VCS/Excel Parking/DCB Court date upcoming, 28th May

Backsplash

I parked at a Travelodge for 5 days, and complied with terms of parking – put your name and registration number on a form.

I received a parking ticket from Excel parking services. which I appealed as I had filled in the form. They replied that as I had not used the touch screen terminal my appeal was invalid.

I only received a parking ticket for one of my 5 days, so I assume some error in manual input.

I contacted the Travelodge and they provided a photo of the form I had filled in.

Later received a small claims claim from Vehicle control services via DCB legal (can they do this?)

I filed a defence and counterclaim

2nd August letter of receipt of defence and counterclaim from court

In their defence they again repeated that I had not used the touchscreen.

5th September received General form of Judgement or order that I must file a small claims directive by 13th September.

10th September D180 posted to court and emailed to DCB Legal.

7th November. Received a Judgement for Claimant stating that I had made an offer of payment which the claimant had accepted. I wrote to the court saying that this was not correct, they responded (2nd dec!) saying I must submit an N245. (they responded on the 3rd dec saying it would need to be a N244 when I queried this)

7th November started email correspondence with DCB legal trying to find out why the court felt I had made an offer to pay

21st November called the court services, where I was told that my claim had been referred back to a district judge.

6th Jan, emailed VCS asking for a set aside agreement attaching proof that I had complied with the terms of parking. (obviously no luck)

 

So it looks like I have massively messed this up and will be submitting an N244 to try and get this set aside. Hoping I haven’t left it too late.

Any advice gratefully recieved, thanks, B.

LDast

21st November called the court services, where I was told that my claim had been referred back to a district judge.

Have you followed up with the CNBC as to why they had referred the claim back to a judge? That usually indicates some sort of error by the CNBC.

6th Jan, emailed VCS asking for a set aside agreement attaching proof that I had complied with the terms of parking. (obviously no luck)

What does "obviously no luck" mean? Why are you applying for a set aside without knowing why the claim was referred back to a judge?

What is a "small claims directive"?

Backsplash

I phoned again to check and it seems I was given incorrect info regarding it being referred to a district judge.

Sorry, I meant to type "small claims Directions questionnaire (d180)

LDast

So, what response to the 'correspondence' with DCB Legal that you initiated on the 7th November have you had? What exactly did you put in this 'correspondence'?

Also trying to comprehend what happened between the 10th September when you submitted your DQ and the 7th November when you received the notice of judgment. What was the actual date of the judgment?

Backsplash

I emailed DCB legal trying to find out why the court believed that I had made an offer to pay. Sadly they were not very forthcoming. 

The date of the judgement saying I had made an offer to pay was the 30th October. I don't believe anything happened between me posting my D180 on the 10th September and the date of the judgement.

Backsplash

Actually - have just checked, the signage in the Car park is Excel parking service, the PCN is from Vehcile control services. Whilst the two companies are owned by the same people, I can't see that Excel is a subsiduary of PCS....

Backsplash

WITNESS STATEMENT OF DEFENDANT

1.         I am xxxx of xxxxx, and I am the Defendant in this matter. 

2.         This is my supporting statement to my application dated xx February 2025 requesting to:

a.         Set aside the default judgment dated 30 October 2024 as it refers to me having made an offer for payment which is not true.

b.         Order for the original claim to be dismissed.

c.         Order for the Claimant to pay the Defendant £303 as reimbursement for the set aside fee.

DEFAULT JUDGMENT

3.         I was the registered keeper of the vehicle at the time of the alleged event.

4.         I understand that the Claimant obtained a Default Judgment against me as the Defendant on 30th October 2024. I am aware that the Claimant is Vehicle Control services and that the assumed claim is in respect of an unpaid Parking Charge Notice from 20th December 2025.

 5. I submitted a defence and received notice of proposed allocation to the Small Claims Track on the 2nd August. I filed my Small claims directions questionnaire (d180) by post on the 10th September 2024, in line with a letter dated 5th September from the court which indicated that unless filed by 13th September my defence would be struck out.

6. I received a Judgement for Claimant on the 7th November dated 30th October, stating that I had made an offer for payment, which I had not.

 

7.         In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

  
8. From the 17th December to the 22nd December I parked at the Woolwich Travelodge and complied with their terms of parking which is to say I entered my name, Registration number and dates of stay in their logbook. I have a copy of the parking sign in sheet and an email from Woolwich Travelodge agreeing that I complied with their terms.

 

9.      I believe there may have been some error in transcription of my details into a form of computer system which led me to being issued a PCN for the 20th December.

 

10.   I appealed this PCN within the time limit, however it was not accepted.

 

11.      The appeal response and subsequently the small claims court claim and defence to my counter claim refer explicitly to my failure to enter my details into “The touchscreen” which did not, and still does not exist.

 

12.      The signage at Woolwich Travelodge car park is in the name of Excel Parking Services, however the PCN issued to me and County court judgement against me has Vehicle control services as a claimant, a different legal entity, so I submit that the claim is not from the organisation which has installed the signage and is administering the car park. Excel Parking services owns VCS 100% according to accounts filed in 2024.

