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Dreaded Claim Form has arrived, from DCB LEGAL LTD, representing Vehicle Control Services Limited

A claim was issued against me on 12/12/2023

My acknowledgment of service was submitted on 19/12/2023

Claim Summary

Claimant
Vehicle Control Services Limited
Claim Number
xxxxx
Defendant
xxxxx
Amount Claimed
£534.92
Court Fee
£70.00
Solicitor Costs
£70.00
 
 Total Amount
£674.92



Particulars of Claim:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at XXX address.

2. The PCN(s) were issued on XX , XX and XX few months into 2023

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs ( the contract ). Reason: 94) Parked Without Displaying A Valid Ticket/Permit.

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £510 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.07 until judgment or sooner payment.
3. Costs and court fees


Okay, Gents and Ladies what are my chances of success?

The location is a residential block of flats and I work there as a self-employed person, the problem  I'm not a tenant, so I have no tenancy agreement to defend myself with, just my invoices that I send weekly to my main contractor that provides services to the management company that runs the buildings on behalf of the landlord.

I had no communication with anyone about these PCNs as I was hoping they would be forgotten, but it seems that these scumbags have hit rock bottom and they would sue anyone for anything and any amount of money, truly bottom barrel scrapers.

Any ideas would be greatly appreciated.

Thank you

«1

Comments

  • Did you not try Plan A when you first received a NtK? Surely if you were "contracted" to work at the location on behalf of the landlord or their agents, you would have had permission to park at the location. Just ignoring it until the issue of a court claim would never be advised.

    You could still try and get whoever contracted you to get their contractor (the management company or the landlord) to instruct the jackals to back off. However, knowing how corrupt VCS is, I doubt they'd back down at this late stage considering they've now paid a court hearing fee.

    Having done the AoS, you now have until 4pm on Monday 15th January to submit your defence as a pdf attachment to an email (do not use the MCOL to submit your defence). Use the standard defence template.
  • unholy
    unholy Posts: 11
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    JerryJ64 said:
    Did you not try Plan A when you first received a NtK? Surely if you were "contracted" to work at the location on behalf of the landlord or their agents, you would have had permission to park at the location. Just ignoring it until the issue of a court claim would never be advised.

    You could still try and get whoever contracted you to get their contractor (the management company or the landlord) to instruct the jackals to back off. However, knowing how corrupt VCS is, I doubt they'd back down at this late stage considering they've now paid a court hearing fee.

    Having done the AoS, you now have until 4pm on Monday 15th January to submit your defence as a pdf attachment to an email (do not use the MCOL to submit your defence). Use the standard defence template.
    Thank you JerryJ64, yes you are right, i should have not let it come to this stage, knowing how bad VCS is, I did not want to engage with them, because they would not let this pot of money go away so easily regardless if i am a working there or a tenant.

    NTK, I ignored them completely and it was unwise of me to send them back, however even if I did not, the same outcome would take place, asking for help from the chain of contracting, managers, landlords, etc, nobody gives a $#, so i am on my own.

    That's okay I will try and if i work happy days if it doesn't I will learn from my experience.
  • Coupon-mad
    Coupon-mad Posts: 129,032
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    edited 20 December 2023 at 12:08AM
    You're not on your own. We'll help!

    Search the forum for Jopson defence true because it sounds like you can state as your paragraph 3 (the facts) you were authorised to be there as a contractor and required no paper vehicle permit to do so. The authorisation from the managing agent was the only agreed contract. The nature of the work (explain a bit...) means there were several occasions where equipment/tools/whatever had to be unloaded from a vehicle ... blah blah... (use the usual words about the Jopson appeal case).  At all material times the Defendant was expressly permitted by the landowner. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • unholy
    unholy Posts: 11
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    You're not on your own. We'll help!

