Ignoring letters - acknowledge?

Spetznaz7

Hello,

Have just received a claim form with Northampton Court address on through the door from Vehicle Control services.

The keeper is going to challenge it and do a defence because where the car was parked was very poorly lit and the signage is awful to have know of such 'terms and conditions'.

The thing is the keeper recalled having received several letters and a letter before claim before this claim which they chose to ignore. They held the hope they were just intimidation tactics and it wouldn't get to this point.

So if the keeper is to write a defence up about the signage etc would it be important / prudent to acknowledge having received the previous letters but having ignored them?

Would this look bad to a judge should it get to a proceeding, and therefore is it better to not acknowledge whether letters were or weren't received in the defence, and 'play dumb'?

The main point of the keepers defence about the signage being very insufficient as for a driver to know of a charge at the time seems strong and would be the main basis of a defence, but just how much of a issue / point is the fact they have not engaged with the parking company's letters?

Grateful for expert opinion on this. Cheers.

Fruitcake

Edit your post to remove information about who parked. Only ever refer to The Driver and The Keeper, who are two different people. Do it now before you do anything else!

The advice to ignore has not been given here since the law changed in 2012.

Follow the guide to court you will find in post 2 of the NEWBIES, starting with acknowledgement of service stating your intent to defend, but don't put anything in the defence box.

Get pics of the site and signage asap.

Send an SAR to the scammers as per the advice in the NEWBIES.

What is the date of the claim?

Umkomaas

Never reveal who drove - you need to edit your opening post.

It's a bit irrelevant now that you ignored previous correspondence, you are where you are. DO NOT IGNORE THE COURT CLAIM!

The NEWBIES FAQ sticky, post #2 is where you need to go to get best legal advice on how to deal with everything court-related, from the point at which you now find yourself, right through to any court hearing. It is not a skim read, you are now entangled in a legal process for which solicitors spend years training and earn large sums of money for dealing with it, but if you want it done for free, you have to put in the legwork and burn some midnight oil.

I suggest you make yourself a brew, work through it methodically, with a notepad and pen to make notes as you go along.

VCS are litigious so you cannot any longer take your eye off the ball or hope this goes away.

Le_Kirk

You must follow the instructions on the claim form and submit an Acceptance of Service (AoS), which can be done using MCOL if you have a Government Gateway account. If you go to the NEWBIE sticky post # 2, you will find a walk-through of how to complete the AoS. Follow this and do not be tempted to put anything, not even a full stop, in the defence box. If you don't have a Government Gateway account, apply for one now as it takes a few days for the log-in and password info to come by post.

If you post the issue date of the claim form, KeithP will be along to tell you your deadlines.

Spetznaz7

Ok, thanks all, have edited the above post.

Have read the newbies thread (cheers). The claim has been acknowledged just now on the MCOL site- So the Keeper now has, what 28 days from the issue date on the claim? (21/08).

I am working on a template draft defence taken from that thread (cheers again!) - So, on the point of the letters having been ignored / no engagement being made with the parking company prior to this claim, how big of a issue is this to a deciding Judge??

nosferatu1001

33 days from the issue date, as explained

The_Deep

How much is the claim for? If it is for more than £100 read this.

https://forums.moneysavingexpert.com/discussion/6014081

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, many of whom are former clampers, 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.

Umkomaas

So, on the point of the letters having been ignored / no engagement being made with the parking company prior to this claim, how big of a issue is this to a deciding Judge??

We never second guess a Judge.

But I've not seen court reports where any big issue has been reported. I wouldn't be consumed with it.

beamerguy

Assume VCS has added a fake £60 ???

If so, read about ABUSE OF PROCESS

https://forums.moneysavingexpert.com/discussion/6014081

Spetznaz7

Umkomaas wrote: »

We never second guess a Judge.

But I've not seen court reports where any big issue has been reported. I wouldn't be consumed with it.

Thanks. Will try to skate over this issue as best I can.

beamerguy wrote: »

Assume VCS has added a fake £60 ???

If so, read about ABUSE OF PROCESS

[://forums.moneysavingexpert.com/showthread.php?t=6014081

Yep they have. Will do thank you.

Spetznaz7

beamerguy wrote: »

Assume VCS has added a fake £60 ???

If so, read about ABUSE OF PROCESS

ttps://forums.moneysavingexpert.com/showthread.php?t=6014081

Wait, on this mystery £60 charge, should mention of Abuse of Process, be used in the defence? Or keep it up your sleave and wait use this in the witness statement which comes later?