VCS Parking Fine and Log Book address.

wadrob32

Hi all,
Can anyone advice on the following please:
My wife Received to our current address a LBA from VCS on 01 June 2020 for a Parking contravention 28 months earlier (15 Feb 2018). After submitting a Subject Access request. She received the following:.
Notice to keeper issued 13 March 2018 - sent to old address
Final Notice issued 11 April 2018 - sent to old address
We moved from our old address in Oct 2017 to allow for us to take up employment opportunities in southern England. We lived with different relatives and had No fixed Abode, placing our belongings in storage until our permanent and current residence was ready to move into on 13 April 2018. My wife updated her Log Book with DVLA at the earliest opportunity once she had confirmed her permanent address. She received her Log book back on 01st May 2018 with updated address.
It was a bit of a shock to receive the LBA and because the incident was many months ago, she honestly cannot remember the details, who was driving and car park restrictions etc. She has not admitted to being the driver at this time.
Is she at fault for not updating her Log Book even though she had no perm address until 13 April 2018 and is it ok for VCS not to issue any correspondence to any addresses between 11 Apr 2018 and 01st June 2020 in regard's to this penalty. She did not have the chance back in 2018 to admit, challenge or confirm the contravention and the initial £60 fine.
She now has a claim against through/ in the County Business Court.
She has just sent an AOS electronically back to the claims court online

Thank you in advance for any info or advice, its just really hard to take and relate to a incident that she may have been able to resolve over 2 years ago.

WR

Le_Kirk

What is the date of issue of the claim form?  If you post that here, @KeithP will be along to give you some deadlines and some advice.  Meantime read the NEWBIE sticky and the template defence - both to be found on the first page of the forum.

D_P_Dance

Is she at fault for not updating her Log Book 

Yes, IIMU that a fine of up to £1000  could be levied.  

 is it ok for VCS not to issue any correspondence to any addresses between 11 Apr 2018 and 01st June 2020 in regard's to this penalty

Yes, it is neither a penalty nor a fine, it is an invoice.  It is all explained in the newbies,  please read it and complain to your MP.

KeithP

She has just sent an AOS electronically back to the claims court online.

As well as the Claim Issue Date that Le_Kirk mentions, please also tell us the date when you filed an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

wadrob32

Hi,
Thank you, she had no fixed address and was waiting for confirmation of our new perm address whilst living with family, hence why the log book was not updated, will this still go against her.
She filed the Acknowledgment of service yesterday 10 Feb 2021.

Redx

If she could be traced at LBC time , plus if the claim arrived at the correct address , then the V5C issue is not the core claim , the contravention is

Answer all the questions above , ideally she must do the AOS when it's 5 days or more after the issue date , online by logging into MCOL , she emails a SAR to the DPO at VCS if not done previously , then draft her defence based on the template

So issue date from the claim form is ???

You are assisting the defendant , you cannot and should not take over , her name , her responsibility , she is the defendant here

The DVLA won't be fining her up to £1000 if she fixed the log book issue last year

wadrob32

Hi, sorry LBC?
Yes the LBA and claim arrived at the correct address more than 2 years later. The claim issue date is 05th Feb 21, AOS returned online via the MCOL 10th Feb 2021.

I am just assisting the wife, working together to find a solution.

Many thanks

WR

Redx

LBA , LBC , LBCC , all the same thing , see post 5 of the newbies thread for explanations of acronyms

deadline day is somewhere around 33 days after that issue date, depending on the day it falls on , KeithP will be along to give those details , so concentrate on the draft defence and post paragraphs 2 & 3 below for critique, not the whole defence, its your combined work being checked here, not ours

its not a penalty (nor a fine either) , its a parking charge notice , as shown on the paperwork, PCN for short

they have 6 years to issue that LBC and court claim, the LBC was last year and the SAR seems to have been done back then

2018 + 6 years = 2024 for the statute, so half of that is no problem in law

Umkomaas

Hi, sorry LBC?

Letter Before Claim (LBC), Notice Before Action (NBA), Letter Before Action (LBA), Letter of Claim (LoC), Letter Before County Court Claim (LBCCC) .... various names/initialisations, depends who sends them and heads up their letter with one or other, all mean the same. 

NDW (needs dealing with)!

KeithP

wadrob32 said:

The claim issue date is 05th Feb 21, AOS returned online via the MCOL 10th Feb 2021.

With a Claim Issue Date of 5th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 10th March 2021 to file your Defence.

That's nearly 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.