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VCS - Claim and defence draft
Drifterman210
Posts: 6 Forumite
Hi all,
Sorry in advance for the essay, looking for a bit of assistance in putting together my defence regarding a claim received from VCS parking services for an alleged offence in December....wait for it....2015!!
Any help would be appreciated...
I have read through the Newbies section and believe I am now at the point of creating a defense thread.
Context:
LBC received from VCS in April 2019 following an updated driving licence address.
The LBC stated that unless the debt was settled within 30 days then they would commence legal proceedings.
I had been regularly in/out of the country over the past 3 years with no fixed address and so did not update the driving license until recently. It is possible letters were being sent to an old license address, I cannot say.
I work predominantly in London and only travel back to my home address on occasion, by the time I picked up the Letter Before Claim, legal proceedings had also commenced and a Court Claim received early July 2019.
The LBC relates to a PCN issued for alleged 'breaching terms and conditions' relating to Private Land situated at (location) on (day) December 2015 In (City):
The claim is for £160 (VCS) + £25 (court fee).
The £160 was based on a PCN charge of £100 + £60 debt collection charge
The infringement occurred at the location of my now deceased fathers place of work. My father died in November 2015 and therefore it is plausible that the car was parked outside his office at the weekend.
I vaguely recall lodging an appeal when the 'parking charge notice' (PCN) was received back in 2015, however, I cannot find record of this on my laptop. It may have been done via an online portal. Perhaps VCS have record.
I can’t remember if a notice was fixed to the windscreen or whether it was a letter received in the post. It was 4 years ago about a car which I am no longer the registered keeper of, in a ‘car park’ no longer frequented, for a company that has since moved location.
The parking area would be largely deserted at weekends as it is populated mostly by lawyers and solicitor firms who work only Monday to Friday. However, should a permit have been required the driver would have had use of my father’s/the company's.
Google maps street view shows there is a single 'private property' sign erected on a lamp post in the central area of the car park/private land, but nothing on the perimeter parking areas directly outside the office, which is separated by a through road and pedestrian footpath. In other words it is not very obvious the area directly outside the company office is private parking/land. Google maps also shows a small signs erected on buildings as you turn on to the three streets which lea on to the parking area. This is not in plain view of the driver, they are small, barely legible signs fixed to buildings. There is no indication that they relate specifically to a particular area, they do not point or direct to anything and you would physically have to stop your car, on a steep hill, turn your head 90 degrees to the left/right to even realise a sign was there.
I have read through the newbies section, issued an AoS on the MCOL website and issued a SAR to the DPO at VCS via email listed in their privacy section. I also followed up with an email to VCS standard mailing address, advising them that I have requested an SAR and to stop any further data processing/put the case on hold. However, this may be a little late as I have already received a claim.
Now I need to file a defence. However, I do not have a response from the SAR yet.
Therefore, given the context above and using some of the information/cases linked on the newbies thread, I plan to base my defence on the below statement…
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 was the registered keeper, was parked on the material date in an area outside the Company XXXX offices at XXXX, and had a valid permit to be parked in that bay.
3. The Particulars of Claim state that the Defendant was the registered keeper of the vehicle(s). 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.
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. 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.
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. Contrary to the Claimant’s claim, there are no terms and conditions displayed at the entrance, in fact there is no ‘entrance’, simply an unrestricted street(s) which is accessible by the public/vehicles from at least 3 different routes.
6. No sum payable to this Claimant was accepted nor even known about by the Defendant as they were not given a fair opportunity to discover the onerous terms by which they would later be bound.
7. The signage on and around the site in question was small, unclear and not prominent and did not meet the Independent Parking Community (IPC) Code of Practice. The Claimant was a member of the IPC at the time and committed to follow its requirements. Therefore, no contract has been formed with the Defendant to pay £100.00, or any additional fee charged if unpaid in 28 days.
7. 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 parking charge notices, and to pursue payment by means of litigation.
8. The claim includes an additional £60.00, described as a debt collection charge. The Defendant believes this to be an abuse of process as these charges were not stated as part of the supposed contract. Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim.
9. 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.
Any help would be much appreciated.
Sorry in advance for the essay, looking for a bit of assistance in putting together my defence regarding a claim received from VCS parking services for an alleged offence in December....wait for it....2015!!
Any help would be appreciated...
I have read through the Newbies section and believe I am now at the point of creating a defense thread.
Context:
LBC received from VCS in April 2019 following an updated driving licence address.
The LBC stated that unless the debt was settled within 30 days then they would commence legal proceedings.
I had been regularly in/out of the country over the past 3 years with no fixed address and so did not update the driving license until recently. It is possible letters were being sent to an old license address, I cannot say.
I work predominantly in London and only travel back to my home address on occasion, by the time I picked up the Letter Before Claim, legal proceedings had also commenced and a Court Claim received early July 2019.
The LBC relates to a PCN issued for alleged 'breaching terms and conditions' relating to Private Land situated at (location) on (day) December 2015 In (City):
The claim is for £160 (VCS) + £25 (court fee).
The £160 was based on a PCN charge of £100 + £60 debt collection charge
The infringement occurred at the location of my now deceased fathers place of work. My father died in November 2015 and therefore it is plausible that the car was parked outside his office at the weekend.
I vaguely recall lodging an appeal when the 'parking charge notice' (PCN) was received back in 2015, however, I cannot find record of this on my laptop. It may have been done via an online portal. Perhaps VCS have record.
I can’t remember if a notice was fixed to the windscreen or whether it was a letter received in the post. It was 4 years ago about a car which I am no longer the registered keeper of, in a ‘car park’ no longer frequented, for a company that has since moved location.
