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

Covid_Vaccinator

Coupon-mad said:

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?

Back to looking at the parking charge (NHS, vaccinations, and rest took priority).

I've asked DVLA on when my details were requested. I've lived in my home longer than I've owned the car so no issues with incorrect address. However, it's a (relatively) new build property, and occasionally letters are sent to a different street - I had this problem with Sky a couple of years ago. Is it worth highlighting this in my defence? Still have issues - never received the Governments generic lockdown letter. Cards sent by friends have also failed to arrive.

Filed the AoS as soon as I read the post so the 9th Feb deadline stands. Promptly fell asleep and forgot about SARs, but I did that last week, as well as SARS to DVLA. I appreciate the SARS will come after the defence deadline, and that I need to submit the defence irrespective of the SARS. At least I didn't send the SARS request on my nhs.net address - don't want VCS learning anything else about me(!)


Thanks once again

nosferatu1001

Yes, but its of little consequence. Just shows why you didnt engage before now. ONE LINE is all it takes, dont elaborate, as rememebr this is a document about legal argumetns, the document about facts is the WS. 

Covid_Vaccinator

Hi all,
Day off tomorrow - thought I would celebrate by completing the statement.
Then realised, tomorrow is 11th, not 9th, and I've missed the deadline.
How screwed am I?

Thanks.

KeithP

Covid_Vaccinator said:

Hi all,
Day off tomorrow - thought I would celebrate by completing the statement.
Then realised, tomorrow is 11th, not 9th, and I've missed the deadline.
How screwed am I?

Thanks.

File your Defence at the earliest opportunity.

The Claimant has had since 4pm yesterday to seek a Default Judgment against you.

You are now in a race.

If the Claimant seeks that Default Judgment before you get a Defence filed, then it's game over - you lose.

If however you file a Defence before they wake up then you go through to the next round.

Get that Defence filed before 8am tomorrow morning.

Coupon-mad

Win the race and you are not screwed.  No idea what you are waiting for.  The template defence only takes half an hour to bung in some facts to point #3.

KeithP

The Defence draft you posted here on 17th January only needs slight tweeks.

Easy stuff... half an hour's work.

Covid_Vaccinator

KeithP said:

The Defence draft you posted here on 17th January only needs slight tweeks.

Easy stuff... half an hour's work.

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 or driver liability for a parking charge.  No Notice to Driver nor Keeper has been served to the Defendant's certain knowledge.  The defendant confirms that there have been issues with receiving post at his property over a number of years, including bills from Sky TV and Boris Johnsons Covid-19 letter.  He is aware that, on occasion, his post has been inadvertently delivered to a different street.

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), and that the store would have closed at 17:00.  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.  Crucially, the defendant has not been able to mount a contemporaneous defence as he received claim letters relating to the alleged episode.  However, the defendant was made aware that in January 2020 there were misleading sign stating “… will receive a parking fine,” which is in breach of Consumer Protection from Unfair Trading Regulations.  A photo of this can be supplied if requested.  The defendant 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.

Finally, the defendant wishes to profusely apologise for the delay in submitting this form.  He has been extremely busy on the NHS frontline and was awaiting the details of a SAR request from VCS.  Unfortunately, and solely due to clinical duties and the well-documented stress that this has caused all staff within the health service, the defendant the 9th February deadline.  He pleads that this is understood by all parties.  The added stress has contributed to a deterioration in wellbeing during an already difficult time.

Redx

have you filed that yet and received an auto response ? because last night you were told to email it before 8am this morning , so by 4 hours ago

Covid_Vaccinator

Just about to submit - I crashed asleep and slept through alarms.
I only have 122 lines - how do I get it all in, or do I just need part 3?

I am also on the phone to the county court.


many thanksRedx said:

have you filed that yet and received an auto response ? because last night you were told to email it before 8am this morning , so by 4 hours ago

Covid_Vaccinator

And I can't submit as the website is crashing.
Hoping to speak to someone in the money claim service.


Yes, should have done this earlier.
I prioritised NHS over everything else at present