    Search the forum for Jopson defence true because it sounds like you can state as your paragraph 3 (the facts) you were authorised to be there as a contractor and required no paper vehicle permit to do so. The authorisation from the managing agent was the only agreed contract. The nature of the work (explain a bit...) means there were several occasions where equipment/tools/whatever had to be unloaded from a vehicle ... blah blah... (use the usual words about the Jopson appeal case).  At all material times the Defendant was expressly permitted by the landowner. 
    Wow, Thank you, that is very helpful, I will look into the Jopson defense true, I will start the work on my defense and post it here just paragraph 3  without the extra points. much appreciated.
  • unholy
    unholy Posts: 11
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    Hi there, this is Version 1 of the draft defense, this is point 3 only, images of the sign attached. what should i change or add or remove?

    continued from point 2 towards the end ... However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

    3. The defendant was/is authorized to be there as a contractor and required no paper vehicle permit/ticket to do so. The authorization from the managing agent was the only agreed permission. The nature of the work was/is to provide security services, where regular security tasks demanded that the vehicle be used and stopped throughout the premises to complete complex and private security tasks for the benefit of the freeholder/s, landlord/s, managing agents, and leaseholders/tenants.

    (i)            The defendant would like to draw attention to the Claimant's terms and conditions on the sign where it states. “ If a valid permit/ticket is required. “ in this particular case none was/is required.

    (ii) I don’t know what else should I continue with…
  • Coupon-mad
    Coupon-mad Posts: 129,032
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    Looks fine except you need to do that search and grab some words about the Jopson case.

    Use the keywords I gave you - try again - and don't just read an old result.  Change 'best match' to NEWEST when you search this forum.

    There are LOADS of defences which include it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • unholy
    unholy Posts: 11
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    Version 2.

    3. The defendant was/is authorized to be there as a contractor and required no paper vehicle permit/ticket to do so. The authorization from the managing agent was the only agreed permission. The nature of the work was/is to provide security services, where regular security tasks demanded that the vehicle be used and stopped throughout the premises to complete complex and private security tasks for the benefit of the freeholder/s, landlord/s, managing agents, and leaseholders/tenants.

     (i)   The defendant would like to draw attention to the Claimant's terms and conditions on the sign where it states. “ If a valid permit/ticket is required. “ in this particular case none was/is required.

    (ii)  The defendant was/is required at times to unload/load PPE from the vehicle and stopping on-premises is essential at times to get the job done for all who dwell at those addresses to enjoy a peaceful stay as their T&C state.

    (iii) Attention is drawn to the case of Jopson vs Homeguard Securities (case number  9GF0A9E) where His Honour Judge J Harris QC determined that loading and unloading is not parking. This was an appeal court case and thus persuasive on the lower courts. The court transcript of that hearing and judgment, heard on appeal by HHJ Harris sitting at Oxford Court, will be provided at witness statement stage in support of this defence.

    I've just realized that on the claim form on the POC, they state the street name and postcode only, but in reality, there are a few buildings each with their official numbers and names, should i say something about their POC being vague not stating exact address, etc?

    any suggestions and critiques are welcomed. 

    Thank you 
  • Coupon-mad
    Coupon-mad Posts: 129,032
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    You could add something about vague location, yes.  Jopson's claim no is actually B9GF0A9E
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • unholy
    unholy Posts: 11
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    edited 28 December 2023 at 3:05AM
    Version 3.

    Hope everyone had a lovely Christmas, do you think this would be ready to submit as defence final version? will do headers and info added of course such as claim no, defendant name etc, or should tweak a little more ?

    Thank you

    However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

    3. The defendant was/is authorized to be there as a contractor and required no paper vehicle permit/ticket to do so. The authorization from the managing agent was the only agreed permission. The nature of the work was/is to provide security services, where regular security tasks demanded that the vehicle be used and stopped throughout the premises to complete complex and private security tasks for the benefit of the freeholder/s, landlord/s, managing agents, and leaseholders/tenants.

    (i)   The defendant would like to draw attention to the Claimant's terms and conditions on the sign where it states. “ If a valid permit/ticket is required. “ in this particular case none was/is required.

    (ii)  The defendant was/is required at times to unload/load PPE from the vehicle and stopping on-premises is essential at times in order to get the job done for all who dwell at those addresses to enjoy a peaceful stay as their T&C state.

    (iii) Attention is drawn to the case of Jopson vs Homeguard Securities (case number  B9GF0A9E) where His Honour Judge J Harris QC determined that loading and unloading is not parking. This was an appeal court case and thus persuasive on the lower courts. The court transcript of that hearing and judgment, heard on appeal by HHJ Harris sitting at Oxford Court, will be provided at witness statement stage in support of this defence.

  • Le_Kirk
    Le_Kirk Posts: 21,900
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    As you have posted all of the template (apart from the statement of truth) what do we assume you have altered or added?
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