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PCN County Court Claim

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
75 replies 1.2K views
Jamboree_BagJamboree_Bag Forumite
41 posts
10 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hello,

Just got back off holiday & have received Claim Form from Court from (Vehicle Control Services) signed by Simon Renshaw Smith.
TBH I have ignored all other correspondence so far.
I have read the Newbies and have now completed acknowledgement of service online.
I feel bamboozled with all the info on here and am now just debating paying the "fine" - Just really stressed about it all!
I've no idea how to string a defence together and can't seem to find a template relating to this particular situation.
If anyone could help guide me through slowly I'd greatly appreciate it.
I won't give any information online unless asked - petrified!
Thank you so much.
«1345678

Replies

  • KeithPKeithP Forumite
    21.3K posts
    Part of the Furniture 10,000 Posts Name Dropper
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    Hi and welcome to the forums.

    What is the Issue Date on your Claim Form?
  • Jamboree_BagJamboree_Bag Forumite
    41 posts
    10 Posts
    Hello thank you, it was 23 Sept.
  • RedxRedx Forumite
    28.6K posts
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
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    plenty of VCS threads on here that are in the court stages so just read those and then draft your own defence based on the closest match


    also email a SAR to the DPO at VCS attaching a copy of the N1 claim form and a copy of the V5C log book as I.D. , to get all your data , docs , pics etc, under the GDPR 2018


    I hope you have studied the NEWBIES FAQ STICKY THREAD , post # 2 ??
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • KeithPKeithP Forumite
    21.3K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    With a Claim Issue Date of 23rd September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 28th October 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 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 [email protected]
    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.
  • Jamboree_BagJamboree_Bag Forumite
    41 posts
    10 Posts
    Thanks guys for your replies.
    This seems so involved and I'm eering on just paying the "fine" tbh.
    I have trawled through so many posts over the past couple of days, can't find one that's similar to mine where I "parked" in a delivery bay for just over the permitted hour - when I had been dropping off donations in a charity shop.
    Can I post the signage on here, for you guys to look at to see if i stand a chance of winning the case, as I've been demoralised by reading posts who have lost in Court - Sorry to sound so negative.
  • Coupon-madCoupon-mad Forumite
    84.8K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    This seems so involved and I'm eering on just paying the "fine" tbh.
    Really? You want to pay £250 to avoid paying nothing and being the better person by fighting and beating a scam, and setting an example to your family & friends?

    I know which route I would choose and want my adult kids to hear about.

    We have told you that all you need to do is read other VCS threads and copy!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_DeepThe_Deep Forumite
    16.8K posts
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    Pay them not a penny unless a judge so orders. 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
    You never know how far you can go until you go too far.
  • Jamboree_BagJamboree_Bag Forumite
    41 posts
    10 Posts
    OK, so is this alright to send?

    (Details of claim letter- my address - etc blah blah blah, image of Claim Form + image of V5C)

    There will be no admissions as to who was driving and no assumptions can be drawn. I require an explanation of the allegation and your evidence, i.e.:

    1. A detailed explanation of the cause of action.
    2. Whether you are pursuing me as driver or keeper.
    3. Whether you are relying on the provisions of Schedule 4 of POFA 2012.
    4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the money being claimed arose and has been calculated, what the contravention was.
    5. If the claim is for a contractual breach, what is the date of the agreement? The names of the parties to it and please therefore provide me a copy of that contract.
    6. A picture and a map showing where any signs were displayed on that date.
    7. Details of the signs displayed (size of sign, size of font, height at which displayed)
    8. Provide details of the original charge, a copy of the supposed previous letters sent and dated, and detail any interest and administrative or other charges added
    9. A copy of the agreement between the landowner/authorised agent & yourselves
    10. Any pictures of the parked vehicle in the location described
    11. A copy of the on screen PCN or a copy of the postal PCN
    12. Any other documentation which you will rely on in court in order to prove your assertion.
    13. A detailed map of the “Private Land” named on the
    cause of action.


    I also request a Subject Access Request of all data, that you hold relating to myself to which I am entitled, under Data Protection Law, within 1 month of this request.
    Kindly pass this request on to your Data Protection Officer if you do not normally deal with such requests.
  • Jamboree_BagJamboree_Bag Forumite
    41 posts
    10 Posts
    You're right - I need to find some grrrr - please could you look at my post and see if that is ok to send?
    Thank you.
  • Coupon-madCoupon-mad Forumite
    84.8K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    I am not quite sure what the draft above is meant to be - a bit of a hybrid SAR?

    The important thing is your defence, if you've done the AOS on MCOL.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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