VCS Court claim - Fluttering ticket

Ticktock1812

Hi
I hope somebody will be able to assist re best approach and content of my defence to a claim that has been lodged against me by VCS, regarding a "fluttering ticket".
Due to work commitments, I have been out of Country and just back today and have just checked & I think I need to send defence in today / tomorrow. I have done the AOS.

The background is that I paid to park at this car park in December '18.The parking ticket machine requested I insert my vehicle reg number in and indeed the parking ticket has clearly displayed on it. On returning to the car,I had the pleasure of a sticky envelope on my windscreen , with a card predominantly in red , stating "attention ! document enclosed, this is not a parking charge notice". Overleaf it had a handwritten serial number and a website that stated I could view the contravention of the T&C's. Later that day, I proceeded to go on to the website and it stated that I had parked and not clearly displayed a valid ticket. As I had retained the ticket, I appealed this alleged charge (and included the proof of the purchased ticket clearly showing my car reg and date ticket issued) and explained that on return to my car the ticket was in the centre console of my car (still the correct way up) but aside from this there was no adhesive properties contained in the ticket (just a very flimsy small piece of paper). I explained that the ticket was correctly displayed on me leaving the car but given the non-adhesive nature of the ticket it must of somehow been dislodged in some way (eg wind , somebody knocking / rocking car etc..) such that it ended up in the centre console. Despite giving evidence of payment (see attached) & pointing out their tickets are not fit for purpose, they did not accept my appeal and contend a penalty charge is due.
I also found out who Landlord was and spoke to him direct. He was very unhelpful and basically said, "people shouldn't be so stupid" and if I had done what it says then I wouldn't have a charge ! (he was a real charmer). I also, sent a letter to my MP, who did reply and made represntations to VCS. They again basically replied from the angle that I had breached the terms and conditions of parking and was in breach of contract ! She simply forwarded this reply to me .So this has all fast forwarded to VCS lodging with small claims court.

Their particulars of claim states :
"The claim is for breach of contract for breaching the terms and conditions set on private land.The defendent's vehicle, xxxxxx, was identified in xxxx car park on xxxx in breach of the advertised terms and conditions; namely parked without dispalaying a valid ticket ..... The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. 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 rerms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued......"


What is the best way to tackle this defence and how much detail do I need to put into it ? I have seen lots of examples of defences on the forum for fluttering tickets etc but just would be grateful for any comments on if I should mainly focus on the breach of contract angle, as this is excatly what they state is reason for the charge they levied ? There is signage at car park but with usual differing size fonts etc..

Thanks in advance

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?

Ticktock1812

Hi Keith. Yes, its from County court business centre in Northants. thanks

KeithP

Have you an answer to the other question?

The_Deep

If they do take this to court they are likely to struggle imo. Many judges regard these fluutering ticket claims as a waste of court time, not really a breach of contract at all.

https://en.wikipedia.org/wiki/De_minimis

Nine times out of ten these tickets are scams so consider complaining 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.

Ticktock1812

Hi keith. Apologies - it was 15.7.19 - thanks

KeithP

I am going to assume that you did the Acknowledgement of Service before Monday 5th August. Please confirm.


With a Claim Issue Date of 15th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's not very long at all. 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.

Ticktock1812

Hi Keith .Yes AOS done before 5.8.19 but I am due overseas again on 15.8.19 , so need to submit by 14.8.19 (tomorrow) at latest.
So any help you or any of the other forum members could provide regarding defence strategy, esp with regard to VCS particulars of claim re breach of contract, would be most welcome. thanks

Ticktock1812

Hi. Has anybody got any comments on best way to tackle defence based on VCS particulars of claim re breach of contract ? Thanks

Coupon-mad

On returning to the car,I had the pleasure of a sticky envelope on my windscreen , with a card predominantly in red , stating "attention ! document enclosed, this is not a parking charge notice"

Has anybody got any comments on best way to tackle defence

Yep, copy and adapt the example VCS defence already written for 'not a parking charge' hybrid PCN cases. One example is liked in the NEWBIES thread post #2 and more can be found if you search the forum for:

VCS defence hybrid

The POC are standard guff about breach of contract so any previous VCS defence will give you a base and you could have your adapted version ready to email this afternoon, with minor tweaking done.

Should be fairly easy, given we've seen all this before and defences are right here waiting for you to search & find them.

The only other thing to do is tell us which car park and whether it's one of those where half the signs have EXCEL PARKING on them, as that adds a new defence point.

The_Deep

Nearly everything you need to know is in the stickies, the rest is available elsewhere on the internet, all you have to di is search for it.