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County Court Claim Form from VCS

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Someone_new
Someone_new Posts: 22 Forumite
in Parking tickets, fines & parking
Hello lovely people, I've been back and forth with VCS, their kangaroo court appeals service, BW legal and their associated goons and finally back with VCS themselves for the last 4 and a half years, and they've finally issued a County Court Claim form against me. I'm defending it, i've sent off my acknowledgement and I'm preparing my defence. I just thought I'd explain the scenario here so if anyone has any advice they could help me out. Some of this may not make for pleasant reading so please be warned

In 2014 a friend of mine had been in a relationship with a partner who had wormed his way into her life, taken control of her finances and then subjected her to a period of rape and physical abuse. I eventually managed to get her away from him and after some time at a refuge she was offered accommodation in sheltered housing, which was in a complex where VCS operated the car parks. The ordeal had left her with severe anxiety and agoraphobia and as such she was dependent on other people to bring her groceries etc. as most days she couldn't leave the flat. When she'd moved in they'd issued her with a book of 'parking permits' like raffle tickets where you fill in the date and the person you're visiting signs to validate it. She'd signed a bunch for me and when I was bringing supplies round I'd just add the date and leav it in my car so I wasn't bothered by the VCS numpties. One day in February, I returned to my car after visiting her to find a PCN notice on my car, Ihad a valid permit for that day, so I contacted VCS and explained. They were obviously unhelpful, went through all the rigmarole with the not very independent appeals service and obviously 'failed', I've been having conversations with BW legal every 4 months or so for the last few years, but it seems VCS have taken things back in house and now it's proceeded to court. They're claiming I didn't have a valid permit on show and have photo evidence, but obviously I've not been allowed to see these photos. I have a valid permit, and a witness statement from the person who issued it on the date. Any help on how to lay this out in my defence document would be appreciated.
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Comments

  • Le_Kirk
    Le_Kirk Posts: 22,319 Forumite
    First Anniversary First Post Photogenic Name Dropper
    edited 4 June 2019 at 2:30PM
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    Submit a SAR to VCS asking for all data about you including photos of the car "not displaying a permit." To make sure you get it right go to the NEWBIE section, check out post # 2, in which you will find how and where to submit the SAR and a suggested text for it. You might short cut their usual delaying tactics if you add a scan of your V5C to prove who you are.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
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    If you havea court claim form then please tell us
    1) the issue date
    2) if you have acknowledged the claim. If not POST TWO in the newbies thread must be actioned *today*. this gives you the full 33 days from date of issue to ge the defence in. Do NOT query if it matters that they have 30 days to return the SAR - it doesnt.
    3) Get cracking with the defence. You do not need the SAR info to write this.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Nine out of ten of these tickets are scams, complain to your M.P.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
    You never know how far you can go until you go too far.
  • Someone_new
    Someone_new Posts: 22 Forumite
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    Hi, yes I've got a court claim form, and I've acknowledged it. I can't provide a copy of the V5C as the car was written off when I was crashed into last year. Will this affect the claim for a SAR?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Someone_new wrote: »
    .....Will this affect the claim for a SAR?



    No. .
  • KeithP
    KeithP Posts: 37,650 Forumite
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    What is the Issue Date on your Claim Form?

    nosferatu1001 asked that last week.
  • Someone_new
    Someone_new Posts: 22 Forumite
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    Oh sorry, thought I'd mentioned it. 28th of May.
  • KeithP
    KeithP Posts: 37,650 Forumite
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    With a Claim Issue Date of 28th May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 1st July 2019 to file your Defence.

    That's nearly four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. 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'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
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    You should still be able to log into your appeal to IAS to see the photographs that were taken by VCS

    Nolite te bast--des carborundorum.
  • tboo
    tboo Posts: 1,379 Forumite
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    Someone_new wrote: »
    When she'd moved in they'd issued her with a book of 'parking permits' like raffle tickets where you fill in the date and the person you're visiting signs to validate it.


    She'd signed a bunch for me and when I was bringing supplies round I'd just add the date and leav it in my car



    One day in February, I returned to my car after visiting her to find a PCN notice on my car, Ihad a valid permit for that day, so I contacted VCS and explained.

    I realise you haven't yet seen these pics but are they implying you didn't have a permit on show or the permit wasn't signed?

    Do you still have that day's permit by any chance? I know it's from years ago

    Did you name yourself as the driver?
    “You’re only here for a short visit.
    Don’t hurry, don't worry and be sure to smell the flowers along the way.”
    Walter Hagen


    365 Day 1p Challenge for 2021 #41 ✅
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