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Help, got until 24th November to submit Defence for VCS

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Leviathan747
Leviathan747 Posts: 246 Forumite
Fifth Anniversary 100 Posts Name Dropper
Hi there

My partner got a fine for parking at a Tesco Car park, Berkley Centre Sheffield, that has been free for twenty years and recently been taken over by VCS. He thought it was free for 2 hours and was there for 80mins. Apparently it is free for an hour and then £1 for the next hour. We ignored all the letters and now have a claim form from County Court Business Centre, Northampton for £185.

I'll be posting an acknowledgement of service form tomorrow, first class, with proof of posting.

Photos below of forms received (will have to post these later as not allowed to yet as new user!)

So far we're going for no contract existed because he had thought the car park was free for 2 hours, there is no reason to look at entry signs in a free car park. Where he was parked, there was no signage (and he wouldn't have read them anyway).

Can anyone point a further way forward please? Defence must be sent in by 24th Nov.

Thank you.
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 November 2019 at 1:28AM
    Do not post your Acknowledgment of Service.

    Instead, do the AoS, by following the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    What is the Issue Date on your Claim Form?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    [FONT=Times New Roman, serif]It is not a fine, it is an invoice from an ex- clamper for damages for the harm they allege they suffered when you did what you did. We call it a scam. Pay them not one penny unless a judge so orders it.[/FONT]

    [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

    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.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    [/FONT]
    You never know how far you can go until you go too far.
  • KeithP wrote: »
    Do not post your Acknowledgment of Service.

    Instead, do the AoS, by following the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread[/URL]. About ten minutes work - no thinking required.

    What is the Issue Date on your Claim Form?

    Why do it this way Keith, instead of posting? Issue date is 24th October
  • Leviathan747
    Leviathan747 Posts: 246 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 6 November 2019 at 1:48PM
    The_Deep wrote: »
    [FONT=Times New Roman, serif]It is not a fine, it is an invoice from an ex- clamper for damages for the harm they allege they suffered when you did what you did. We call it a scam. Pay them not one penny unless a judge so orders it.[/FONT]

    [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

    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.

    [/FONT][FONT=Times New Roman, serif][/FONT][/URL][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    [/FONT]

    Thanks The Deep. Yes, I agree. These people are the lowest of the low!! The letters they send in capital letters and black and red would have given some people a heart attack. I imagine most people just pay up. It's really not on. Fingers crossed that the law can pull them back in line, like they have with clamping.

    And my MP is Jared O'Mara - so until he gets replaced, there's no MP support :(
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Posting it is far, far less reliable, obviously
    DO it online, as told. Dont question this, please.
  • Leviathan747
    Leviathan747 Posts: 246 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 6 November 2019 at 2:35PM
    Posting it is far, far less reliable, obviously
    DO it online, as told. Dont question this, please.

    OK. Just done it online :)
  • How long is it/ how many posts before I can post links and photos please?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Issue date is 24th October.
    With a Claim Issue Date of 24th October, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 26th November 2019 to file your Defence.

    That's nearly three 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.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Leviathan - 20 post s from memory
    Just break the link. HXXP instead of HTTP.
  • Leviathan - 20 post s from memory
    Just break the link. HXXP instead of HTTP.
    Cheers Nosferatu.

    Here are photos of paperwork and signage by pay and display meter. Also the view of the back of signs where partner parked:

    hxxp://s575.photobucket.com/user/Solomon1_2009/library/VCS

    Remember that this car park has been free for twenty years, so why would he look at the signs?
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