VCS Claim & Defence

emilycharlotte

Hi All
I received Court papers through the post and I am due to file my defence by 30 June. 
Circumstances were that I was driving father in law's car and ran over the 2 hour period in a car park. My father in law never received the first invoice from VCS- he received the second invoice headed 'final reminder' so we wrote to VCS: "your invoice headed up "final reminder", dated 1.11.19,  was the first that I have received. No notice to keeper was received. Your invoice therefore does not comply with the notice to keeper rules set out in the Protection of Freedoms Act and your invoice will not be paid". 
In response, VCS wrote back along the lines of it wasn't their problem, post went missing, and just re-offered the 'reduced' invoice amount so I wrote to explain I was the 'hirer' and then usual letters and LBC was received in my name. 
My defence is as attached.
I will add my name & case number, print, sign, scan and add in the relevant case law. Just wanted to check I'm not missing something obvious before I get it sent off? 
Many thanks for your help!

Le_Kirk

I believe that you should change the part in #17 to indicate the actual case (paragraph 8 or 9) as they relate to NTD or NTK.  Read the instructions that came with the template defence.  You should make the changes and then rend the text in black, as you have correctly done with the rest of the defence.

KeithP

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

Coupon-mad

If you are admitting to being the driver (you weren't hiring the car?) then remove the template #17 as it makes no sense to talk about the POFA.

emilycharlotte

KeithP said:

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

The issue date was 28 May. 
Coupon-mad said:

If you are admitting to being the driver (you weren't hiring the car?) then remove the template #17 as it makes no sense to talk about the POFA.

I told them I had hired the car so I didn't admit who was the driver.  Will that be a problem or should I admit to having "borrowed" the car rather than "hired" and that I was the driver. Hope I've not messed up! Should I leave the paragraph 17 in as it is? 

Thanks for your help. 

KeithP

emilycharlotte said:

KeithP said:

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

The issue date was 28 May. 

With a Claim Issue Date of 28th May, and assuming you have filed an Acknowledgment of Service in a timely manner, you do indeed have until 4pm on Tuesday 30th June 2020 to file your Defence.

Not long now. Plenty of time to produce a Defence.

To create and file a Defence, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

D_P_Dance

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 in some cases, cancellation. 

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,

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

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

Coupon-mad

emilycharlotte said:

The issue date was 28 May. 
I told them I had hired the car so I didn't admit who was the driver.  Will that be a problem or should I admit to having "borrowed" the car rather than "hired" and that I was the driver. Hope I've not messed up! Should I leave the paragraph 17 in as it is? 

I'd change it and be the admitted driver because the car was borrowed.  Don't try to use the POFA.

emilycharlotte

Coupon-mad said:

I'd change it and be the admitted driver because the car was borrowed.  Don't try to use the POFA.

Thank you - I have now changed that part and added in the circumstances for the overstay at number 17. I have attached again. 
I will  now add in the case number and details and case law, print, sign, scan and then file on morning of 30th unless I hear anything to the contrary on here. 
Thank you for everyone taking the time out to help, it is much appreciated. 

beamerguy

VCS are not the smartest page in the book because no doubt they have added a scam charge of £60
That confirms they are not the smartest page in the book because they have tainted their claim.  The courts view (unsmart) rogue traders who add fake amounts like this .....
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

You will see VCS listed and their sister company Excel both owned by a bod called Simon Renshaw-smith .... whoever she is

The history of VCS is that that once used a legal called BWLegal who failed them time after time.  VCS then started a DIY but continued in the same vein as BWLegal .. failures


Lemmings are more intelligent

emilycharlotte

Ok so update on this.
VCS have today emailed me twice and seem to have f***ed up and are confused over who I am. 
My matter is listed on 27th November by telephone call. Witness statements to be filed 14 days before. The Court bundle is to be filed 2 days before. I therefore calculate that witness statements are due this Thursday, I will need to crack on with this tonight as need to provide one from me and another one will need to come from hubby who came to my rescue with jump leads after the car broke down. 
So today I have had an email from VCS with the case title, hearing date and the claim number as the subject. The body of the email says "please find attached the statements of case for the above matter. I confirm that a copy has been sent to Court". The claim number is incorrect but hearing date and title is fine.
When I open up the bundle they have sent me a claim form for another poor victim of VCS's over in Blackpool who are also being claimed against for 'breach of contract'. I have their full claim form, defence, VCS's witness statement, site information and VCS's evidence against this poor woman. It also lists hers and her husband's name, address and email address and telephone number (ooooops). I can see that she has also counterclaimed against VCS and they don't appear to be very happy about that.  It details her name, address, car and the full case name, number, court it is being heard at etc. What I am equally concerned about is that VCS have used exhibit sheets in-between their 'evidence' that list my name, claim number and case title on. So mine and this woman's case have been mixed up and VCS have sent this information to Court- but I don't know if they have sent this to Blackpool Court or the Court where my case is being heard (different court). 
I then received a subsequent email from VCS which I assumed was an apology they'd got that all mixed up but actually they have just clarified that they got the claim number wrong and sent me the correct claim number- fab! They haven't corrected the f*** up on the bundle.
What do I do now? I am aware this is clearly a mistake on VCS's part and mistakes are made. I am a bit/very peed off that my information may have gone to this woman in Blackpool, the same way hers and her husband's information has come to me. 
Do I point out the mistake to VCS and report them to ICO for the data breach? 
Do I email or phone this woman/ her husband and explain what's happened and then point her in the direction of this group and offer her some guidance of how to deal with her matter (only sort of joking with this option but I would like to know if she has my papers??!). 
Not sure if there is anything to be gained by VCS's mix up but I am assuming probably not.