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

DW190

Backsplash said:

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.

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.

December 2025 cannot be correct.

1505grandad

Also you have several incorrect "Judgments"  -  there should not be a middle "e" in some of your spellings.

Coupon-mad

Doesn't matter because they are not doing an application.

To the OP, did you take a Mediation call and not offer money? I am wondering if the Mediation Service has mucked up and told the court that you did.

Backsplash

Thanks everyone for your help - the CCJ has been overturned and I have a court date of 28th May.

It seems that Royal mail took 9 days to get my form 8 miles down the road. Thankfully having emailed DCB a scan of my form on the 10th that counted in my favour and I get to defend myself.

Le_Kirk

What did the judge say about costs? No order or costs reserved?

Backsplash

No costs so far - that will come in the hearing I presume, I'm just happy that I get to go to court (although they may not go through with it) I haven't paid anything apart from £35 for a counterclaim.

I'll do the call for evidence of course.

DCB legal this morning sent me an email offering to settle for £185 if I withdraw my counterclaim. I replied saying I would withdraw my counterclaim if they settled with me for £205.

Coupon-mad

Nice reply. They don't like counterclaims because they disrupt their conveyor belt MO.

Glad to hear you will do the Call for Evidence, as I will too, within days.

Backsplash

Looks like I am going to court with DCB on Wednesday, so far they haven't tried to pull out. Fingers crossed. 

They have sent me the court package, no other comms from them. Happy with my defence but could do without the grief.

Coupon-mad

Backsplash said:

Looks like I am going to court with DCB on Wednesday, so far they haven't tried to pull out. Fingers crossed. 

They have sent me the court package, no other comms from them. Happy with my defence but could do without the grief.

You aren't at court with DCB Legal.

They are solicitors who merely do the court stage paperwork for parking firms. They are neither a claimant nor a witness and they won't attend. They might send a rookie legal rep.

Oh dear, I am concerned. I assume you only did a defence & counterclaim only?

That's not enough and technically means (if you get a pedantic judge) you can't speak because you aren't a 'witness' without a Witness Statement.

You say that DCB Legal sent "a court package" which sounds like they have complied with the hearing Order by providing a WS and evidence bundle.

I'm worried ... you haven't? Yet?!

This stage is fully covered under the section headed in red capitals 'IMPORTANT. KNOW WHAT HAPPENS WHEN' in the second post of the NEWBIES thread about the court process. I even provide a list of exhibits for your bundle.

Do it TODAY.  Email your new WS & evidence (if you haven't already) to the local court and DCB Legal tonight. Do not mention lateness.

(I'm not talking about the first WS that supported setting aside the CCJ error).

When you got this hearing date through, that Order - on page two, often paragraph 6 - would have stated a WS deadline.

The Claimant has complied. Have you?

Coupon-mad

Backsplash said:

I filed a defence and counterclaim.

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 subsidiary of PCS....

This is your key evidence. Does their WS bundle demonstrate this too? It is massive.

You also have to provide a WS in support of your Counterclaim or that dies a death. It cannot survive or be heard without a WS.

Did you pay a fee to counterclaim? What for, how much money & on what legal basis?