Vehicle Control Services court letter: 42-months after alleged incident, and no prior correspondence

Covid_Vaccinator

Hello,
I really appreciate the incredibly useful tips that I have read on the MSE website.
Sadly I returned home from a busy clinical shift to read that I have a court case against me for an alleged car parking incident forty-two months earlier (July 2017). I have no recollection of such an incident. It appears that a few other posters have had similar issues. I honestly can not remember the event occurring, nor had any earlier letters. The total claimed is £160 with £25 court fee.

The letter has come at a difficult time as I am presently very busy on the NHS front line; both as a senior clinician and volunteer vaccinator. Moreover, one of my colleagues has sadly caught Covid-19 and will be absent for at least the next few weeks, which adds further pressure to me and my team.

I have drafted my defence based on suggestions I have read. Would anyone be able to kindly read my defence? If so, I am happy to post below. Unfortunately this court letter has added additional stress during an already very difficult period.


Many thanks and keep safe,

Coupon-mad

Hi and welcome!  

You only need to show us the alterations to the TEMPLATE DEFENCE that you added at para 2 and 3.  Not the whole thing, please, because we want you to use the template as intended.  Here is how to argue that you 'know nothing' and put the C to strict proof (obviously don't copy the stuff about not recognising the VRM or stuff about guessing it's a hired car, or about Notice to Hirer (assuming your case isn't about a hire car):

https://forums.moneysavingexpert.com/discussion/comment/77973199#Comment_77973199

The PCN and letters in 2017 went to an old address because you failed (sorry!) to update your V5C when you moved.  Changing your DRIVING LICENCE address doesn't change the registered address of any car.  This happens all the time.  If you still own the car get online and charge the VRM address now with the DVLA to prevent this happening again (in fact, between 2017 and now you could have missed other PCNs...had you thought of that?). 

I would suggest you also email the DVLA data sharing team to ask for the dates and details of any parking firm or authority, or any party, who has requested your DVLA data for that car.  There may be more like this.

What's the issue date of the claim?

What date did you do the AOS online, as per the NEWBIES thread link to a picture guide?

Covid_Vaccinator

Many thanks Coupon-mad,

I've read many of your insightful posts.

Issue date 07/01/21, so 14 days (plus extra 5 for day of service) would mean deadline 25th Jan - though want it submitted before then. I did not respond earlier as I wanted to check it wasn't spam.

I've owned the car for ~5 years and lived at the same address throughout that period.

I hope the following makes sense;

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question, but liability is denied. 

 3.  The Defendant denies that this Claimant complied with the POFA - whatever the circumstances or alleged connection to the Defendant - and the Claimant is put to strict proof of their cause of action and allegation of either keeper, driver or hirer liability for a parking charge.  No Notice to Driver nor Keeper, nor Hirer (see POFA definitions) has been served, to the Defendant's certain knowledge.

The defendant has no recollection of the alleged incident.  The Claim Form H1QZ2105, was sent 42 (forty-two) months after the alleged episode (17/07/2017).  The defendant believes he was working in the NHS that day from 09:00 to 18:00 (could even have been later).  The defendant believes that Newcastle City parking is free after 17:00 and is sure he would have parked in such carparks.  Moreover, if he had parked in the Barker and Stonehouse Carpark during business hours, he believes he would have obtained a ticket as has been the case (frequent Barker and Stonehouse customer).  The defendant is uncertain what signage may have been available at the time of the alleged incident (including clarity of signage), and whether any was visible at the date and time of the alleged incident.  However, he believes that the store would have closed at 17:00, thus, the defendant questions the material costs that could have arisen if the alleged incident had occurred.  Crucially, the defendant has not been able to mount a contemporaneous defence as he received claim letters relating to the alleged episode.  He can confirm that he has not visited Barker and Stonehouse for a while, especially during the Covid-19 pandemic, and thus can not relay the current parking situation at Barker and Stonehouse. However, the defendant believes that the current signage may not be indicative of what may have been available at the time of the alleged incident.

Moreover, the defendant feels a degree of harassment having only received notice of the alleged incident 3.5 years after it is suggested to have occurred. The defendant is a dedicated NHS professional, and is distressed by the added stress of this case.

