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  • FIRST POST
    • duffyscouse
    • By duffyscouse 14th Apr 18, 12:00 PM
    • 24Posts
    • 7Thanks
    duffyscouse
    PCN - help wanted please
    • #1
    • 14th Apr 18, 12:00 PM
    PCN - help wanted please 14th Apr 18 at 12:00 PM
    Hi
    I recently picked up a PCN from an IPC approved body (VCS) - I dont dispute parking in the spot BUT the signs state I can park for 30 minutes FREE of charge. However the shop that is closest to the signs (and the one the seemingly enforces everything and has the ANPR cameras attached) states on IT's door I can park there as a customer for up to 1 hour.

    I parked up and went to the cnbmcxn mbmcnljs

    I appealed to VCS but they state "they are unable to accept my appeal, main reason(s) being : - parking for use of customers only (I was a customer ???). The patrol officer observed the driver park the vehicle and leave the site, when leaving the site they ceased to be a customer of the store/s on site and as such contrary to the advertised T&C's "

    I went to the dgdsgds it nowhere states which order I have to visit the shops !

    I have a recording taken yesterday whilst buying water that I challenge the times on the till receipt (now 3 hours out) and the shop owner supports this on the recording - I also asked him (and on the recording) - and he confirmed I can park for an hour and visit the shop(s) in ANY order - I actually asked could I visit the next door but one chemist first and then his shop and he assented.

    VCS requested my claim - what do you guys suggest please ??
    Last edited by duffyscouse; 18-12-2018 at 5:29 PM.
Page 1
    • Redx
    • By Redx 14th Apr 18, 12:20 PM
    • 21,083 Posts
    • 26,504 Thanks
    Redx
    • #2
    • 14th Apr 18, 12:20 PM
    • #2
    • 14th Apr 18, 12:20 PM
    IGNORE unless you get court papers within 6 years
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 14th Apr 18, 12:40 PM
    • 11,565 Posts
    • 11,655 Thanks
    The Deep
    • #3
    • 14th Apr 18, 12:40 PM
    • #3
    • 14th Apr 18, 12:40 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • fisherjim
    • By fisherjim 14th Apr 18, 2:05 PM
    • 3,424 Posts
    • 5,276 Thanks
    fisherjim
    • #4
    • 14th Apr 18, 2:05 PM
    • #4
    • 14th Apr 18, 2:05 PM
    "Officer" what officer he is an incentivised Muppet working for scammers, you are affording these idiots too much credence.

    Of course they rejected your appeal, they are only interested in money, if this ever got to court I would think the judge would laugh at them. In any case the leaving site scam is generally not pursued for reasons I am tired of quoting, but have a chuckle at this:

    http://www.davidmarq.com/bama/VCS%20v%20Ibottson.pdf
    • duffyscouse
    • By duffyscouse 12th Jun 18, 9:28 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    • #5
    • 12th Jun 18, 9:28 PM
    • #5
    • 12th Jun 18, 9:28 PM
    Got another invoice for 100 - sent more evidence and contested they knocked it all back - I told them I'd see them in court - what do you reckon are my chances ?
    • Coupon-mad
    • By Coupon-mad 12th Jun 18, 11:16 PM
    • 66,002 Posts
    • 78,476 Thanks
    Coupon-mad
    • #6
    • 12th Jun 18, 11:16 PM
    • #6
    • 12th Jun 18, 11:16 PM
    99% likely to win any defended court claim if you stick around and take advice throughout, like all posters here who do exactly that right up to the hearing.

    In 2017 only 2 well defended cases assisted and coached fully on this forum, were lost.

    So far this year, I have a note of two lost, to date (and one was because the wife insisted on admitting she was driving in a case that would have been won on 'no keeper liability' with a Judge who we knew had allowed one weeks before and understood the POFA).

