Vehicle Control Services LTD County Court Claim from 2016!

therev1102

HI everyone. Looking for some advice. I received a County Court Claim from VCS on the 3rd January 2020 saying that they are claiming £185 for a "breach of contract" which I a, unaware of as the date shown happened at the time I relocated from my previous address. In 3 years I haven't heard anything about this.
My wife, whos a bit clever with law lol has put together a defense satement and I am just wondering if anyone could offer any advice or additions?

Thanks in advance!

Defence Statement

I dispute the full amount claimed of £185.00 and give my defence below.
i) I did not receive a Notice to Keeper or Notice to Driver at my address detailing any breach of contract that vehicle YD05 FKE was in breach of advertised terms & conditions and I was therefore not aware of any charges being brought against me.

ii) As per the above, I would therefore not have had the opportunity to respond within the timeframe of 28 days to dispute any charges against me as per POFA Schedule 4, para 8 and therefore would not see this as failure to settle any outstanding liability.

iii) In September 2016, I relocated to Wigan. Since the 02/09/2016 I have not received any correspondence at my current address regarding any breach of contract until I received the County Court Claim form on the 3rd January 2020.


iv) I do not have any recollection of stopping on a roadway where stopping is prohibited, as is stated in the particulars of the claim. With this in mind, I am unaware of any signs displayed at the location related to in the particulars of the claim.

This therefore constitutes my defence regarding the breach of contract for breaching the terms and conditions set on private land and request that this charge is cancelled immediately. Should this not be cancelled I require further information relating to the claim in question:

1. Evidence of any Notice to Keeper and Notice to Driver stating the timeframes to reply to any charges.
2. Dated photographs of the signs that you say were onsite at the time which you contend a contract on the 2nd September 2016.
3. Photographs taken of this vehicle.

Inner_Zone

therev1102 wrote: »

HI everyone. Looking for some advice. I received a County Court Claim from VCS on the 3rd January 2020 saying that they are claiming £185 for a "breach of contract" which I a, unaware of as the date shown happened at the time I relocated from my previous address. In 3 years I haven't heard anything about this.
My wife, whos a bit clever with law lol has put together a defense satement and I am just wondering if anyone could offer any advice or additions?

Thanks in advance!

Defence Statement

I dispute the full amount claimed of £185.00 and give my defence below.
i) I did not receive a Notice to Keeper or Notice to Driver at my address detailing any breach of contract that vehicle YD05 FKE was in breach of advertised terms & conditions and I was therefore not aware of any charges being brought against me.

ii) As per the above, I would therefore not have had the opportunity to respond within the timeframe of 28 days to dispute any charges against me as per POFA Schedule 4, para 8 and therefore would not see this as failure to settle any outstanding liability.

iii) In September 2016, I relocated to Wigan. Since the 02/09/2016 I have not received any correspondence at my current address regarding any breach of contract until I received the County Court Claim form on the 3rd January 2020.


iv) I do not have any recollection of stopping on a roadway where stopping is prohibited, as is stated in the particulars of the claim. With this in mind, I am unaware of any signs displayed at the location related to in the particulars of the claim.

This therefore constitutes my defence regarding the breach of contract for breaching the terms and conditions set on private land and request that this charge is cancelled immediately. Should this not be cancelled I require further information relating to the claim in question:

1. Evidence of any Notice to Keeper and Notice to Driver stating the timeframes to reply to any charges.
2. Dated photographs of the signs that you say were onsite at the time which you contend a contract on the 2nd September 2016.
3. Photographs taken of this vehicle.

Ask a board guide to move this to the correct part of the forum:

The Parking Tickets, Fines & Parking Board

Read the Newbies sticky there and do not hijack someone elses thread as you have done there already, you will upset the experienced and regular posters there.

sevenhills

therev1102 wrote: »

HI everyone. Looking for some advice. I received a County Court Claim from VCS on the 3rd January 2020 saying that they are claiming £185 for a "breach of contract" which I a, unaware of as the date shown happened at the time I relocated from my previous address. In 3 years I haven't heard anything about this.

Has this been to the 'county court' or is it just an invoice for £185?

waamo

sevenhills wrote: »

Has this been to the 'county court' or is it just an invoice for £185?

Neither. It will be a claim. The court date will follow later.

therev1102

Thanks for the replies! I’m new here so I don’t know how to get this moved to the correct place.

It’s not an invoice I have received it’s a county court claim letter saying that the original price was £160 with court costs added on. Thanks again!

waamo

The correct board is here https://forums.moneysavingexpert.com/forumdisplay.php?f=163

Read the thread at the top of the board that tells Newbies to read it first before you post. The second post in that thread deals with the court process

sevenhills

therev1102 wrote: »

Thanks for the replies! I’m new here so I don’t know how to get this moved to the correct place.

It’s not an invoice I have received it’s a county court claim letter saying that the original price was £160 with court costs added on. Thanks again!

I guess you think it looks genuine, like its already been to court?

Mercdriver

It might be the blue letter from Northampton...

born_again

We take it that you updated the V5 with your new address when you moved and not several months later?

Car_54

born_again wrote: »

We take it that you updated the V5 with your new address when you moved and not several months later?

The alleged infraction date is 2nd September. Correct?
When did you move house?
When did the address change with DVLA take effect? (Date with DOCREF at foot of page 2 of your V5C.)
Did you have mail re-direction in place?


AFAIK the parking company will have asked DVLA for your address on the date of the "offence". If this was before you moved all of the correspondence will have gone to that old address.

therev1102

Thanks again, I know this is on another posters thread so I apologise. I moved away on the 22nd September 2016. Address change took effect from 1st Jan 2016 (according to my drivers licence.) I couldn’t tell you the exact date that the logbook was updated but it was around October 2016 and I don’t own the vehicle anymore.