County Court Claim Form

Potts_123

hi, i am hoping to get some help and advice regarding a county court claim form i have just received and my subsequent defence. i know that the information i need is probably on here somewhere but there is so much information that i am struggling to process it all.

So, the claimant is Vehicle Control Services along with DCB legal ltd. The PCN was issued way on 27/11/2016 on the land of a building that is the Christian Life Centre.
My wife was actually using the car that day but as the car is in my name the claim has come through to me. It is so long ago that I am not even sure of the parking restriction that were in place, but what i do know, is that the reason for my wife parking there, was that a member of her family had recently passed away and there was a remembrance ceremony for her in the church. My wife, along with other members of the family, was given permission to park on this land. My wife had left our car there a few hours longer than anyone else after the ceremony, which is why she was the only one to receive a ticket.

Like i said, im uncertain of all the details, but i am pretty sure my wife spoke to the owners of the land at the start to complain, but clearly this didnt have the required outcome.
I remember getting a reminder or 2 through the post from the parking company early on, but stupidly, on the wrong advice, they were ignored.
Now ive lived at quite a few addresses over the last 5 years, and i still own a couple that i now have tenants in and over the years debt collectors letters have been sent to me at addresses i no longer live at but still own. Some have been forwarded on to me by my tenants, but not all i would imagine.

I have just been forwarded a letter from my latest tenant which contained a claim form from the county court business centre. This is when i realised i had to do something, so i started doing a bit of research and came across this website. I followed the steps that are given on the newbies page, which was, I emailed the DPO at vehicle control services and asked for a SAR, i then also emailed DCB legal telling them that i am seeking debt advice and that i deny any debt. i also gave them my current address for any future correspondence and asked that they put the case on hold for 30 days.

I am yet to receive any reply from either VCS or DCB legal. 

I guess i am now at the defence stage, and this is where i am struggling as to what my defence actually is? I apologise if im being stupid, its probably on many other threads here, but some help and direction would be greatly appreciated.

Redx

Pointless emailing dcb legal , that is for the pre court stage , but no matter , they will reject it so expect a rejection

What is the issue date from the CCBC claim form ?

Start adapting the template defence by coupon mad at the top of the forum , if you were not the driver , say so in paragraph 2 , keeper but not the driver , liability is denied ( as keeper you have no liability in law )

Post the proposed draft of paragraphs 2 and 3 below , after telling us that issue date

Potts_123

@Redx thank you for your reply. 
the issue date is 16 Aug 2021. 

with regards to paragraph 3, am i talking as though i do not know that my wife was the driver at the time?
or do i state that she was the driver, and she was given permission to park there by the owners of the land?

Redx

You don't mention who was driving , just say , the driver , no names , no gender , no implying who was driving

You should have done your AOS online within 19 days , so get it done , right now , sign into MCOL and do just the AOS , nothing else on there , no touching anything else

Potts_123

sorry, i forgot to add that i have already done my AOS, i did this on 23 Aug.

Redx

In that case your Defence may be due in 10 days or so ( depending on the weekend too )

Coupon-mad

Why not just spend a week reading what other people have put for their #2 and 3?

This has been done to death every week this year, defences being discussed here every single day, very often where the D wasn’t driving.  Very often where the driver was authorised.

All the same, waiting for you to read and copy any of them.  No links, just browse for a week.  You could find a dozen in half an hour, just by clicking on any court claim headed threads.

KeithP

Potts_123 said:

the issue date is 16 Aug 2021. 

Potts_123 said:

sorry, i forgot to add that i have already done my AOS, i did this on 23 Aug.

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 nearly two 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.

Potts_123

i am just writing my defence now, in paragraph 3, with the driver being my wife, i know that she was given permission to park there because she has told me, so do i put 'driver was given permission to park on premises' or do i just act as though i have no idea who the driver was and the first i knew about the ticket was when something come through the post?

Coupon-mad

You put in #2 that you were the registered keeper but not the driver, who was a family member.  Do not name the driver.

Then in #3 you put what you know, what sort of car park it was (retail, residential or whatever); what business the driver had there, and that they were authorised and who by.

Then add a point #4 that it is denied that the Claimant has complied with the Protection of Freedoms Act 2012 in terms of 'adequate notice' of the parking charge on plentiful and prominent signs, and in terms of the wording of their Notice to Keeper which fails to state the correct period and warning about liability.  The Claimant appears to be relying on presumption that the registered keeper was driving but on private land there is no such lawful presumption and the Defendant was not driving.

Potts_123

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle but not the driver, who was a family member.

3.      The driver was attending a remembrance service, at The Christian Life Centre, for a family member who had recently passed away and was given permission, by the church, to use the church’s car park.

4.      It is denied that the Claimant has complied with the Protection of Freedoms Act 2012 in terms of 'adequate notice' of the parking charge on plentiful and prominent signs, and in terms of the wording of their Notice to Keeper which fails to state the correct period and warning about liability.  The Claimant appears to be relying on presumption that the registered keeper was driving but on private land there is no such lawful presumption and the Defendant was not driving.

With #3 the service was on the Saturday, but my wife left it their over night, as she had a couple of drinks after the service, and was given the ticket on sunday morning. it was never stated how long she could park it there for so is this still an adequate defence?