘breach in advertised terms and conditions; namely parking without displaying a valid ticket / permit.’ However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct when parking in the Corn Exchange 12/06/2015 at 00:22

2.1. Any breach is denied, and it is further denied that there was any agreement to pay the Claimant's £60 'Parking Charge Notice ('PCN')' or £100 if not paid within 28 days from the PCN notice.

3. The Particulars of Claim state that the Defendant; was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.

4. The Defendant was the registered keeper of the vehicle. ‘Keeper liability’ under Schedule 4 of the Protection of Freedoms Act 2012 (“the POFA”) is dependent upon full compliance with that Act. It is submitted that the Claimant’s Parking Charge Notice and/or Notice to the Keeper failed to comply with the statutory wording and/or deadlines set by the POFA. Any non-compliance voids any right to ‘keeper liability’.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

6. The Claimant is put to strict proof of full compliance that it has sufficient proprietary interest in the land under the correct address, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

7. In addition to the original PCN penalty, for which liability is denied, the Claimants have artificially inflated the value of the Claim by adding purported added 'costs' of £60. Not only is this an abuse of process as such costs not permitted (CPR 27.14) but the Defendant believes that the Claimant has not incurred contractual costs.

8. The Claimant may try to rely upon ParkingEye Ltd v Beavis [2015] UKSC 67. However, with no 'legitimate interest' excuse for charging this unconscionable sum given the above facts, this Claimant is fully aware that their claim is reduced to an unrecoverable penalty and must fail.

9. The Claimant may try to rely on Combined Parking Solutions Ltd v AJH Films Ltd [2015] EWCA Civ 1453. However the vehicle is not registered to the Defendant as a company vehicle and there is no Employer liability holding the Defendant liable for the actions of the Driver.

10. 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 statement are true

Coupon-mad

DEFENCE STATEMENT

Nope, just DEFENCE.

In #5 shouldn't you be saying that (I assume) the car park was pitch black and unlit after midnight and hence no terms were seen or able to seek out even if the driver had tried? That's what I deduce might be true? If so, say so!

Are you going to defend as admitted driver, majoring on unlit signs (was it a permit or a pay car park?).

What were the facts, did you have a permit or PDT machine ticket?

Or, have you never told them in any appeal who was driving, and are you therefore going to defend as registered keeper, in the knowledge that in 2015 VCS didn't use the POFA wording required to hold a keeper liable? Like here:

https://forums.moneysavingexpert.com/discussion/comment/76055291#Comment_76055291

Their defence is much stronger then yours, so read the whole thread as well as what I said in reply there. Then show us your draft #2.

Mango79

Thanks.
I wasn’t the driver and haven’t let them know who it was so going to defend as keeper .
I had wondered whether I should put about the time and ability to see clearly of The photos they have provided support this as well.

Will update tomorrow evening. Thanks once again

Coupon-mad

I wasn’t the driver

I didn't see that in the defence, nor much about the POFA (like the linked one).

So work that all in, plus they have all the stuff about the fake added costs, more than yours does so far.