VCS MCOL Darlington, Co. Durham

Jeff_Wode

Hi all


At the end of June, a County Court claim was received from VCS regarding an unpaid PCN. The PCN was issued nearly 4 years ago at the Bondgate Car Park/Bondgate Salt Yard Car Park in Darlington, Co. Durham.


The defence was going to be sent off last week when this site was stumbled across

and an almost identical case seen. Realising the defence that was about to send was way "short of the mark" compared to ones on this Forum, the AOS was completed. The last few days have been spent familiarising with the Newbies Thread and reading other people`s defences, particularly claims brought by VCS and other "Fluttering Ticket" cases.


Particulars of Claim:



The Claim is for a breach of contract for
breaching the terms and conditions set on
private land. The Defendant's vehicle XXXX XXX ,
was identified in the Bondgate, Salt
Yard on the XX/11/2015 in breach of the
advertised terms and conditions; namely
parked without clearly displaying a valid
ticket or permit. At all material times the
Defendant was the registered keeper and/or
driver. The terms and conditions upon
entering private land were clearly displayed
at the entrance and in prominent locations.
The sign entering private land was the acceptance of
the offer hereby entering into a contract by
conduct. The signs specifically detail the
terms and conditions and the consequences of
failure to comply, namely a parking charge
notice will be issued, and the Defendant has
failed to settle the outstanding liability.
The Claimant seeks the recovery of the
parking charge notice, contractual costs and
interest.


The claimant is named Simon Renshaw-Smith


Basically a day pass was purchased and the ticket flipped over.

VCS were told in 2016, in no uncertain terms that the charge would not be paid. No correspondence was received from VCS between early 2016 and the LBC at the end of June.
The case also has the added "quirk" of (what is believed to be) an innacurate/spoiled PCN.


The 29th of July is the deadline for filing the defence.


Any help/advice would be very much appreciated, thank you.

Jeff_Wode

Also, the site no longer appears to be managed by VCS.

Le_Kirk

You seem to be doing the right thing by reading the NEWBIE sticky. On post # 2 of that self-same sticky you will find, if you scroll down far enough, 17 or so defence examples, one of which is a fluttering ticket case. Use that as a basis for your defence and then add anything specific to you plus search for the thread by beamerguy called abuse of process and added to in it's post # 14 by Coupon-mad, especially if the PPC/solicitor is trying to charge you an additional £60. Found the link for you, posted by beamerguy.

READ THIS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

PLEASE READ POST #14 ON THIS THREAD BY COUPON-MAD and this you include in your defence

Jeff_Wode

I have sent VCS an SAR, as advised. I would like the Forum`s opinion on how big-a-part the spoiled ticket should be used in my defence.

Redx

Post the issue date from the top right of the claim form below

Jeff_Wode

Thank you for the quick response - I will certainly be doing this, and yes, they are trying for the inexplicable extra £60..

Jeff_Wode

Thanks - the issue date is 26 Jun 2019

KeithP

Jeff_Wode wrote: »

Thanks - the issue date is 26 Jun 2019

With a Claim Issue Date of 26th June, you had until Monday 15th July - last Monday - to do the Acknowledgement of Service. I am going to assume you did the AoS by that date. Please confirm.

Having done the AoS in a timely manner, you have until 4pm on Monday 29th July 2019 to file your Defence.

That's just ten days away. Loads of time to produce a 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.

Also, if you have based your forum username on you real name you are best advised to get it changed to something much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Jeff_Wode

Thank you - yes, I can confirm I filled out the AoS within the initial 14 day limit. My user name is a fictional character from a cult 80`s film.

Jeff_Wode

I`m trying to post a picture of my PCN (with the key details blanked out) so the forum can advise me on whether or not there`s any mileage in claiming the PCN is invalid due to being spoiled, confusing and incomplete - I`m not sure how to upload pictures to this thread from a computer - any help would be appreciated, thanks

KeithP

You cannot upload pictures here. No-one can.

Upload your pic to a free webhosting site and then post a link to it here.

Unfortunately as a new user you will be unable to post a live link, but usually just changing http to hxxp is enough to overcome that.