The parking area would be largely deserted at weekends as it is populated mostly by lawyers and solicitor firms who work only Monday to Friday. However, should a permit have been required the driver would have had use of my father’s/the company's.
Google maps street view shows there is a single 'private property' sign erected on a lamp post in the central area of the car park/private land, but nothing on the perimeter parking areas directly outside the office, which is separated by a through road and pedestrian footpath. In other words it is not very obvious the area directly outside the company office is private parking/land. Google maps also shows a small signs erected on buildings as you turn on to the three streets which lea on to the parking area. This is not in plain view of the driver, they are small, barely legible signs fixed to buildings. There is no indication that they relate specifically to a particular area, they do not point or direct to anything and you would physically have to stop your car, on a steep hill, turn your head 90 degrees to the left/right to even realise a sign was there.
I have read through the newbies section, issued an AoS on the MCOL website and issued a SAR to the DPO at VCS via email listed in their privacy section. I also followed up with an email to VCS standard mailing address, advising them that I have requested an SAR and to stop any further data processing/put the case on hold. However, this may be a little late as I have already received a claim.
Now I need to file a defence. However, I do not have a response from the SAR yet.
Therefore, given the context above and using some of the information/cases linked on the newbies thread, I plan to base my defence on the below statement…
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 was the registered keeper, was parked on the material date in an area outside the Company XXXX offices at XXXX, and had a valid permit to be parked in that bay.
3. The Particulars of Claim state that the Defendant was the registered keeper of the vehicle(s). 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.
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. 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.
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. Contrary to the Claimant’s claim, there are no terms and conditions displayed at the entrance, in fact there is no ‘entrance’, simply an unrestricted street(s) which is accessible by the public/vehicles from at least 3 different routes.
6. No sum payable to this Claimant was accepted nor even known about by the Defendant as they were not given a fair opportunity to discover the onerous terms by which they would later be bound.
7. The signage on and around the site in question was small, unclear and not prominent and did not meet the Independent Parking Community (IPC) Code of Practice. The Claimant was a member of the IPC at the time and committed to follow its requirements. Therefore, no contract has been formed with the Defendant to pay £100.00, or any additional fee charged if unpaid in 28 days.
7. 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 parking charge notices, and to pursue payment by means of litigation.
8. The claim includes an additional £60.00, described as a debt collection charge. The Defendant believes this to be an abuse of process as these charges were not stated as part of the supposed contract. Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim.
9. 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.
Any help would be much appreciated.
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Comments
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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 here and can use posts in your thread against you in court0 -
What is the Issue Date on your Claim Form?0
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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.You never know how far you can go until you go too far.0 -
As a first time poster you have done your homework.
They belong to the INTERNATIONAL parking community.
With regard to 8 Coupon-mad expanded on this on Beamerguy’s ABUSE OF PROCESS thread to really hit home on this point.
As you are waiting for the SAR their photos may only show a few minutes parking which may be covered by grace periods whist retrieving a permit so it may be useful to add the following:-
In the event the claim progresses, then as an unrepresented litigant in person, I reserve the right to alter, vary and add to this defence or reply to any further particulars of claim/documents the Claimant may provide.
As the £60 is unjustified it can be pointed out that their Statement of Truth is untrue.0 -
Thanks for the advice everyone, I have removed anything from the post that suggests I was anything more than the registered keeper.
@KeithP the claim was issued on 02 July 2019
@Egbert Nobacon thanks I will look in to the Abuse of process thread and amend my statement to include your points.0 -
Changing address on your driving licence makes no difference, it is the address on the V5C that you need to change.0
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Changing address on your driving licence makes no difference, it is the address on the V5C that you need to change.
That's really strange because the vehicle was sold in July 2016 and the V5C was definitely sent to the DVLA. I never heard from the new keeper that he didn't receive his new copy.
How else could VCS have got hold of my new address if it wasn't from the license update...0 -
There are tracing agents that track debtors down
Though had your sale of the car not been actioned at DVLA you would have received renewal notices for your road tax0 -
If you search the forum for perfect defence you will find one already done this week, which combined bargepole's wording with my longer ending about the fake costs.
The ending is designed to get some Judges to consider striking cases out without a hearing, and failing that, to give people to words to explain at a hearing that - especially if the case is not going the Defendant's way - the PPC Claimant has lied about their costs. Damage limitation in a worst case scenario, and possibly a lightbulb moment for a Judge or two.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hey all,
So a quick update on on my claim. I edited my defence based on the comments and having searched the perfect defence. As expected VCS didn't provide any information following the SAR prior to submitting my defence and so I added a caveat in the defence abut reserving the right to change my defence in light of new information.
Moving forward, I submit the defence by the due date (29/07/19) and low and behold, two days later I receive a WeTransfer download link from VCS containing all information about the claim. Details as follows:
7Nr photos - 6 close ups, 1 set back from the vehicle, showing it parked in front of the office. The photos were taken in the dark so are dimly lit and don't really show an awful lot as the windows are covered in rain. All photos taken within a 1 minute period.
Parking Charge Notice - A scanned copy. with a supplementary notice stating that the charge notice was never affixed to the drivers car as the person was busy writing up another ticket and the driver drove off unaware of the issue. The ticket states that a 10 minute grace period was given, but there is no evidence of this.
Notice to Keeper/Driver - Issued end of 2015. Amount Payable £60 rising to £100 after £28 days
Final Notice - issued early Feb 2016. Amount Payable - £100
The next letter is then the LBC which was issued April 2019.
To me, their claim seems ambiguous at best? an alleged offence in which the ticket officer didn't even have time to write up the claim before the driver got back in to their car and drove away. Photo's which show very little, certainly no visible signs around the area parked.
Should I look to amend my defence to include this?0
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