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Claim Form - VCS/Excel

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  • KeithP
    KeithP Posts: 37,654 Forumite
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    edited 7 August 2018 at 6:50PM
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    https://www.docdroid.net/8EgLD2G/particulars-1.pdf

    You now need to do the Acknowledgement of Service as described in a pictorial dropbox file linked from post #2 of the NEWBIES FAQ sticky thread.
  • Happy_McOutsource
    Happy_McOutsource Posts: 22 Forumite
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    KeithP wrote: »

    You now need to do the Acknowledgement of Service as described in a pictorial dropbox file linked from post #2 of the NEWBIES FAQ sticky thread.

    Thanks Keith.

    I have done that already, as of the 4th August, which by my calculations gives me until 3rd September to file the defence?
  • KeithP
    KeithP Posts: 37,654 Forumite
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    That's right. With a Claim Issue Date of 1st August, and the AoS done in a timely manner, you do indeed have until 4pm on Monday 3rd September 2018 to file your Defence.


    When you are happy with the content, the Defence should be filed via email as described here:

    1) Print the Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
    7) Wait for the Directions Questionnaire and come back here.
  • System
    System Posts: 178,094 Community Admin
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    edited 8 August 2018 at 6:46AM
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    Any defence has to answer the particulars so you'd need to go through each of the 6 one by one to indicate a) when the machine was broken or b) when you were not driving.

    Courts are getting better at dealing with these and won't just accept a bare denial ("don't recall who was driving") and vagueness ("the machines were always broken")

    You would be best to get Booth's to say something in support if they will, or to get other car park users/news articles to supply Witness Statements in support of your views.

    For some reason judges appear to think not paying in a P&D is a heinous crime rather than overstaying so the non payment ones need extra care. Also have an answer to the question of why you continued to go there rather than somewhere else if the place was so bad e.g. necessity.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    The defence is due 14 days after the particulars if they were received separately. But always best not to leave it till the last minute.

    Note the provisions of the CPR. This is a contract claim. Under the practice directions to CPR part 16 at 7.2 there is a requirement to supply the contract (that's all the signage) with the particulars.

    Full and detailed defence to each event. Even if you lost on 2 counts and won on 3 others you'd still have done well.

    Don't forget to challenge both the amounts and the interest. It goes without saying that if they have increased the sums sought over time they cannot claim interest on the full amunts from the date of parking. Further, where there are multiple alleged infringements the interest calculation for each needs to be done separately or, more conveniently from the last parking event to avoid an overclaim. If they're gonna fight you to a hearing, may as well make them work for the extra £2 or £3.
  • System
    System Posts: 178,094 Community Admin
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    there is a requirement to supply the contract (that's all the signage) with the particulars.

    And the location of the signs if it is a unilateral contract - which it is. Don't forget to ask for that and then check if they are actually there.
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024 Forumite
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    You mentioned Excel in your first post. Is the Booths car park Excel or VCS? The only sign I can see on GSV has the bottom of the sign taped over, so not revealing who the operator was. If the car park was Excel controlled, then VCS - a separate company - cannot claim that they are owed the money.
  • Castle
    Castle Posts: 4,200 Forumite
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    OP

    Have you checked with DVLA that they have requested your details 6 times?
  • Happy_McOutsource
    Happy_McOutsource Posts: 22 Forumite
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    Hi castle, thank you for the response.

    I haven!!!8217;t as of yet, I didn!!!8217;t realise one could, how do I go about that?
  • KeithP
    KeithP Posts: 37,654 Forumite
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    See here:
    forums.moneysavingexpert.com/showpost.php?p=74639318&postcount=18
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