County Court Claim Vehicle Control Services VCS

Redx

it definitely wont be a doddle, if bylaws apply then it should have been dealt with in Magistrates Court by the TOC within 6 months as a penalty notice

if you had read that UKPPO airport thread you would see why bylaws issues matter near the end of it , where they did a test case about jurisdiction

if you dont understand the difference between the 2 issues about court jurisdictions, you have not read enough about it

either you defend it by contesting jurisdiction, or you go the long winded route about parking contracts , invoices etc , its one or the other , plus that pepipoo thread said VCS are economical with the truth over bylaws issues

they already won an airport contractual case which should have been contested over bylaws jurisdiction (its probably either RHA or LJLA), so must be trying it on with you on train station issues , like UKPPO with Newcastle airport

VCS never seem to use POFA, period, but that doesnt stop them trying other avenues and arguments


doddle my a*** , as Jim Royle would say

KeithP

clarkcj wrote: »

Issue date is 06/08/2019
Yes, it came from the County Court Business Centre in Northampton.

With a Claim Issue Date of 6th August, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 9th September 2019 to file your Defence.

That's over four weeks away. Plenty 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

However, I don't profess to know the ins and outs of Byelaw cases, so it may be that Contesting Jurisdiction is a better approach.

It could be that having done the Acknowledgement of Service, you are now too late to Contest Jurisdiction. I don't know.

Still, plenty of time to worry about that. Defence not due for four weeks.

Redx

I believe contesting jurisdiction is done at the AOS stage and different instructions apply, including paying the fee

clarkcj

Right, so given that I've already filed the AOS I can no longer contest jurisdiction?

Redx

clarkcj wrote: »

Right, so given that I've already filed the AOS I can no longer contest jurisdiction?

I suspect that is the case (same as most of the UKPPO cases) in which case VCS will trot out VCS VS WARD , meaning you have to counter their arguments , POFA or not (but yes include POFA)

much harder since the WARD case, hence not a doddle

clarkcj

Well that's very annoying. Any cases you'd particularly recommend reading up on/taking inspiration from?

Redx

all VCS cases involving bylaws etc, like stations , airports etc , plus any others regarding contractual claims with CN notices etc

KeithP

clarkcj wrote: »

Right, so given that I've already filed the AOS I can no longer contest jurisdiction?

When did you do the AoS? If over this weekend, you could try phoning the CCBC tomorrow morning saying something like you carelessly ticked the wrong box and meant to contest jurisdiction.
Ask if they can either change the AoS for you or perhaps you can file a AoS by email - in the same manner and to the same email address I posted earlier for your Defence.

Please be aware that to Contest Jurisdiction you need to pay a £100 fee.

I have no idea whether that'll work though.

clarkcj

Is that fee refundable on winning?
Will try calling them tomorrow

Redx

you can ask for the fee to be in your costs order if you win

no guarantees though , which is probably why most people dont do it , but we wont know more until people try it and report back, consider yourself the pathfinder (guinea pig)

I can understand that people accused of owing money of say £100 to £200 wont want to pay out £100 to contest the claim due to jurisdiction

all I can tell you is what it says in the UKPPO thread I linked, its a rare occurrence , but they tried it and b w legal backed down