Defence letter

Redx

VCS have or had 6 years to issue a court claim , so it being from 2017 is nothing , irrelevant !

Yes you email a SAR to the DPO at VCS , same as hundreds of other victims have done

KeithP

Jafface said:

Issue date was 16/08/21 I filed AOS on 25/08/21.

With a Claim Issue Date of 16th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 20th September 2021 to file your Defence.

That's two weeks away (to the nearest minute). 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.

KeithP

I've been fooled into replying about this Claim Form twice.

You have shown us exactly the same County Court Claim Form on two separate threads.
Why is that?
Didn't you believe what you were told the first time?

Redx

In your defence draft , change 4 to the driver did not know , not defendant for the second defendant word instance only

Lose 6 , private parking companies do not double charges , so that is a lie , an untruth

Post your amended proposal below

Jafface

Thank you 😊 

Jafface

        DEFENCE

 

1.     The Defendant denies that the claimant is entitled to any of the sum claimed. It is denied that a contract was entered into- the defendant did not agree to pay the PCN within 28 days.

 

2.     It is admitted that the defendant was the registered keeper of the vehicle but liability is denied. The defendant was not the driver of the vehicle at that time.

 

3.     The defendant received the PCN  letter through the post and was quite shocked as even in the photo evidence it shows the car was stationary for 24 seconds.. The defendant felt  harassed by more debt recovery letters. The defendant cannot be held liable due to the claimant not complying with the ‘keeper liability requirements set out in the Protection of freedoms Act 2012, Schedule 4.

 

4.     The defendant went back to where they had received the PCN to look for signage, the driver did not know it was a no stopping area ( a road on a retail park leading to the retail stores). The one  sign which was about 7/8 foot high therefore impossible to see while driving and you would have to stop and get out to read it, then arguably you are not bound by it therefore you cannot be liable to pay the charge.

 

5.     Private parking companies are required to adhere to their Code of Practice and that does not cover No Stopping Zones therefore are acting outside of it. If they were following the Code of Practice that requires them to allow a grace time.

 

 

Edited - Redx  do I need to add anything else please ?

 

Coupon-mad

Looks good except this sentence, coming after you’ve denied being the driver, looks like you were (never just saying ‘going back’ to the site = returned!):

 The defendant went back to where they had received the PCN

Redx

As above , use subsequently visited the location where , not going back , and change they to , the driver had received

Jafface

1.     The defendant returned to the location where the the PCN had been issued to look for signage, the driver did not know it was a no stopping area ( a road on a retail park leading to the retail stores). The one  sign which was about 7/8 foot high therefore impossible to see while driving and you would have to stop and get out to read it, then arguably the driver is not bound by it therefore  cannot be liable to pay the charge.

Redx

To return means you have been there before , change to what I said , subsequently visited , not returned to