County Claim Form - VCS, BW Legal - Defence Template Check

P3drxxx

Hi All,

I have received a county claim form from HM Courts & Tribunal Services yesterday. The claimant is VCS being represented by BW Legal. I have received the claim form without any prior letters etc regarding this parking charge. My address is up to date and has not changed since 2022. I was not aware of this charge until the letter from HM Courts was received yesterday. There are no prior letters or charges from VCS or BW Legal.

I have already submitted an MCOL as per the guide in the NEWBIE thread. I have also attached below the claim form received with my private & claim details redacted. Can someone please check the below defence template and advise if any changes should be made before submitting the same. I have only included paragraph 2 & 3 from the template.

• The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and to admit that they were the registered keeper and driver.

• On 10/12/2025 the Defendant was attending a pre-arranged orthopaedics appointment at Wythenshawe Hospital, scheduled for 10:20, and was wearing a full knee brace. The main hospital car parks were full and, unable to find a space, the Defendant used the nearby Floats Road Car Park and proceeded on foot. At 10:33 the Defendant telephoned the Orthopaedics department to advise that they were walking to the appointment having been unable to find parking, and left the site promptly after the appointment. The signage observed described the location as a 'Public Car Park' for 'Short and Long Stay' parking available '24/7'. The Defendant saw no prominent signage stating that a tariff was payable, no clear instructions explaining how to pay, no direction to any cashless payment method and no prominent warning of a £100 charge for non-payment. No payment machine was apparent. It is admitted that no tariff was paid, but denied that this was an enforceable breach, the payment obligation and the consequence of non-payment not having been adequately brought to the Defendant's attention. No notice was affixed to the vehicle and the Defendant received no Notice to Keeper, reminder, Letter of Claim or other correspondence before service of the Claim Form, which was issued on 18/08/2026 and received on 26/08/2026. On 27/08/2026 the Defendant received a letter from the Claimant's solicitors dated 19/08/2026, headed 'County Court Claim Issued', asserting that a Letter of Claim had recently been sent. No such letter was received. The Claimant is put to strict proof of the date, method and address of despatch of every notice it contends was sent, and of compliance with the Pre-Action Protocol for Debt Claims. The Defendant was thereby deprived of the discounted rate, the appeal process, the IAS, any chance to resolve the matter without proceedings and any opportunity to obtain contemporaneous evidence of the signage. The court is invited to take any non-compliance into account pursuant to paragraphs 13-16 of the Practice Direction - Pre-Action Conduct and Protocols.

Looking forward to your feedback on if any changes are required.

Thank you,
Peter

Le_Kirk

With an issue date of 18/08/26 and providing you complete(d) the AoS before or on 06/09/26 your defence deadline date is 4.00 p.m. on 21/09/26

That longer paragraph would be more suited to a witness statement. Use the template defence wording for paragraph #3 refuting what the POC states, i.e. you didn't have a ticket or a cashless payment.

fatbelly

Don't rush to do anything. You can acknowledge service and so the defence does not need to be in until 21/9.

Let the more experienced posters comment but I'm not sure that you should be telling them that you were the driver

Coupon-mad

"VCS being represented by BW Legal"

That's a new link up!

Car1980

It is admitted that no tariff was paid, but denied that this was an enforceable breach, the payment obligation and the consequence of non-payment not having been adequately brought to the Defendant's attention. 

Delete. Don't admit anything.

Take out all the stuff about no letters and pre-action protocols and put that in your witness statement later instead.

P3drxxx

Hello All,

Thank you for the help. I am going to submit my defence today, the deadline is 4pm tomorrow.

Can you please check if the below is in order and can be sent along with the rest of the defence template.

The Claimant's allegation that the Defendant is liable for failing to purchase/display a valid ticket or have a valid cashless parking event is denied. The Defendant was attending a pre-arranged hospital appointment nearby after being unable to find parking in the main hospital car parks. The signage seen described the location as a 'Public Car Park' offering 'Short and Long Stay' parking '24/7', but the Defendant did not see any sufficiently prominent terms making clear that a parking tariff was payable, how any payment was to be made, or that a £100 Parking Charge would arise. The Claimant is put to strict proof that the alleged payment obligation, payment method and £100 charge were adequately and prominently communicated so as to form part of any contract with the Defendant.

Thank you

Gr1pr

I assume that the above is your paragraph 3. ?

Have you added an ending to paragraph 2. ? and driver ? ( if true. )

P3drxxx

https://forums.moneysavingexpert.com/discussion/comment/82142725#Comment_82142725

Yes, this is my paragraph 3. I have added and driver as i was driving in the end of paragraph 2 as per the template defence.

Coupon-mad

All looks good to go on MCOL then. Game on!