Defence against VEHICLE CONTROL SERVICES LTD

l2eonjames

Hi all,

I have a court case for an alleged parking fine for parking on private property way back in September 2016.
Claims are that letters were sent to an old address which I did not reside at, so I would have never received these letters back in 2016. I have since updated my drivers license address to my new address and I have since had contact from them via court to say that a CCJ has been taken out against me. The was the first letter I have received in connection to this incident and I have since contacted the courts and paid £275 to set aside the case as I needed to find out what this was all about. The other option was to pay the fine and interest at 8% and debt collection charges which totals to £308 and this would have ended this dispute. I was not happy with neither option but out of principle I have paid to set this aside so that I can find out what evidence they have to claim there dispute.

Since asking for evidence of the parking contravention, they have sent me pic of a car registered to me as the keeper at the time of these alleged parking contravention.
They have basically stated that "there was not display of a permit and If you do not display a valid permit in full view you agree to pay the Parking Charge

stated below"

My points are 

• I do not recall the parking breach on private property back in 2016, so I cannot confirm or deny this claim.

• This is now 5 years old and they claim that they have tried hard to track me down. A simple google search would find me based on the details they have for me, so I disagree that they have tried at all to track me down.
• The proof sent was the car registered to me parked on a private location (which looks like it could be anywhere).
• Note the notice sent to me stating the contravention time was 10:55am, and the second picture shows the time of 9:59pm (21:59).

The pic they have shows that the photo was taken in the evening (21:59) which is another 13 hours later.

Prehaps they have not set the camera time correctly but if this is the evidence they are producing I am inclined to not believe it. This evidence is very loose and does not really prove anything.
There is not even anything to prove that this car is on a specific road or landmark so this pic could be anywhere.

I would like to find out if the photo times are important as part of evidence.
And also based on the evidence and situation if it is likely I am still going to be forced to pay for court fees and the ticket charges etc on top of the set aside payment.
It all just seems like extortion tactics against the average person.

Fruitcake

It is not a fine.

Depending where the alleged event occurred in the UK, sunset on the 20th of September 2016 would have been somewhere between 19.00 and 19.30. Change the location on this website to get a more accurate time.

Calendar September 2016 (calendar-365.co.uk)

This suggests it would have been dark around 20.00 - 20.30, and would definitely have been dark by 21.59. There is no way that photo' was taken at one minute to ten o'clock at night anywhere in the UK. 


If you haven't already, send a rectification notice to the DPO of VCS instructing them to erase your old data and replace it with your current address for service.
Make sure you use the word I have underlined.

Also send an SAR to the DPO of VCS as per the NEWBIES to obtain all personal data they hold about you.

You will need to include proof of non-photo ID such as an up to date copy of your vehicle's V5C, or two redacted utility bills or bank/car statements.

Complain to the landowner and your MP. Follow the set aside process in the second post of the NEWBIES.

When you moved home, did you update your V5C details with the DVLA as well as your driving licence. Not doing both could land you with a genuine £1000 penalty for each failure.

Do you know precisely where the alleged event occurred? An internet search for the very vague address, Unit 3 Globeside Business Park, comes up with a place in Marlow, Buckinghamshire. The Google camera  car didn't go in because the place has security controlled gates.
To comply with the strict requirements of the PoFA 2012 and be capable of holding the keeper liable, the NTK must state the relevant land where the alleged event occurred. It does not. Like you say, the address could be anywhere in the country, but is very unlikely to be within the secure site in Marlow shown on Google Maps. 

pogofish

You would be wise to remove that PCN number from your image - Its not unknown for these vultures to haunt this board in order to try and identify who is getting helped here.

Coupon-mad

So you applied to set aside the CCJ. Good!

Read the thread by @Jack5656 for what your WS needs to say.

Copy and adapt and get your WS and evidence to support your application in quick.  Do we assume you didn't provide address evidence yet?  Did you append a WS to your application, what exactly did it say (word for word)?

This hearing is NOT about the PCN. Don't get sucked in.  Whilst you will need to know and be able to voice the basis of your defence to the PCN if asked by the Judge, this hearing is really about meeting the CPR 13 bar (read CPR 13.2 and 13.3) to set aside the CCJ.

A stepping stone to defend the PCN at a later hearing, unless the Judge agrees to dismiss the claim entirely, due to their failure to serve it within 4 months of filing it (see Jack's thread and learn from it - use it),

Your WS and evidence for now, is about proving you were not at that address but were 'there to be found' for the sake of a 29 pence bulk soft trace, and evidence that the IPC CoP (as well as the Civil Procedure Rules) required the Claimant to check the address BEFORE filing the claim. 

Don't forget to ask that your costs be ordered to be paid by the Claimant due to their unreasonable conduct.