VCS claim form - Flora St Sheffield - please help!

Idevans

Hi all

I know this forum is flooded with enough VCS and BW Legal parking threads already but I’ve struggled to find one quite in the same predicament as me. So I’m hoping you kind folks can bare to read one more and help me out :-)

In 2016 a car I owned got a ticket for parking at Flora St car park in what was widely regarded (based on the number of cars using this area at busy times) an “overflow” area.

The bit where this differs from other posts is I stupidly/naively emailed VCS to argue this ticket and am concerned that this is an admission that I was the driver and therefore blowing the “go to” defence for these cases.

Well over 3 years on I’ve now received a county court claim form for £160 plus £25 court fee and am wondering whether it’s best to just swallow my pride and settle it or defend it but knowing that my defence is somewhat compromised by my knee jerk email?

Any help would be greatly appreciated!

Merry Christmas eh? :-(

KeithP

What is the Issue Date on your County Court Claim Form?

Idevans

16th December

KeithP

Idevans wrote: »

16th December

With a Claim Issue Date of 16th December, you have until Monday 6th January to file an Acknowledgment of Service. If possible, do not file an AoS before 24th December, but otherwise there is nothing to be gained by delaying it. To file an 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 filed an AoS, you have until 4pm on Monday 20th January 2020 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

Coupon-mad

Well over 3 years on I’ve now received a county court claim form for £160 plus £25 court fee and am wondering whether it’s best to just swallow my pride and settle it or defend it but knowing that my defence is somewhat compromised by my knee jerk email?

Given the fact that they can't claim £60 quid of it and you will 99% likely win your case anyway, why would anyone consider paying that inflated sum?

A defence is not just about the POFA.

Search the forum for Flora VCS and also read CEC16's thread about the added £60 being struck out and BW Legal failing to overturn that.

Idevans

Thanks guys, will give it a go!

KeithP

Idevans, how's your Defence coming along?

Less than a week to go now.

Idevans

Just pulling together now. I've found another thread on the forum telling of a recent win against VCS for exactly the same alleged contravention so this gives me optimism!

Their defense was based on an archive of other cars parked in the same place on numerous occasions suggesting that signage is inadequate and unclear restriction markings. I have some photos which I took back in 2014 when this happened just in case I'd ever need them so will submit these with my defense.

One question I had was how important is it that my defense is written in a formal "legal" way? Can I not just set it out in layman's terms?

Thanks!

KeithP

Idevans wrote: »

One question I had was how important is it that my defense is written in a formal "legal" way? Can I not just set it out in layman's terms?

Why would you want to do that?

There are seventeen examples of Defences linked from post #2 of the NEWBIES thread. Use one of those as a starting point.

You had over four weeks, but now only four days to go...

Idevans

Thanks Keith, your help is really appreciated.

Below is my defence - is this sufficient?

This is the quote from the user who won their case for the same "contravention" which has formed the basis of my defence:

the judge dismissed the 'not parked in a bay' excuse as she took this to mean parked over multiple bays, she concentrated instead on the parked in a restricted zone section. I was parked next to a restricted zone, there were no road markings to state the area I was in, was restricted, this is what won it, unclear restriction markings

My final question is should I submit the photos I have with this? (numerous other cars parked in the same place and the signage).

Thanks in advance for your advice!


1. The Defendant was the registered keeper and driver of vehicle registration number ###### on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The vehicle was parked next to a restricted area, not in it. There were no markings to state that the area where the vehicle was parked was restricted. Given the lack of clarity regarding how or where a driver is, or is not, allowed to park in this car park, no contract can be construed, under the contra proferentem principle.

3. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within the lines of one parking bay, giving no definition of the term 'correctly parked' and the image on the signage suggests this refers to not parking across multiple bays.

4. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

5. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

6. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

7. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Coupon-mad

Redact your numberplate from the above post. Don't show us personal data.

And no, you don't submit photos with your defence. Photos & evidence is a later stage as the NEWBIES thread tells you, so read the bit with the red heading:

IMPORTANT - KNOW WHAT HAPPENS WHEN

As regards the defence, that is actually FINE as a concise defence as long as you are aware that there will be much to add, at WS stage later, including the long wording about the added £60.

It is OK to wait till WS stage to add that as your concise defence mentions it in your #6. But don't forget to include it (the words from post #14 of the Abuse of Process thread) at WS stage, and do read CEC16's thread now, in advance, so you understand it.

Have you also read enough VCS threads to know what their template WS looks like? It's been shown umpteen times, and the best outcomes are from posters who read ahead, and read plenty of other threads about the same PPC.