County Court (VCS) Residential PCN

THX-1-1-3-8

YES, THIS WAS WON - https://forums.moneysavingexpert.com/discussion/comment/76779349#Comment_76779349

Hello all,

Firstly a big thanks to the really useful newbie thread from Coupon-Mad. Ive just spent the last few hours reading through it. I have sent a SAR to VCS and done the AOS online today but have not submitted a defence yet or contested jurisdiction. The legal representation for VCS is DCB Legal and they are named on the court document as where to send documents.

Im aware of other threads currently running and won recently but these were not residential. I have decided to open a thread here as a result.

In early August I was sent a Claim Form from Northampton CC regarding an alleged contravention at a privately operated car park in Sheffield. This was sent to an old address that was neither the vehicles registered address or my current residence.

The particulars of the claim are....

1.The defendant (D) is indebted to the Claimant (C) for a Parking Charges(s) issued to vehicle XXXX at XXXX
2. The PCN details are XXXX dated XXXX. - ;The given dates here do not match the NTK.
3.The PCN(s) were issued on private land owned or managed by (C). The vehicle was parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN.
4. The Driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding.

The contract entitles C to damages AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN and damages.
2. Interest at a rate of 8% per annum pursuant to S.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.
3. Costs and court fees.


As background to the issue....


In 2016 for a period of 6 months I was a resident in a building on a road within this area and had access to the area via the use of a remote for the barrier. When I moved into the property I was issued with keys, a remote for the barrier and a paper bookmark style pass from VCS. This did not have my vehicle reg on or anything.

I am in the process of proving I was in receipt of this, I can prove I was a resident at time quite easily and have listings of the original advert indicating parking was included with the rent. I have a copy of a tenancy for the property which says I am only bound by a head-lease if one is attached to the tenancy. None are attached to the tenancy I had and I have a signed copy of this.

The only way to access the area is through this gate so trespass would only be possible by tailgating.

The area is not a car park at all, but a private street which has several businesses , houses and an apartment block. Off the road to either side at various points are areas for parking but no spaces are painted or indicated. There are no numbers or anything like that.It is legally classed as road and has an address as such, as well as appearing so on ordinance surveys.

The NTK refers to this area as a Private Car Park only.

I do not recall reeving PCN or CN on my vehicle at any point in 2016. I did not receive any documentation from VCS other than the NTK which was sent to the vehicles registered address 5-6 weeks after the contravention date given by VCS on the NTK.

I have seen no image or evidence of the PCN / CN and they have not been provided to me.

I contacted VCS in May 2016 and received no reply. I then heard nothing until a letter from both DCB Legal and Northampton CC arrived in my post in early August - both had been sent to an old address which was not the registered address of the vehicle.

And here I am.

Im beginning to write a defence following various threads as a guide but anything that immediately becomes apparent to the veterans here would be much appreciated.

Should I write to DCB Legal and the Northampton CC and tell them they are using out of date information and that "for service" they should use my current address? VCS are aware of it now via the SAR.

KeithP

What is the Issue Date on your Claim Form?

Coupon-mad

Should I write to DCB Legal and the Northampton CC and tell them they are using out of date information and that "for service" they should use my current address? VCS are aware of it now via the SAR.

Yes.

But with VCS don't just put it in a SAR and assume they will update their data. Separately email the DPO who is doing the SAR, to specially require them to do a rectification of address data change. Head it up 'address for service rectification notice'.

Do not contest jurisdiction. We only suggest that in byelaws cases (Airports and railways).

THX-1-1-3-8

05/08 is the issue date.

It was received by me at my current address as irrelevant as that is on Saturday.

THX-1-1-3-8

Good point re the address change and Sar.

I'll try and get the DPO email address from VCS.

KeithP

THX-1-1-3-8 wrote: »

I'll try and get the DPO email address from VCS.

Google will tell you that. Use VCS Privacy as suggested in post #2 of the NEWBIES thread.

KeithP

THX-1-1-3-8 wrote: »

05/08 is the issue date.

With a Claim Issue Date of 5th 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 nearly 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.

Also in post #2 of the NEWBIES thread is full guidance on how to create a winning Defence and links to many examples of winning Defences.

THX-1-1-3-8

KeithP wrote: »

Google will tell you that. Use VCS Privacy as suggested in post #2 of the NEWBIES thread.

Done, email sent a few hours ago.

THX-1-1-3-8

I now have proof that I was issued with a parking permit by the letting agent AND landlord.

I also have proof that this was returned when I left the property.

I have read through many of the defenses for both VCS and residential and supremacy of contract etc.

There is nothing in my lease about needing to display the permit, that Im bound by VCS's Terms or ANYONE other than the landlord, no head-lease was present in the contract either.

What would an appropriate defense on these specific points?

beamerguy

THX-1-1-3-8 wrote: »

I now have proof that I was issued with a parking permit by the letting agent AND landlord.

I also have proof that this was returned when I left the property.

I have read through many of the defenses for both VCS and residential and supremacy of contract etc.

There is nothing in my lease about needing to display the permit, that Im bound by VCS's Terms or ANYONE other than the landlord, no head-lease was present in the contract either.

What would an appropriate defense on these specific points?

I think you have said it all. Short and sweet and factual.
You will need a copy to show the judge

Sounds like another VCS whooping is about to take place

THX-1-1-3-8

Good to know.

I'll try and word it out into my defense and then I'll post up an initial draft