Vehicle Control Services PCN and a court claim

klauuuuui

Hi everyone,

I would like some advice about my Parking Charge Notice. 

Key facts:

PCN issued on 10/10/2024

Reson:81) Parked In A Restricted / Prohibited Area 


It was my first time parking in this car park. There was no more space around, so I decided to follow the person behind (my car is a black Honda). I assumed it was normal to park like that, as I'd never been in this car park before. I didn't think twice about it, as I was rushing for a train (it was in the train station car park), being under pressure, I didn't consider looking for any signs or rules, as I simply copied the person behind and didn't even notice that both of us are not within any parking bay. 

After reading a lot of advice online, on 17/10/24 I appealed against the charge, informing them about my mental health issues and explaining how I can become overwhelmed in a stressful situation (being late for the train) and finding difficulty with a solution (my solution was to follow other cars parked in that line). I argued that the sign was unclear and against the Equality Act to fine me. They obviously disagreed with me.

So today, I received a letter from HM Courts & Tribunal Services stating that a claim has been made against me. They want £260 for the amount claimed, court fee, and legal representative costs. 

I now have 14 days to respond and don't know what to do. I want to carry on fighting against them, but on the other hand, I just don't need a hustle in my life. 

What is the best thing to do in my situation? 

Thank you! 

Gr1pr

Post a redacted picture of the claim form,  after carefully hiding the claim reference number top right,  hiding your name and address plus any QR codes,  hiding the VRM details on the lower left,  hiding the password on the lower right too

Leave the issue date and the rest of the claim form on show,  just NO personal details 

VCS dont usually monitor train station car parks, so perhaps it's a private car park close to a station   ?

Coupon-mad

klauuuuui said:

Hi everyone,

I would like some advice about my Parking Charge Notice. 

Key facts:

PCN issued on 10/10/2024

Reson:81) Parked In A Restricted / Prohibited Area 


It was my first time parking in this car park. There was no more space around, so I decided to follow the person behind (my car is a black Honda). I assumed it was normal to park like that, as I'd never been in this car park before. I didn't think twice about it, as I was rushing for a train (it was in the train station car park), being under pressure, I didn't consider looking for any signs or rules, as I simply copied the person behind and didn't even notice that both of us are not within any parking bay. 

After reading a lot of advice online, on 17/10/24 I appealed against the charge, informing them about my mental health issues and explaining how I can become overwhelmed in a stressful situation (being late for the train) and finding difficulty with a solution (my solution was to follow other cars parked in that line). I argued that the sign was unclear and against the Equality Act to fine me. They obviously disagreed with me.

So today, I received a letter from HM Courts & Tribunal Services stating that a claim has been made against me. They want £260 for the amount claimed, court fee, and legal representative costs. 

I now have 14 days to respond and don't know what to do. I want to carry on fighting against them, but on the other hand, I just don't need a hustle in my life. 

What is the best thing to do in my situation? 

Read the 2nd post of the NEWBIES thread first and tell us which solicitor. Show us the POC as you see in literally every single other thread.

klauuuuui

Gr1pr said:

Post a redacted picture of the claim form,  after carefully hiding the claim reference number top right,  hiding your name and address plus any QR codes,  hiding the VRM details on the lower left,  hiding the password on the lower right too

Leave the issue date and the rest of the claim form on show,  just NO personal details 

VCS dont usually monitor train station car parks, so perhaps it's a private car park close to a station   ?

Thank you for your reply. It was Park & Ride type of car park. Here is the picture: 

klauuuuui

Coupon-mad said:

klauuuuui said:

Hi everyone,

I would like some advice about my Parking Charge Notice. 

Key facts:

PCN issued on 10/10/2024

Reson:81) Parked In A Restricted / Prohibited Area 


It was my first time parking in this car park. There was no more space around, so I decided to follow the person behind (my car is a black Honda). I assumed it was normal to park like that, as I'd never been in this car park before. I didn't think twice about it, as I was rushing for a train (it was in the train station car park), being under pressure, I didn't consider looking for any signs or rules, as I simply copied the person behind and didn't even notice that both of us are not within any parking bay. 

After reading a lot of advice online, on 17/10/24 I appealed against the charge, informing them about my mental health issues and explaining how I can become overwhelmed in a stressful situation (being late for the train) and finding difficulty with a solution (my solution was to follow other cars parked in that line). I argued that the sign was unclear and against the Equality Act to fine me. They obviously disagreed with me.

So today, I received a letter from HM Courts & Tribunal Services stating that a claim has been made against me. They want £260 for the amount claimed, court fee, and legal representative costs. 

I now have 14 days to respond and don't know what to do. I want to carry on fighting against them, but on the other hand, I just don't need a hustle in my life. 

What is the best thing to do in my situation? 

Read the 2nd post of the NEWBIES thread first and tell us which solicitor. Show us the POC as you see in literally every single other thread.

Thank you for your reply. I posted my claim above. After reading the NEWBIES post, I feel much more confident with what to do. I can see my solicitors are DCB, which, according to the post, are very likely to drop the case. Is there anything else I should be mindful of? Thank you

Coupon-mad

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence:

3.1.  (Copy what you find when you search the forum for prohibited parking consideration).

klauuuuui

Coupon-mad said:

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence:

3.1.  (Copy what you find when you search the forum for prohibited parking consideration).

Thank you for all your help so far. Here is my defence. Can you please check whether anything needs changing. 

IN THE COUNTY COURT

Claim No.:  xxxxxxx

Between

VEHICLE CONTROL SERVICES LIMITED

(Claimant) 

- and -  

xxxxx

 (Defendant)

_________________

DEFENCE

 

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, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

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 the driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 10/10/2024" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

3.1 The defendant admits to the vehicle being in the xxxxx car park in order to use the public transport linked to the car park. The vehicle continued the pattern of parking, which had been already started by several cars. The driver of the vehicle did not see any signage or markings indicating that parking in this area was prohibited.

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.

The rest of the paragraphs as writen in the guidance.

Thank you again.

Coupon-mad

You've missed this:

3.1.  Copy what you find when you search the forum for prohibited parking consideration

Umkomaas

Have you Acknowledged Service (AOS) of the claim?  You have/had 19 days from the Date of Issue of the claim to do so, which will give you a further 14 days to file your defence (ie, 33 days in total from the claim form Date of Issue).  

If you haven't already done the AOS, do that immediately, as you're perilously close to missing the deadline, then you're looking at a judgment in default against you, and a mess to untangle!

KeithP

Umkomaas said:

Have you Acknowledged Service (AOS) of the claim? 

If you haven't already done the AOS, do that immediately, as you're perilously close to missing the deadline, then you're looking at a judgment in default against you, and a mess to untangle!

As @Umkomaas says, perilously close.
You have until 4pm tomorrow to file an Acknowledgment of Service('AOS').

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 31st March 2025 to file a Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

klauuuuui

Coupon-mad said:

You've missed this:

3.1.  Copy what you find when you search the forum for prohibited parking consideration

Is that one not enough then? 

3.1 The defendant admits to the vehicle being in the xxxxx car park in order to use the public transport linked to the car park. The vehicle continued the pattern of parking, which had been already started by several cars. The driver of the vehicle did not see any signage or markings indicating that parking in this area was prohibited.

Thanks