VCS Simple Procedure Notice Of Claim for PCN - NTK SCOTLAND

Detectkev

Hi!

I received a PCN from Vehicle Control Services (VCS) on the 15/10/2020 for an apparent contravention on 26/09/2020.

There is photo evidence of the vehicle entering and leaving the site. The vehicle was on the site for 17 mins.

The charge amount is £100 with £60 now added on for 'fees'

The contravention reason is detailed as the following:

PARKED WITHOUT PAYMENT OF THE PARKING TARIFF FOR THE VEHICLE REGISTRATION MARK OF THE VEHICLE ON SITE

Site location is Nicol Street Car Park, Kirkcaldy. Ky1 1ny

I am the keeper of the vehicle however I do not know who the driver was at the time.

I ignored the letter and the letter that proceeded that dated 13/11/2020.

I have now received a 'Simple Procedure Notice Of Claim' from the Sheriff court.

The claimant (VCS) are using Pollock Fairbridge Schiavone Solicitors (PFSS) to represent them.

I have since submitted a SAR to VCS and they have provided the two PCN's described above that confirm the details.

Some info I found on another post is that PFSS operate on a no win no fee basis and that the £60 is what they receive with a successful claim. Operating on this basis also means they do not appear in court without VCS paying them first. Which I understand is basically never going to happen.

To summarise:

Am I still correct that as the keeper of the vehicle, I cannot be held responsible, only the driver at the time can and it is up to VCS to prove who this is?

I am aware there is a Scottish law change in the near future making keepers more liable but it doesn't look like it is enforced yet.

If the above is correct, how do I respond to the Notice of Claim? I have until the 25th of this month to do this.

Thank you very much in advance.

Kind regards

Umkomaas

We know very little about the Scottish procedures and we advise that you do your own research, contact the local CAB, some places in Scotland have (free?) legal advice centres or seek your own legal advice from a solicitor. 

Do you have two PCNs?  For how much are VCS suing you?

Le_Kirk

Am I still correct that as the keeper of the vehicle, I cannot be held responsible, only the driver at the time can and it is up to VCS to prove who this is?

Currently this is correct, although it will change next year and is not retrospective.

Detectkev

Thank you for the responses. I have attempted to do my own research however things aren't very clear. Perhaps a legal advice centre would be a good idea.

There is only one PCN, for which I have received two letters for - initial then a reminder.

The Notice of Claim is suing for £100 for the contravention plus £60 due to the payment not being made within 28 days. The total sum is therefor £160

Umkomaas

It's not economic to sue in Scotland for anything less than £300 as there is no recovery of costs allowed below that figure. 

Is the claim form from PFSS a genuine one. Sometimes replicas can be knocked up to exert pressure on people. 

Detectkev

Yes, it is definitely a genuine claim form formally served by the court. See photo, sorry for the stain!! 

D_P_Dance

The charge amount is £100 with £60 now added on for 'fees'

Tyhe fees are like to be unlawful.  Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Fruitcake

VCS have only got this over the £300 threshold by adding fake £60 fees to each PCN. 

As already mentioned, we have very little experience of Scottish court procedures, but it might be worth contacting/complaining to the court that the charges actually added together only amount to £200, and that additional charges have been added that VCS have not actually incurred.

Coupon-mad

There is one other thread about the Simple Procedure here on the forum and we did advise asking a free law advice centre if there is one, or the CAB (Scottish CAB advice is generally better than English CAB about private PCNs).

We don't know enough (or anything) about the Simple Procedure, but if you read the forms they will tell you what you MUST do and by when. On the other thread it seems there is no acknowledgement period to buy time to defend but correct us if you find put otherwise from free law advice.

You should read the Carly Mackie case (Google it) and not try a doomed defence like she did.  A cautionary tale on how not to defend!

Umkomaas

Fruitcake said:

VCS have only got this over the £300 threshold by adding fake £60 fees to each PCN. 

There's only one ticket for a total of £160. Confirmed by the OP. 

The Notice of Claim is suing for £100 for the contravention plus £60 due to the payment not being made within 28 days. The total sum is therefor £160

Rocky1800

Hi DetectKev, would be interested to hear how you got on. I've just this morning had a Simple Procedure claim from the same solicitor involving the same car park in Kirkcaldy. Many thanks.