VCS Claim form. CCBC.

Mrowka

Hi,

My first post here, because I was quite good in ignoring letters and calls from vcs and bwlegal (as per sticky thread) to the point in November last year - I have ignored LBC from vcs. Now I received CCBC claim form and Experts - I need your help.

Let me tell you the story first:
I have received PCN to registered keeper on XX/06/2016. The contravention was: Stopping on a roadway where stopping was prohibited (date XX/05/2016 Robin Hood Airport approach roads). I have followed the steps from Newbies and appealed with standard email. VCS rejected it, so I have appealed to IAS. Prima Facie Case requesting evidence was received on XX/08/2016 and I had 10 days to submit it, but I was on holidays from XX/07/2016-XX/07/2016 - obviously it was dismissed on XX/08/2016. I have sent them an email with boarding cards, but was only acknowledged as an email received. I have also complained to Doncaster Airport - no response.

As I have mentioned before, I have ignored LBC issued on XX/11/2019.
On the XX/01/2020 I have received CCBC letter. The issue date on letter is XX/12/2019.

Particulars of Claim:
The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant`s vehicle XXXXXX was identified in the Robin Hood Airport, Approach Roads on the XX/05/2016 in breach of the advertised terms and conditions; namely stopped on a roadway where stopping is prohibited. At all material times the Defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. The Claimant seeks the recovery of the PCN, contractual costs and interest.

I have not provided vcs with driver details.

Now I have few questions:
1. Is this letter genuine as court stamp looks like it is printed and letter is not signed, only printed name Simon Renshaw-Smith?
2.I have found on forum where you guys are saying that the letter is genuine (ttps://forums.moneysavingexpert.com/showthread.php?t=5800086). That means I need to complete AoS before 12/01/2020, submit Defence statement on the 23/01/2020, to make sure it will be in the court on 26/01/2020. Am I correct that it is 28 calendar days not working days, from the day of service?
3. Is there any point/time in requesting SAR from VCS?
4. Is the PCN correct as there is no parking offer?
5. What should be defence strategy? VCS assume that I am RK and driver, hence POFA not apply, I think. Signs do not state what are the emergency arrangements in case of car malfunction?

I have some photographs (vehicle, signs and site) sent to me by VCS in 2016.

Bit long thread, but after reading some similar posts I thought, I will try to provide as much information as possible, so experts can quickly provide some help. VCS wasted a lot of my precious time withholding CCBC letter till last minute.

Thank you.

beamerguy

Has VCS added a fake amount such as £60 ???

Coupon-mad

Is this letter genuine as court stamp looks like it is printed and letter is not signed, only printed name Simon Renshaw-Smith?

Yes.

You can tell from the password (bottom right) to use MCOL to do the AOS online.

Am I correct that it is 28 calendar days not working days, from the day of service?

Obviously, why would anyone think 'a period of 28 days' is suddenly 'working days'?

Is there any point/time in requesting SAR from VCS?

Yes.

Is the PCN correct as there is no parking offer?

Who cares? It's the same as all the other VCS defences re airport stopping.

What should be defence strategy? VCS assume that I am RK and driver, hence POFA not apply, I think. Signs do not state what are the emergency arrangements in case of car malfunction?

Luckily, the byelaws do, and if you search the forum for:

VCS defence airport byelaws Ransomes

...you will find this has already been done.

KeithP

Mrowka wrote: »

On the 04/01/2020 I have received CCBC letter. The issue date on letter is 24/12/2019.

With a Claim Issue Date of 24th December, you have until Monday 13th January to file an Acknowledgment of Service, but 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 27th January 2020 to file your Defence.

That's 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. 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.

Mrowka

Beamerguy, Coupon-mad and KeithP thanks for your quick response.
Yes vcs added £60. I will request SAR of them - what is the time scale for them to replay?
I will look on forum as advised. Thank you.

KeithP

Mrowka wrote: »

I will request SAR of them - what is the time scale for them to replay?

They have one calendar month to respond to a SAR.

Mrowka

Hi,

I have submitted AoS last week as recommended by KeithP.
Now I am preparing defence.
Sorry if you think this is silly question, but where can I get a copy of the RHA byelaws? I have searched on google, but no joy.

Thanks.

The_Deep

[FONT=Times New Roman, serif][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, and has been known to get the charge cancelled.

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][/FONT]

Mrowka

Thanks I will drop my local MP email with complaint.

THX-1-1-3-8

Mrowka wrote: »

Thanks I will drop my local MP email with complaint.

Im currently fighting them too. Ill say only this:

When issuing the SAR - Sign and date the document. Ill happily link the SAR I used if needed which they did respond to.

Sign it, Date it and get proof of postage. Ensure its delivered the next day so you know WHEN they got the request. They then have 1 month.

When you get their response - check the date the wrote it. They are known to lie about when they did work. Also KEEP the postal envelope as this will prove when they SENT the response. If its outside the 1 month window - complain to the ICO.

VCS have an AWFUL record of Data Protection, as ive learnt at my cost.

Get images of all signs on the date in question - high resolution close up and map out where they are.

Read other Defence Statements and pick relative points.

Im sure others will help out and if im successful in a few weeks time ill share more.

Coupon-mad

Mrowka wrote: »

Hi,

I have submitted AoS last week as recommended by KeithP.
Now I am preparing defence.
Sorry if you think this is silly question, but where can I get a copy of the RHA byelaws? I have searched on google, but no joy.

I am sure they are Google-able, did you search the full Airport name or look on their website, not acronyms like RHA?