Parking Charge Notice - Vehicle Control Services Ltd

sc-uk

Hi All,

An update. I've not been able to get the PCN cancelled by the landowner etc.

On 04/03 I received a Claim Form from The County Court. Particulars of the claim include ".....the terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations...."

I paid a visit to the site again today in order to get some photographs ready for my defense. There are two types of signs, a 'Welcome' sign and a 'Parking Terms and Conditions' sign, however only the 'Welcome' sign is prominent at the entrance to the site - you have to go hunting for the 'Terms and Conditions', which I will use in my defense. I would also argue it is not possible to read the sign as you drive onto the site being near to a busy pedestrian foot way. Photos attached.

As you can see the 'Welcome' sign at the entrance doesn't have a 'T&C' board on the back, and this is where I parked.

I will be doing the Money Claim Online tonight. Then I think I need to get a witness statement together.

KeithP

sc-uk said:

On 04/03 I received a Claim Form from The County Court. 

I will be doing the Money Claim Online tonight. Then I think I need to get a witness statement together.

Slow down!! Do nothing tonight.
Certainly do not ' do the Money Claim tonight' - whatever that means.
You are rushing.

I see you have told us it was received on 4th March, but please tell us the Issue Date on your County Court Claim Form.

sc-uk

I meant the AOS on MoneyClaim. Thats all!

The issue date on my Claim Form was 01/03/21.

KeithP

sc-uk said:

The issue date on my Claim Form was 01/03/21.

With a Claim Issue Date of 1st March, you have until Monday 21st March 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 5th April 2021 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 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.

sc-uk

Thank you very much for the advice. Ok so I may have been a bit premature on filing the AoS; that is done!

Yes I have been following those instructions and I am in the process of writing my defense. Is it advisable to share that on here once complete, I would like to gain peoples opinions on it's robustness?

KeithP

sc-uk said:

Yes I have been following those instructions and I am in the process of writing my defense. Is it advisable to share that on here once complete, I would like to gain peoples opinions on it's robustness?

There is no letter 's' in the word Defence. Maybe change your spellchecker to UK English.

You only have to write a couple of paragraphs to plug in to the template Defence provided.

Yes of course you can show us those few paragraphs, just like you will see on all the other Defence threads you are about to read. 

Redx

Plus it will be months before your witness statement plus exhibits are required

Makee sure that you have emailed a SAR to the DPO at VCS ltd , attaching a copy of the claim form as proof of I D under the GDPR law , to obtain all your data , if not done already

Spell defence correctly from now ok , making sure that you use UK English only

Then sort out those two paragraphs 2 and 3 and post them and only them below for critique

KeithP has given you your deadlines , so do the AOS online as directed and do not miss the DEFENCE submission deadline , then SAR , then the 2 paragraphs

sc-uk

Hi, Please find below what I am proposing for my defence:

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

 

3.  When entering the St Mary’s Gate Retail Car Park the Defendant did not see any displayed signage due to the car park entrance being on a left-hand bend and across a busy city centre pedestrian footpath, whereby the Defendants due care and attention was focussed. The parking space that was chosen by the Defendant on that day was close to the entrance and upon subsequent investigation not near to any other signage.

Whilst upon further investigation a ‘Welcome’ sign is located to the entrance of the car park, it is not accompanied by a ‘Parking Terms and Conditions’ sign, which are either located on building facades or to the rear of other ‘Welcome’ signs around the car park.

These two signs do not accompany each other in all prominent locations, there is signage of different sizes, in different locations with different fonts, font sizes and different sign types, which is misleading and unclear."

If I cold have any guidance on the above that would be appreciated. Thanks in advance.

KeithP

sc-uk said:

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

That paragraph would be better written as:
2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.

Having said that, on 27 January at 7:48PM you told us...

sc-uk said:

Yes in my appeal I did mention that I decline their invitation to name the driver.

Why have you now decided to reveal the driver's identity?

sc-uk

No Particular reason, other than telling the truth (correct I have previously declined this information). Will the Judge not ask this? I can leave it out though.

Thanks.