VCS (2015) at DSA or Robin Hood Airport.

TM74

Hi guys, sorry about the new thread the other is locked from 2015 and Ive tried unsuccessfully to unlock it.

VCS has now taken this to Northampton claims center, the letter was dated 27th June they seek to recover £160 plus £25 court fees, the keeper has filed an AOS day before yesterday which im not sure just how long it will take to get a defence togather?

Basically they were/ are saying the vehicle was stopped at a bus stop, it was a layby with a bus stop sign printed on the road but no bus stop pole showing numbers or times ...it isnt a bus stop because none stop there ...they are further up and council operated.

The Vehicle had to pull up for a few minutes to check their tyre that was very low, they thought that a puncture had accured so needed to know where the nearest garage was, the Vehicle was literally stopped for a few minutes.

Do believe by-laws come into place here but ive never admitted it was me driving my now previous vehicle.

Appreciate any help re this as Im not savvy one bit in this area.

KeithP

taximark wrote: »

VCS has now taken this to Northampton claims center, the letter was dated 27th June they seek to recover £160 plus £25 court fees, I filed my AOS day before yesterday which im not sure just how long it will give me to get my defence togather?

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 two weeks away. Loads of time to produce a good 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Here's a link to your older thread:

[URL="https://forums.moneysavingexpert.com/discussion/5252522Fine as expected by VCS at RHA.[/URL]

TM74

Thanks Keith.
If Im sending a sar today do you have an email address for VCS?

KeithP

It's in their Privacy Policies.

They are in the policies dropdown list found at the top of every page on their website.

Alternatively, google VCS Privacy.

Redx

Check their privacy page

You have just told everyone who was driving in post #1, so edit it asap

The driver stopped blah blah, or the vehicle they monitored stopped, they do not monitor people

Do not use these words "My , Me , Myself & I"

TM74

Hi all still had no feedback from VCS re SAR .
Currently looking at my defence but with me not being legal savvy its proving to me a complete minefield ...could someone give me a link to a decent defence , just do not know where to start!

KeithP

And you still haven't edited your opening post.

It is nearly two weeks since Redx suggested it, during which time clues to the driver's identity have been available to all the private parking companies.


Look at all the Defences linked from post #2 of the NEWBIES thread. You already have a link for that thread.

Only a few days to go...

...you have until 4pm on Tuesday 30th July 2019 to file your Defence.

What's happened in the last two weeks?

TM74

Unfortunately Ive had some urgent family matters too deal with that was way more important and tried logging on a few days ago but this site didnt recognise my log in.
I am going to try and get one together in the next few days I have read the sticky re defences but quite alot get shot down and are deemed not good enough ...a little disheartening when you haven't a clue in the first place .

Im on with it .

Redx

read recent RHA doncaster defences against VCS and follow their lead

also check any that are at LJLA Liverpool as they will be VCS too

and read any UKPPO ones for Newcastle , because similar arguments apply

use the forum search box and suitable search words for the relevant threads, because other than RHA Doncaster nothing else happens round there (to be honest about it) that comes up on here , its all airport , as it was in parking pranksters blog

tboo

taximark wrote: »

Unfortunately Ive had some urgent family matters too deal with that was way more important and tried logging on a few days ago but this site didnt recognise my log in.
I am going to try and get one together in the next few days I have read the sticky re defences but quite alot get shot down and are deemed not good enough ...a little disheartening when you haven't a clue in the first place .

Im on with it .

Better get your skates on you have until 30 July to submit your defence

TM74

Would this be any good?

In The County Court!

Claim No: XXXXXXX

Between

VCS (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________


1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the claimant has issued a charge against the Defendant for allegedly stopping at a bus stop however there are no bus services that stop here because it is not a bus stop, there are no bus stop poles stating bus numbers or timetables.

3. The ‘land’ which forms the basis of the current claim belongs to Peels holdings therefore by laws come into force here, because the keeper hasnt named the driver at question the claimant acting as a third party cannot issue a charge.

4. At this location, the secret camera van does not operate in a reasonable, consistent and transparent manner and I contend that VCS have failed to meet the requirements of all of the above points in the BPA Code of Practice.

5. They will need to show evidence to the contrary on every point, and explain how this hidden camera van can be compliant when this is not a car park, it is a road, and there is no opportunity for drivers in moving traffic to be informed that this technology is in use and what VCS will use the data captured by ANPR cameras for. VCS have breached the BPA Code of Practice as regards the use of a non-compliant ANPR system being merely a van fitted with a hidden camera, patrolling land which is not a 'car park' and neither 'managing, enforcing nor controlling parking'.

6. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

7. VCS claim that within the area that the alleged ‘offence’ took place the signs are clear and should be read, this is useful as, firstly, a motorist proceeding normally into and through the area would have no chance of safely reading the content of such a complex sign without stopping.!As it is necessary for the driver to stop their vehicle in order to read the terms and conditions before being able to consider them and whether to agree thereby breaching the terms and conditions the signs erected at this location are none compliant with the BPA code of practice.

8. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

9. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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.

10. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts in this Defence stated are true.

Name
Signature
Date