VCS - County Court Claim - DCB Legal - Next Steps

SirQuaver

Hi all,

I have been appealing a parking fine as per the advice of this forum since 2016. Maybe 5 emails down the trail at this point. Things went quiet for the past 2 years so to be honest I'd totally put it out of mind. Today I got a letter from "Count Court Business Centre Northampton"

Claimant: VCS
Claimant Solicitor: DCB Legal Ltd
Issue Date: 16th August 2021 (Received today 19th Aug)

Particulars:

1. Indebted to claimant for Parking Charges
2. PCN Case Number Specified
3. PCN on private land managed by C and in breach of signs (I believe they have photos of large signs that in truth I did miss)
4. The driver agreed to pay within 28 days but did not. D is the liable driver or keeper - I did NOT agree to pay within 28 days, this is a flat out lie. This also suggests they do not know who was actually driving the vehicle?
The contract entitled C to damages:

£160 PCN + Damages + Interest at a rate of 8% per annum + £35 court fee + £50 Legal costs

What are the next steps at this point? For starters 8% per annum during a pandemic seems a bit suss...

Cheers all, not sure if I should just pay the thieving gits at this point to get the headache gone.

Redx

The signs will state that the driver contracted to pay within the 28 days , it's a standard term , often misquoted by newbies , it's a non point , so ditch it. Of course they do not know who was driving , unless somebody told them

Every time a driver parks a vehicle they form a contract with the landowner or council or highways England etc

It may not be a written contract , but it is a contract !!

The steps are covered in the newbies FAQ sticky thread near the top of the forum

I would , do the AOS online by logging into MCOL next week , probably on Tuesday

I would email a SAR to the DPO at VCS attaching a copy of the claim form as proof of I D under the GDPR law to obtain all my data , documents and pictures

I would read posts 5 & 2 in the newbies FAQ sticky thread near the top of the forum in announcements , carefully

I would read through a dozen or more recent 2021 court claim threads by other members , see how they adapted the template defence by coupon mad , then start drafting my own , posting the adapted paragraphs only below , for critique and further advice

Those would be my next steps !! So I suggest that you follow them

Ps , be cheaper to lose in court than to pay in full at this time

SirQuaver

" Ps , be cheaper to lose in court than to pay in full at this time "

Is this the case? How much will it cost to follow the steps as you outlined and potentially lose in court?

Redx

SirQuaver said:

" Ps , be cheaper to lose in court than to pay in full at this time "

Is this the case? How much will it cost to follow the steps as you outlined and potentially lose in court?

A typical loss in court would be £200 or less , once the spurious charges are removed , as mentioned in hundreds of other threads on here , check out the Wilkinson case and the Recorder Cohen judgment etc

SirQuaver

I have adapted the paragraphs as suggested along these lines:

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. The Defendant admits to being the driver on the night in question.

 

3.  The Defendant states that on the night in question displayed signage was i) obscured by a large stationary vehicle, ii) it was dark with poor weather conditions making visibility difficult, iii) signs were poorly lit, iv) signs were small. These conditions lead to the Defendant believing in good faith that parking was permitted and no payment was required.

Redx

Reduce 2 to one sentence , keeper and driver , adding 2 words only , lose the second sentence

KeithP

SirQuaver said:

Today I got a letter from "Count Court Business Centre Northampton"

Claimant: VCS
Claimant Solicitor: DCB Legal Ltd
Issue Date: 16th August 2021 (Received today 19th Aug)

With a Claim Issue Date of 16th August, you have until Monday 6th September to file an Acknowledgment of Service. Do not file an AoS before 21st August, but otherwise 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 20th September 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.

D_P_Dance

It is not a fine.  Have you read the newbies?   Havr you complained to your MP?bha   and complain to your MP?. 

Umkomaas

For starters 8% per annum during a pandemic seems a bit suss...

That's the standard court rate, pandemic or not. But the question you will need to ask is on what base amount is the interest applied (it should be only against the £100 basic PCN, not also on 'debt collection/admin' made up charges) and why should you pay interest going back 5 years just because VCS have been so tardy in making their claim?

D_P_Dance

IIMU that many judges are awaiting interest at a lower rate. 

SirQuaver

I have submitted the SAR today and also sent this to DCB. 

I have two issues here, I think I was the driver but it could well have been my wife. Either way I was in the car at the time.

1) Is it easier to defend as the registered keeper but not driver or as the driver?
2) Should I take photos at night or just use the ones from street view? It's quite inconvenient to go to the scene for me.

My next step is to submit AoS.