Claim Form received - VCS - WON - For the second time!

lyndonp59

My son has received a Claim Form (court papers) Issue Date 7th July 2020 as the Registered Keeper and/or driver from VCS.

The claim is for an alleged breach dating back to May 2015 for an alleged 19 minute overstay at Berkley Precinct Sheffield. The driver has never been named. At the time of the stay the car park was busy as the bus lane on the main road was in operation so everybody has to use the car park, therefore there was a period of time before the car could be parked. VCS have never stated any allowed grace periods in the NTK or subsequent LBC.

They want recovery of the parking charge notice, contractual costs and interest of  £160 + £25 court fees.

Just a little further background:-

In May 2016 a LBC was received from BWLegal which we replied denying the debt and asked for more information. Nothing was heard again from them until April 2019 (i.e. 3 years later) when VCS sent a LBC which has estimated interest of £49.24 on top of the other costs. We wrote back as before and didn't hear anything until February this year 2020 (i.e. 10 months later). Wrote back again asking for more information on how the cost were made up and stating the LBC still did not follow pre action protocol. In June (4 months later) we get another letter stating if we didn't pay in 14 days they would take it to court.

At this point I used the template letter on here asking them what legal authority did they have to add the £60 to the £100. A reply was never received and instead they just issued the court papers. They would have received this latest letter before the 14 days were up but have chosen to ignore it.

So for over 4 years they have not replied to our letters yet they intend to add on interest for that period of time they have been inactive - is that allowed? We have always replied within the time period of their letters.

I have read a lot of very useful information on here and  I know I need to acknowledge the claim after 5 days from issue date and before 14 days and prepare the defence within 28 days but I wondered if you have any further advice before I use the defence template and add in our own defence? Thanks.

Le_Kirk

Do you now have a live court claim?  What is the date of issue?  Have you submitted the AoS - if so when?

ETA.  Just read it again and seen the issue date!

KeithP

lyndonp59 said:

My son has received a Claim Form (court papers) Issue Date 7th July 2020 as the Registered Keeper and/or driver from VCS.

With a Claim Issue Date of 7th July, you have until Monday 27th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 10th August 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.

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Coupon-mad

Read the several other Berkeley Precinct cases.

We win 99% of cases and this will be fun!  The template defence is also at the top of the forum for your to adapt and KeithP has given you all you need to know, to find what you need.

Umkomaas

but I wondered if you have any further advice before I use the defence template

This must all be in your son's name. You cannot deal with this under your signature. You can, by all means do the background work, but your son carries the responsibility. If it gets to an actual court hearing, your son must attend. You can attend with him, you could also represent him, but he has to be there. 

Google 'Lay Representative', and while you're at it check out 'McKenzie Friend' so you understand the difference, as some Judges have asked precisely which of the two roles the representative was intending to undertake. 

beamerguy

Some background for you.

VCS did use BWLegal  and we assume they sacked them because they kept losing.
PREVIOUS BWLEGAL FAILURES (inc VCS)
https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing

VCS then started to copy the rubbish of BWLegal and guess what, their DIY version fails as well ?
Most of the VCS failures are the result of adding fake amounts as they have done with you.
The courts calls this Abuse of process and VCS have tainted their claim now

Your job now is to highlight to the court the VCS abuse of process as it now makes their claim unreliable and as such, you can ask the court to strike out their claim and you claim your costs.
There is every chance the court will strike it all by themselves 

Take your time and read about Abuse of Process.  You will see that VCS get spanked a lot.

ABUSE OF PROCESS PART 1
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
Each case is different but the common denominator is the fake £60 added

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your M,P., it can cause the scammer extra costs, 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 later this year,

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

lyndonp59

Umkomaas said:

but I wondered if you have any further advice before I use the defence template

This must all be in your son's name. You cannot deal with this under your signature. You can, by all means do the background work, but your son carries the responsibility. If it gets to an actual court hearing, your son must attend. You can attend with him, you could also represent him, but he has to be there. 

Google 'Lay Representative', and while you're at it check out 'McKenzie Friend' so you understand the difference, as some Judges have asked precisely which of the two roles the representative was intending to undertake. 

Thank you for clarifying that. It was something I was going to ask about later when it goes to court as I would like to actually be defending on his behalf as even though he is now 5 years older (!) I feel it would be better if I do the talking as after reading up about it on here over the years I understand it much better.

I had read about right of audience and wasn't sure if he needed to attend. I now know he needs to attend and I will be the lay rep.

Is there anything I need to do or be aware of the on AoS, Defence, DQ or Witness statement if I am to be the lay rep? Is it only on attending the court I need to declare it to the usher or judge?

nosferatu1001

Everything pre court comes from the defendant. Can be written by you but they must sign it etc. You play no for,al part until the day of the hearing.  You will take a copy of the lay rep act with you, so you can directly quote. 

KeithP

Is there anything I need to do or be aware of the on AoS, Defence, DQ or Witness statement if I am to be the lay rep? 

Whether you are a lay rep or not doesn't change any of that.

As @Umkomaas has already said but it is worth repeating, everything, absolutely everything, must be done in the named Defendant's name.

Le_Kirk

Is there anything I need to do or be aware of the on AoS, Defence, DQ or Witness statement if I am to be the lay rep? Is it only on attending the court I need to declare it to the usher or judge?

Yes, just turn up and advise the usher/receptionist.  You've already received plenty of advice about having it in "the defendant's" name but I hope you also realise that he will have to turn up at court.