Court Letter Robinhood airport bus stop PCN help!

sm1tt

Good day,


I would first like to add thanks to those who read and help me with this PCN.
I will try to be concise as i go.


So we received a PCN from VCS on the 26/11/2015 for stopping on approach road at a bus stop.
As it was so long ago i cant officially remember if we stopped for a brief moment or longer.


The MAIN request for help is with regards to action i can refer to when setting defence, the ONLY correspondence we have received from VCS regarding this PCN is the court letter we have had NO other correspondence not even the supposed PCN that the claim refers too!


I will add the Particulars (when im aloud) so anyone who could help me pick the specific defence for the lack of documents and unclear particulars would be of great help!

Again thanks in advance!

Quentin

Read up on Court claims in the newbies FAQ thread near the top of the forum

Post no #2 there covers Court claims right through to the hearing

Keep that post as your Bible till this reaches its conclusion

First job is the AOS (all explained in the FAQ) which buys you an extra 14 days to get the defence in

SAR is top priority too!

sm1tt

Particulars of Claim.


The claim is for a breach of contract for breaching the terms and conditions set on private land.
The defendants vehicle ____, was indentified in the robinhood Airport, Approach roads on the 26/11/2015 in breach of the advertised terms and conditions; namely parked on restricted bus stop/stand.

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. (bla bla)
The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.
The signs specifically detail the T&C's and the consequences of failure to comply, namely PCN will be issued (was not received), and the defendant has failed to settle the outstanding liability.
The claimant seeks recovery of the PCN, contractual costs and interest. (£160 amount claimed, 25 court fees)

sm1tt

AOS is done and Defence will be needed to be complete within a week.


Im in the process of sending an SAR as no evidence has been received at all!
We have since sold the vehicle as of Q4 last year.


My main gripe is the none documentation receieved and what my stance can be regarding this.


P.S im in the process of setting defence so will add this as it gets closer to completion just need a gentle push in the right direction with exact requirements for my case!



Many thanks!

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

sm1tt

It did indeed come from the CCBC northampton.


Issue date is the 1st of July and having already submitted my AOS will be required to submit my defence by this saturday. (i know dont hate me but regardless needs doing)

Fruitcake

The SAR should flush out the original PCN, if it still exists.

Do a google streetview or similar search to see if the location and/or signs are available from 2015.

Tell the scamlicitors in writing that you deny the debt but are seeking debt advice, so they must put proceedings on hold for a month.

Read the thread by beamerguy titled, Abuse of Process. Several cases have been thrown out by judges because of the fake add on £60 charge. You should ask the court to do the same in your case, quoting the cases in beamerguy's thread.

KeithP

sm1tt wrote: »

It did indeed come from the CCBC northampton.


Issue date is the 1st of July and having already submitted my AOS will be required to submit my defence by this saturday. (i know dont hate me but regardless needs doing)

With a Claim Issue Date of 1st July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 5th August 2019 to file your Defence.

Maybe a couple of days more than you thought.


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.

sm1tt

Thanks for the info so far much appreciated and makes us feel like we are not alone going throught the stresses and rigmorole of trying to put a stop to these A holes.


Would you suggest i put the ABUSE OF PROCESS as part of my defence or can this be used more subtely at WS stage so as to try and waste the time and effort of VCS?

Fruitcake

sm1tt wrote: »

Thanks for the info so far much appreciated and makes us feel like we are not alone going throught the stresses and rigmorole of trying to put a stop to these A holes.


Would you suggest i put the ABUSE OF PROCESS as part of my defence or can this be used more subtely at WS stage so as to try and waste the time and effort of VCS?

Write to the court now asking for the case to be struck out, citing the other cases.

Also include it at the appropriate point detailed in the guide to court from the NEWBIES.

The_Deep

Were the T&C clearly visible where you stopped?

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.