Court claim form from CCBS - VCS

theako2k

I've avoided posting until now and just followed the newbie advise but having now received the claim form from the County Court Business Centre it's time for my own thread.

I've received a claim from Vehicle Control Solutions that I overstayed their 3 hour limit at the Peel Centre car Park in Gloucester on the 21/04/2019 by about 40 minutes late at night. They are claiming for £185. I am of course going to defend this but thought it prudent to get advise from this forum.

The claim form is dated the 23rd of September and I've just returned the AoS.

In terms of defence I'm going after the signage as the name of the car park on the signs doesn't exist. The sign says 'Gloucester Quays Retail Park" whereas the PCN says 'Peel Centre Car Park' with the latter being the correct name. (There is in fact a Gloucester Quays car Park over the road ran by NCP). They've even referred to it as 'Gloucester business park' in some correspondence but that is over the other side of the city.
So on the basis that the signs make reference to a car park that doesn't exist there can be no basis of a contract. In addition in the last year there has been extensive building work and remodelling of this car park and all the photos they have sent me are before this work so aren't relevant as evidence.
In your opinion is this likely to be a defence that would hold up?

In addition I'd like to challenge the ANPR element as ultimately this is the only evidence they have of my vehicle being there. They are the worst photos I've ever seen, as it's night it's just a photo of my number plate, no context, no surroundings, it could have been taken anywhere.

beamerguy

I've received a claim from Vehicle Control Solutions that I overstayed their 3 hour limit at the Peel Centre car Park in Gloucester on the 21/04/2019 by about 40 minutes late at night. They are claiming for £185. I am of course going to defend this but thought it prudent to get advise from this forum.

£185 .... how do they explain this amount ????

theako2k

beamerguy wrote: »

I've received a claim from Vehicle Control Solutions that I overstayed their 3 hour limit at the Peel Centre car Park in Gloucester on the 21/04/2019 by about 40 minutes late at night. They are claiming for £185. I am of course going to defend this but thought it prudent to get advise from this forum.

£185 .... how do they explain this amount ????

No basis just £160 plus the £25 court fee.

The_Deep

Have you read this?

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Nine times out of ten of 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

theako2k

That's useful thanks, will definitely include the abuse of process point. Do you think the signage is also a valid argument as ultimately it is impossible to enter into a contract if the signs location name is incorrect.

KeithP

theako2k wrote: »

I've now received the claim form from the County Court Business Centre.

The claim form is dated the 23rd of September and I've just returned the AoS.

You say you have 'returned the AoS'.
If you have physically returned the form by post, then I suggest you now do the AoS online as described below.
Post does have a habit of going missing or getting misfiled inside large organisations. For the sake of a few minutes work, best to make sure.

With a Claim Issue Date of 23rd September, you have until Monday 14th October to do the Acknowledgement of Service. If possible, do not do the AoS before 28th September, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 28th October 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 could 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.

theako2k

Thanks for the reply, I did the AoS online as like you say post is unreliable.

I'll prepare my defence over the coming week or so. As well as the abuse of process as mentioned I'm going after signage as they've made a claim that refers to the site as 2 different names neither of which is on the signage.
The signage doesn't mention no return so previously I've requested a list of every entry and exit to the car park to prove I didn't enter or leave in the intervening period but they have refused to provide based on GDPR. So will also include this alongside the poor quality ANPR and without context photos.
Also there's a whole section of the car park not shown in the evidence photos they have provided. So will go there one night and check the signage and lighting as this was a building compound previously so wouldn't be surprised if there are no signs or if is poorly lit. If either is the case that should pretty much tie up my defence.

Redx

and no landowner authority/contract


address their POC too


see the concise defence by bargepole to start with


and add abuse of process for the spurious added costs too

theako2k

Well looking at this forum it looks like VCS have been busy.

Anyway I've just got another court claim from VCS for the same car park. Reading the SAR section of the newbie thread one thing struck me, am I right in thinking that they should only be making a single claim for all PCN's?

Coupon-mad

Yes - and the wording for your defence - and to be repeated at every stage until your local Judge finally notices and consolidates the claims - is to be found if you search this forum for

two claims abuse of process

Remember to repeat bargepole's carefully crafted words about consolidation of two claims, in every email you send to the courts, including when you send your DQ, then in writing, in response to the first notification of a court hearing date from your local court.

No-one will notice it in your defence - BUT put it in the defence anyway! start as you mean to go on for consistency and in the interests of justice and minimising court costs for all concerned.

This is not the same wording that is loosely called the 'abuse of process' words here!

theako2k

Thanks for that, my search skills seem to be failing me as don't seem to be able to find bargepoles post about two claims abuse of process