Vehicle Control Services

NM123

Assuming the above it correct can i confirm that I send this via email to VCS and email it to the courts or did I need to print and sign and send via post

I remember reading something about sending it via email as long as I print and scan it then attach as a PDF to avoid post - Is that correct

Guy you all have been amazing - I cant thank you enough for helping me

KeithP

Your memory needs refreshing.

Please re-read post #16 above - in your very own thread.

It's only four days since that post was written.

1505grandad

Para 9 - does the Court produce it's own honey lol?

Coupon-mad

Put a sub-heading above #23:

Duplicate facts claims from the same vexatious claimant - need to be consolidated

And as well as the 'bee' typo, change this to make it less likely you were driving:

2.1 The Defendant has no idea what the claim is about really and is having to guess and cover all eventualities, which are either, the defendant was not driving the car as other members have had access to the car. The defendant has honest belief that any third parties using her car would have displayed a valid pay and display ticket, however as this charge is from over four years ago has no idea who to ask about it, and there would be no possibility of anyone keeping the Pay & Display ticket.

2.2. The facts are that the vehicle, registration XXXXXX, of which the Defendant is the registered keeper, was parked in Albert Street car park could have been used on the material date by a third party driver (family member or friend allowed to driver this car) and that the defendant was neither driving nor present.

2.3 If perhaps 'failure to pay' is the allegation, this is denied. The Defendant believes that, on the balance of probabilities, it was not likely to have been her driving because she has no recollection of this event and never avoids paying tariffs for parking and is a law abiding citizen. In the absence of full and clear particulars to support this vague robo-claim, the Defendant is having to guess what might have happened to lead to a wrong and unevidenced allegation of failing to pay for the stay.

2.4 If perhaps 'failure to display' is the allegation, this is denied. The Defendant knows that if they were parked there then a ticket would have been purchased and displayed, but could have fallen from the dash board at some unknown point after being displayed.

2.5 If perhaps 'overstay beyond paid-for time' is the allegation, this is denied. If the driver overstayed then it is the Claimant's burden to prove their case, being mindful at all times of the IPC and Parliamentary requirements for a 'transaction period' (otherwise known as an 'observation' period of grace of several minutes) on arrival, in addition to a final 'grace period' at the end of paid-for time that must be a minimum of ten minutes in its own right, during which penalty enforcement must not take place.

2.6 If perhaps 'wrong VRN on the system' is the allegation, this too is denied. This Claimant and their sister parking firm Excel are both known to use old Metric or Parkeon Pay & Display Ticket (PDT) machines with faded keypads set out in a way that is not only not user-friendly but actually sets drivers up to fail and incur a penalty. Cases have been reported where sites run by VCS or Excel have PDT machines that issue void tickets even though the driver has input the right VRN. The Defendant is confident that whoever was driving would have input the right VRN and even if the system has recorded a wrong VRN, the payment and time would have been clear and obvious to the Claimant as to which car it related to, and any fault is more than likely to have been caused by the Claimant's faded keypad system and faulty PDT machines failing to record correctly, the VRN that was input in good faith.

Give all paragraphs in #23 a number, e.g. 23.1, etc.

And remove 'In summary' from the start of #21 as it isn't near the end now, so not a summary!

Very good defence IMHO.

NM123

Thank you all for your help

Im about to scan and send to the courts as adviced

Just to confirm shall I send to VCS aswell?

nosferatu1001

Given the court explicitly orders you to do this, then yes!

You are ordered to serve on all parties and file with the court.

NM123

RIght Ill do this straight away and I will give you and update once I hear anything

Hopefully, the court will throw this out

NM123

Hi guys

I have received a notice of proposed allocation to the small claim track (n180)

Is this the questionnaire you were on about?

Does anyone know where the thread about this form it and how to fill it out ?

There something in hear about if I sound like to settle case without going to court- am I right in thinking that I want to go to court all the way?

Thanks in advance

Le_Kirk

This is the DQ and should be filled out as per the instruction you will find in the NEWBIE sticky in one of Bargepole's posts marked Know what you must do and by when, use this link if you cannot find it.

NM123

Thank you all done and will be posted today

the note about gladstone D1 opposing paper hearing shall I add that bit in for VCS ?