Claim Form - VCS / ELMS

ignavia

Thanks Redx. The revised paras 2, 3 & 4:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Claimant has provided no evidence that the Defendant was the driver of the vehicle at the time of the alleged contractual breach.

3. The Defendant's insurance policy has 2 named drivers, and other people may also drive the Defendant's vehicle, subject to permission and holding their own insurance. The Claimant first made contact more than 30 days after the alleged event. Due to this delay and the fact that no Parking Charge Notice was applied on the day, it is not known who the driver was and the balance of probabilities is not tipped in favour of the Claimant. The Defendant cannot be held liable as registered keeper, due to the Claimant not complying with the 'keeper liability' requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

4. The Particulars of Claim allege the Defendant's vehicle was parked for longer than the period permitted, but neither specify the time the vehicle was parked, nor the contractual term detailing the period permitted. The Particulars of Claim incorrectly assert that the terms and conditions are displayed at the entrance. The entrance is a busy, 4 way, traffic light controlled junction with pedestrian crossings. There is no commercial signage in this safety critical area. It is perfectly possible to enter, park and leave the car park without ever passing by a sign. Such signs as exist are placed high on poles and use such small print as to be illegible from ground level. The Claimant is put to strict proof that any contract was entered into, that a contravention occurred and any evidence they hold as to which driver parked on that day and how they contend that they have a cause of action against the Defendant as registered keeper.

Coupon-mad

Very good, email the defence off to the CCBCAQ email address once it's been signed & dated.  First step done!  

ignavia

Almost ready to go, and the scanner gives up! So, is an "electronic signature" simply typing the Defendant's name into the document? Or is there more to it than that?

KeithP

Write your signature on a very white piece of paper, take a photograph of it and embed that image into the document.

Redx

wot he said ^^^^^^^^^^^^^^^^^^^^^^ it really is that simple (black pen on very white paper) - take photo, embed it

ignavia

Thanks @KeithP and @Redx ! Will do exactly that.

ignavia

Thanks to all. Sent last night. Now nervously waiting for confirmation of receipt.

Redx

You should have already received an emailed auto receipt , check your MCOL claim history , regularly , too

ignavia

Thanks @Redx ! On closer insepection, MCOL confirms defence received. As yet no email, though.

This whole thing has been a lot of stress over several years. It's only good people like yourselves that have given us the confidence to refuse to let the bullies take our lunch money.

KeithP

Check you spam folder. You should've received an automatic receipt when emailing you Defence.
But no matter, that entry in your MCOL Claim History is enough.