 

13. I received a Judgement for Claimant on the 7th November dated 30th October, stating that I had made an offer for payment, which I had not. I emailed the court stating that this was incorrect, I received a reply on the 2nd December saying I would need to submit an N245 form to have the terms changed, when I queried if this was correct they responded saying I should submit an N244, on the 3rd of December.

 

14.       I made a phone call to the court service on the 20th November and was told that the case had been referred back to a District Judge. A subsequent call on the 21st of January led to me being told that this was incorrect. This incorrect information gave me false confidence that I would have the opportunity to defend this claim.

 15.      I have responded to this matter as promptly as possible given my lack of knowledge of the court process. I received the judgment through the post on 07/11/2024 and I contacted DCB Ltd and the court at Canterbury on the same day.

 

16.      In Vehicle Control Services Limited v Carr (Ref. CA-2024-001179) heard on 7th May 2024 the following has been noted (EXHIBIT XX-03 – VCSL v CARR (Ref. CA-2024-001179), avoiding Injustice: "However, the purpose of the power under CPR 13.3 is to avoid injustice, and although a lack of “promptness” in applying to set aside is a mandatory consideration, the rule makes it clear that the overriding objective is paramount. It is far from clear that the Circuit Judge approached the matter from that perspective. I find it telling that there is no mention in her of the overriding objective nor of what the justice of the case required."

 

17. Assessing a Judgment in Default (Denton): "Even in a case of relief from sanctions where the delay is lengthy and there is no excuse for it, the court is required to consider all the circumstances of the case, in order to deal justly with the matter: Denton v White. This court has confirmed that the approach in Denton applies in the context of setting aside a judgment in default: FXF v English Karate Federation [2023] EWCA Civ 891". No opportunity to defend: "There also appears to have been no specific consideration at the third stage of the fact that in practical terms this defendant has never had an opportunity to advance his valid defence irrespective of whether service was property effected at his former address. That is related to but different from the point that he cannot be blamed for failure to respond to the claim form because he never received it.”

 

18. Considering all of the above, I was unable to defend myself against this claim. I believe the default judgement against me was issued incorrectly and thus should be set aside, the claim struck out, and I ask the court to kindly consider the reimbursement of the fee of £303 from the claimant should this request be successful.

LDast

You'll need a draft order to go with your WS such as:

DRAFT ORDER

Upon reading the Defendant's application dated [insert date] and the supporting evidence provided, IT IS ORDERED THAT:

1. The default judgment entered on 30 October 2024 against the Defendant be set aside pursuant to CPR 13.3, as:

a. The Defendant submitted a valid defence on [insert date].

b. The judgment for the Claimant erroneously states that the Defendant made an offer of payment, which the Claimant accepted. The Defendant denies making any such offer, and no evidence of such an offer has been provided.

2. The claim is struck out on the grounds that the Claimant, Vehicle Control Services Limited, is not the correct legal entity to pursue the claim, as the alleged contractual breach relates to Excel Parking Services Limited, a separate legal entity.

3. Alternatively, if the court does not strike out the claim, the Claimant shall:

a. Provide a fully pleaded Particulars of Claim, clarifying the legal and factual basis for their claim and addressing the issue of their standing as the correct legal entity to pursue this claim, within 14 days of this order.

b. Pay the Defendant's costs of this application, being the set-aside fee of £303, within 14 days of this order.

4. The Defendant shall file and serve a defence within 14 days of the Claimant complying with paragraph 3(a) of this order, should the claim not be struck out.

5. All enforcement of the default judgment is stayed immediately, pending the determination of this application and any further order of the court.

Dated: [DATE]

The WS could do with some tidying up too. For example: "Excel Parking services owns VCS 100% according to accounts filed in 2024." is not a point that needs highlighting. Whether one is 'owned' by the other or they are 'sister' companies, the simple fact is that they are separate legal entities with separate company registration numbers.

Coupon-mad

There should be no need for an application.

Email a formal complaint to the Court Manager at the local court and copy in DCB Legal.

Set out the timeline of events and attach proof that you posted the DQ in time and to the right place, which was your LOCAL court, yes?

You said:

"2nd August letter of receipt of defence and counterclaim from court."

When you Counterclaim, it's a bit different
in that the case is allocated out by the CNBC earlier and the DQ letter required you to send the DQ to the local named court.

Did you get that right?  If yes:

State that you require this complaint to be put before a procedural Judge and as the CCJ was caused by error by the court, there are no Denton considerations (there was no breach or need for the Defendant to seek relief from sanctions) and no Application should be required where the error is by the court.

Coupon-mad

Random extra thought:

Are you sure nobody in your household took a Mediation call on your behalf and stupidly offered to pay it off? 

Backsplash

Thank you!, Formal complaint sent.
(definatley nobody would have accepted on my behalf)