Vehicle Control Services

NM123

How do I attach letter?


QUOTE=adam5816;75988143]Hey the link that I posted was to the Newbies FAQ written by Coupon-Mad which is extremely helpful.

Based on the FAQ, you would look for VCS data protection section on their website and contact them with an SAR - this would be free. Ask for (as a minim
- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

This way you will know what they hold on you and all the information regarding the allegation as it was a while back. - Another member should respond soon with timelines you should expect with a small courts claim as I am still a newbie my self.

Who has sent you the court claim, is it possible you could post a redacted letter. (Ensure you remove an identifiable details on the letter)[/QUOTE]

Coupon-mad

We don't want or need to see a standard letter everyone gets.

NM123

deleted post on Acidtest as requested

NM123

Ok Ill read through other people defence but if im honest I dont no what to say as I dont recall getting the notice and I ignore the letter they sent as thought it wasn't a council one and after that I heard nothing so not sure what my defence would be
I feel stressed already

KeithP

NM123 wrote: »

The county court business centre in Northampton issued this on the 27th June on behalf of vehicle control

NM123 wrote: »

Sorry dont think I made it clear I have done the AoS saying im defending the claim

With a Claim Issue Date of 27th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 30th July 2019 to file your Defence.

That's over 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.

NM123

Hi I’ve been reading the newbie post about how to write up a defence and none of the links relate to me so I’m u site what my defence would be

Can someone help and guide me as to which one would be more suitable to my situation. It was 4 years ago and I have no idea about what happened that day and if it was me who parked there but I know it’s my responsibility as the car was registered in my name at my previous address

I can’t believe they wrote to me at my new address Guess they searched on the electoral roll

Anyways like I said I did get a letter a few
Months later which I ignored but never heard again therefore assumed that was the end of it

The claim letter says parked without purchasing a valid and display ticket - which is unlikely for me as I alway purchase a ticket
Which makes me think 2 thing
1 it wasn’t me driving
2 if it was me then my ticket expired and I was late getting back to me car - but saying parked without a valid pay and display makes me think it wasn’t me

I’m really confused as to what to do

NM123

Any help and guidance would be appreciated and thanks in advance

Coupon-mad

So I should get a solicitor involved?

NO.

We do this every day for free and help 99% of ordinary scared people to win!

The claim letter says parked without purchasing a valid and display ticket - which is unlikely for me as I always purchase a ticket
Which makes me think 2 thing
1 it wasn’t me driving
2 if it was me then my ticket expired and I was late getting back to me car - but saying parked without a valid pay and display makes me think it wasn’t me

I think this (below) is more likely:

3. The tariff was paid but a typo made with the VRN (or keypad system error) at the machine - a standard scam and in fact VCS and their sister firm, Excel Parking, have 'form' for dodgy old Parkeon PDT machines that spit out void Pay & Display tickets through no fault of drivers:

http://parking-prankster.blogspot.com/2016/10/peel-centre-machine-failure-transcript.html

Adapt the wrong VRN example defence, as seen in the NEWBIES thread, I am sure there is one there about that.

Add in your #1 and #2 possibilities as well and state that the Defendant has no idea what the claim is about really and is having to guess and cover all eventualities, and most probably was not driving as he has no recollection of this event and never avoids paying tariffs for parking.

Then, read beamerguy's Abuse of Process thread and grab the standard ending I wrote that mentions DJ Grand at the IOW court. Add suitable paragraph numbers please to all paragraphs, and you will have done it!

NM123

Hi I tried looking for the above and could not find anything

However I did find this so I have tried to amend it as best a possible

This is my first version so I know I will have to edit it - I dont think this flows the way it needs to so really appreciate some more help - Im really struggling as the technical jargon is way over my intellect and trying to find the threads you have suggest has proved somewhat difficult - I even searcher key words but nothing came up

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

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, appears from the sparse evidence supplied by this Claimant, to be parked in Albert Street Car park .

2.1. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

2.2. Accordingly, it is denied that any contravention or breach any notice was given, and it is denied that the driver was properly informed about any parking charge, either by signage or by a CN.

3. The Particulars of Claim does not state whether they believe 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. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

3.1 The tariff was paid but a typo made with the VRN (or keypad system error) at the machine - a standard scam have 'form' for dodgy old Parkeon PDT machines that spit out void Pay & Display tickets through no fault of drivers.

3.2 The Defendant has no idea what the claim is about really and is having to guess and cover all eventualities, which are either she was not driving the car as other members have had access to her car and believes she was driving as she has no recollection of this event and never avoids paying tariffs for parking.

3.3 The other possibility could be that time expired and she was late getting to her car, and therefore the charge of £185 is not in proportion to the time spent in the car park.

3.4 The Defendant also thinks that a ticket was purchased but could have fallen of the dash board when displayed.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass.

4.1. At best, parking without authorisation could be a matter for the landowner to pursue, in the event that damages were caused by a trespass. A parking charge cannot be dressed up by a non-landowner parking firm, as a fee, or a sum in damages owed to that firm for positively inviting and allowing a car to trespass. Not only is this a nonsense, but the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67, confirmed that ParkingEye could not have pursued a sum in damages or for trespass.

4.2 County Court transcripts supporting the Defendant's position will be adduced, and in all respects, the Beavis case is distinguished.

5. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue pieces of paper that are not 'charge notices', and to pursue payment by means of litigation.

5.1. It is suggested that this novel twist (unsupported by the Protection of Freedoms Act 2012, Schedule 4 - the 'POFA') of placing hybrid notes stating 'this is NOT a Parking Charge Notice' on cars, then ambushing the registered keeper with a premature postal NTK, well before the timeline set out in paragraph 8 of the POFA, is unlikely to have been in the contemplation of the Claimant's principal.

5.2. It is averred that the landowner contract, if there is one that was in existence at the material time, is likely to define and provide that the Claimant can issue 'parking charge notices' (or CNs) to cars - following the procedure set out in paragraph 8 of the POFA - or alternatively, postal PCNs where there was no opportunity to serve a CN (e.g. in non-manned ANPR camera car parks, and as set out in paragraph 9 of the POFA). The Claimant is put to strict proof of its authority to issue hybrid non-CNs, which are neither one thing nor the other, and create no certainty of contract or charge whatsoever.

6. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

7. 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.

NM123

Ok so I have had a reply from VCS - I dont have the PCN number so how do I reply to this


This is to acknowledge receipt of your correspondence regarding a copy of personal data we hold under your name in-line with The General Data Protection Regulation (GDPR) and The Data Protection Act 2018.

You must appreciate that for the purpose of Data Protection we cannot disclose details in respect of this matter without being sure of the identity of the person making the request. The Information Commissioner's Office states "If you have doubts about the identity of the person making the request you can ask for more information". We note you have provided your name and address details however, we would require further details to enable us to locate and provide any data held. We hope you will appreciate a search under your surname returns a number of PCN accounts.

Please note that the period allowed for us to respond to the request for this information, begins when we receive the additional information necessary to ascertain the identity of the person applying for a copy of their personal data.

Therefore in order for us to proceed, we require you to supply the following details as soon as possible:

CHARGE NOTICE NUMBER:

Or

VEHICLE REGISTRATION No:

The information to be sent may contain a number of PDF documents and/or zip files which will be of a large data size. It is your responsibility to ensure that you are able to both receive and open the files and to check your spam/junk folders at regular intervals.

The requested information will be sent to your confirmed email address unless, we receive confirmation from you that it is to be provided via a secure third party file transfer host, for example WeTransfer.