VCS DCB Legal court claim - PCN Maypole Retail Park

Gr1pr

The newbies sticky thread in announcements tells you what you should do with a Letter of Claim, so study it and then respond accordingly 

Court claims dont have an appeal feature at first blood, you would defend a court claim, not appeal it

Le_Kirk

Terrain62 said:

I have also sent a direct email to litigation@vehiclecontrol.co.uk with photos of the touch screen 24 hr parking confirmation for both pcns.

@Terrain62 Have you started your own thread about your issue; this thread belongs to @donnerlord and it gets confusing if we try to answer two posters on the same thread.  UNLESS of course you are the OP and have changed your user name or some other reason such as it being a Group thread!

donnerlord

Firstly, thank you all for taking time to help me with this process.

I have drafted the following letter using a template from the forum, and looking for advice before sending it. Unfortunately, due to personal issues, I’m just outside the 14 day period (day 14 was Friday 8th), but I hope its not too late.

Dear Sirs,

 

Your Ref. ############

Proposed Legal Proceedings

Claimant: xxxxxx xxxxxxxx Ltd

 

I refer to your your letter of claim.

 

The alleged debt is disputed and any court proceedings will be vigorously defended.

I dispute the PCNs issued by your client ######, ref No ####, as I was complying with their terms and conditions being a guest at ##### (invoice screenshot copy provided) at the time these PCNs were issued. 

(I have other things in mind when it comes to defending a claim, but decided not to reveal all my cards)

I also question you client’s willingness to resolve this matter by use of Alternative Dispute Resolution (ADR) as its outlined in Practice direction – Pre-Action Conduct and Protocols (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#13.1) para.8 and 14(c). 

Despite #####’s decline of my initial appeal (which seemed a generic response), I was never allowed to use the of Independent Appeal Service (www.theias.org) as recommended by them, which I believe is a logical and relevant party to deal with this matter. 

The information of my PCNs was never passed to the IAS (please see screenshot), despite my numerous attempts to contact them over the phone (only automated service to pay PCN available) or via the electronic form on their website (https://vehiclecontrolservices.co.uk/contact/), to which I didn’t even receive acknowledgement of receipt.

(IAS doesn’t have a high reputation here but decided to add it as I tried by the rules but system seemed soo crooked and destined to fail, so why not use it against them)

I’m looking forward to your formal response, regarding my concerns above, in compliance with the Practice direction – Pre-Action Conduct and Protocols.

Yours faithfully" 

 

 

 

Coupon-mad

Yep it's fine. Nothing will stop the claim form IF the solicitors have that remit, which you can't tell until the claim form arrives.

donnerlord

Coupon-mad said:

Yep it's fine. Nothing will stop the claim form IF the solicitors have that remit, which you can't tell until the claim form arrives.

Thank you for your time.
One last question, they also write about me providing a financial statement, is it something I'm obligated to do?
To be honest I'm reluctant to give it.

KeithP

donnerlord said:

One last question, they also write about me providing a financial statement, is it something I'm obligated to do?
To be honest I'm reluctant to give it.

Please read again the first few paragraphs of the second post of the NEWBIES thread.
Your answer is there.

donnerlord

Hi, I just got the following reply. It doesn't appear any different to their previous letter, just a generic letter.
I guess, I'll have to wait for the claim and defend it. Thank you for your time again.

Dear XXXXX,

 

We write in response to your correspondence received in our office dated XXXXX.

 

We now respond to the same as follows.

 

The Parking Charge was issued as you were parked for longer than the maximum period permitted.

 

We acknowledge the evidence received. However, within our Client's appeal responses issued to you at the address of XXXXX, see a copy attached. Our Client rejected your appeals on the basis that the signs on site state that if you are a Travelodge guest you must report your vehicle registration at the hotel reception upon checking in. Our Client advised you that by reporting your vehicle registration would exempt you from the terms of the site. 

 

Our Client further stated within their responses, that your vehicle registration was not entered correctly into the touch screen system. Therefore, your vehicle was not exempt, and the charges was issued correctly.

 

Please note, within our Clients appeal responses our Client did provide you with the opportunity to appeal to the Independent Appeals Service and provided you with the details on how to do so. 

 

You now have 30 days from the date of this email to make payment of XXXXX. Failure to make payment will result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -  

You must quote the correct case reference (XXXXXXX) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Coupon-mad

Ignore.   

donnerlord

Hi again,
I'm moving up the ladder.
I received a claim form from CNBC.

Particulars of Claim:
1. The D  is indebted to the C for a parking charges issued to vehicle XXXX at XXX
2. The PCNs were issued on XXXX
3. The D is pursued as the driver of the vehicle for breach of terms on the signs (parked for longer than maximum period permitted)
4. Pursued on POFA 2012, Sch. 4 – I saw this is covered in the template.

Instructions in the newbies thread are pretty straightforward. I need to wait 5 days after date issue date, to acknowledge receipt - I do this online
Submit defence using template provided. I've adjusted the template to the following

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied.

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. The Defendant  was the driver of the vehicle, specified in #1 on the dates specified in #2 of Particulars of Claim. The aforementioned vehicle was parked in the area as the Defendant was a guest at XXXX for the period between XXXX and XXXX, which according to Claimants terms and conditions is an exemption of the terms specified in #3 of Particular of claims. 

4. The Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge, as well as proving a term was breached, there must be:

(i). a strong 'legitimate interest' extending beyond mere compensation for loss, and

(Ii). 'adequate notice' of the 'penalty clause' charge which, in the case of a car park, requires prominent signs and lines. – do I keep this as there are plenty of signs on that parking?

 Followed by the restLooking forward to your feedback.Thank you    

Coupon-mad

That looks good.