KeithP

Covid_Vaccinator said:

Issue date 07/01/21, so 14 days (plus extra 5 for day of service) would mean deadline 25th Jan - though want it submitted before then.

With a Claim Issue Date of 7th January, you have until Tuesday 26th January 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 Tuesday 9th February 2021 to file your Defence.

That's over three 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 by email, 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

Remove all mentions of 'hirer' if you have never hired that car and in fact are the keeper.  The rest looks fine!

Make sure you get a SAR from VCS first - email that tonight (see NEWBIES thread SAR details).  And do the AOS.  You will then have till early Feb to do the defence, as per KeithP's instructions. 

That's why we do the AOS and get a SAR because the SAR will help shed light on which address the PCN went to and what the allegation is.  NB: if the SAR reply doesn't arrive before the defence deadline of course you must file the defence in time anyway!

Le_Kirk

 Crucially, the defendant has not been able to mount a contemporaneous defence as he received claim letters relating to the alleged episode.

Did you mean: -

 Crucially, the defendant has not been able to mount a contemporaneous defence as he NOT received claim letters relating to the alleged episode.

However, he believes that the store would have closed at 17:00, thus, the defendant questions the material costs that could have arisen if the alleged incident had occurred.

This reads like "no loss" and is not a defence point.

Redx

Bear in mind that February deadline date , do the AOS online today if not done already , plus email the SAR to the DPO at the PPC too , ASAP if not done already

So you have 33 days from the date of issue , not 19 days , due to completing the AOS

Any court date will likely be in summer or autumn this year

Covid_Vaccinator

Thanks all,
Realised my fairly basic mistakes that were picked up by @Coupon-mad and @Le_Kirk. I have amended both errors.
@KeithP @Redx, thanks for the timelines.
I will complete SAR this morning. Crashed out last night as I'm exhausted at present. Thankfully today is my day off as I managed to sleep through my alarm. If VCS have the correct address, but I believe I never received any correspondence, does this still count in my favour? They can claim they posted letters, however nothing was 'signed for' or 'recorded' etc. Also, there is an irritating habit of my post going to a different address (previous issue with Sky).

Cheers,

nosferatu1001

You state nothing was received they cannot claim you did. Judge then decides based on how they think you appear - truthful or not. Could you have moved and not updated v5? That's common reason

once You've done the defence you'll get a form a few weeks later, that takes five min to com0lete. Any court claim won't be for months, when hopefully you've had a chance to catch up on some rest!

1505grandad

"The Defendant denies that this Claimant complied with the POFA - whatever the circumstances or alleged connection to the Defendant - and the Claimant is put to strict proof of their cause of action and allegation of either keeper, driver or hirer liability for a parking charge."

It may be just me but if D is relying on POFA re non-RK liability does the following not scuttle that by suggesting - on the BoP - who the driver was even if the parking event was at a different place?:-

"The defendant believes he was working in the NHS that day from 09:00 to 18:00 (could even have been later).  The defendant believes that Newcastle City parking is free after 17:00 and is sure he would have parked in such carparks."

Redx

The most common reason for non receipt is due to not updating your V5C log book , a common mistake that the DVLA can fine you up to £1000 for failure to do , same again with your driving licence as well

These companies do not need to use signed for or special delivery either (no such thing as recorded , not for many years)

Read this thread and post by Johnnersh

https://forums.moneysavingexpert.com/discussion/6210285/postal-service#latest

It's hard to argue against a court ruling !!

They only have to show they obtained RK details from the DVLA in the licensed manner according to their Kadoe contract with the DVLA , so on the balance of probabilities they did do that , and did post out to that last known address , so check that your V5C is correct and up to date. They can only obtain that data once per pcn

So you cannot aver that they did not send it to that DVLA address because you have no proof , but you can say that you haven't received it , but if that was your fault for failing your legal obligations , it's not a good excuse , is it ?

VCS do tend to get DVLA details and do issue postal PCN s to DVLA obtained addresses , that is beyond dispute , it's their business !!