    In that time (18 months) we have assisted with waaaay more than 500 cases so the 99% win rate continues, even if a couple more were lost who didn't report the outcome. Losses are extremely rare here; you could not be in a better place than this forum.

    And a claim is no biggie, no risk, no CCJ, as long as you don't ignore or miss court papers/directions.
    Last edited by Coupon-mad; 12-06-2018 at 11:19 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • duffyscouse
    • By duffyscouse 18th Dec 18, 1:07 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    • #7
    • 18th Dec 18, 1:07 PM
    County Court letter for PCN
    • #7
    • 18th Dec 18, 1:07 PM
    I have received a County Court letter and I have acknowledged (their letter dates 12/12/2018)

    I have filed for dispute of total claim and I believe I have 28 days to submit my case - attached



    IN THE COUNTY COURT

    CLAIM No: Ehghfhd

    BETWEEN:

    blah blah blah (Claimant)

    -and-

    ME (Defendant)
    ________________________________________

    DEFENCE
    ________________________________________

    Background
    1. The defendant. Blah blah blah in this Defence are true.
    Last edited by duffyscouse; 18-12-2018 at 6:08 PM.
    • KeithP
    • By KeithP 18th Dec 18, 1:19 PM
    • 12,164 Posts
    • 12,929 Thanks
    KeithP
    • #8
    • 18th Dec 18, 1:19 PM
    • #8
    • 18th Dec 18, 1:19 PM
    What is the Issue Date on your Claim Form?

    Is that your real name, three times, in your draft Defence? You would be wise to obliterate that. Similarly your Claim Number.
    Last edited by KeithP; 18-12-2018 at 1:22 PM.
    .
    • duffyscouse
    • By duffyscouse 18th Dec 18, 1:20 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    • #9
    • 18th Dec 18, 1:20 PM
    • #9
    • 18th Dec 18, 1:20 PM
    Done that - Forgot to do on first edit - Issue Date is 12/12/18
    • KeithP
    • By KeithP 18th Dec 18, 1:29 PM
    • 12,164 Posts
    • 12,929 Thanks
    KeithP
    Issue Date is 12/12/18
    Originally posted by duffyscouse
    With a Claim Issue Date of 12th December and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

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


    When you are happy with the content, your Defence should be filed via email as suggested here:
    1. Print your 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 chase the CCBC until it is.
    7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    8. 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.
    .
    • duffyscouse
    • By duffyscouse 18th Dec 18, 1:41 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    Ok - so the defence as above isn't good enough ? - can I just scan a signed version and attach it to the case in MCOL ?
    thanks for the help - I am sick of their incessant texts and letters, I want to go into the shop and go ape - obvs that's not an option - but would feel less stressful
    • KeithP
    • By KeithP 18th Dec 18, 1:55 PM
    • 12,164 Posts
    • 12,929 Thanks
    KeithP
    I have offered no comment on your Defence. Just suggesting how and when it should be filed - when you are ready.

    There are very good reasons for not filing a Defence via MCOL, and they are fully explained in links from post #2 of the NEWBIES thread.
    .
    • duffyscouse
    • By duffyscouse 18th Dec 18, 5:10 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    Ok I'll check and see if it makes sense - Assume I just save that for if/when I get to court
    • KeithP
    • By KeithP 18th Dec 18, 6:39 PM
    • 12,164 Posts
    • 12,929 Thanks
    KeithP
    Ok I'll check and see if it makes sense - Assume I just save that for if/when I get to court
    Originally posted by duffyscouse
    I'm not sure what you mean.

    Yes, of course you can/should check out why to not file a Defence via MCOL.

    But what are you planning to save 'for if/when I get to court'?

    Just to be clear, your Defence must be filed by 4pm on Monday 14th January 2019.
    .
    • duffyscouse
    • By duffyscouse 18th Dec 18, 8:59 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    No problem - can someone point me as to if my defence is ok if I send it - I thought one of the regular posters (such as your good self) is a legal aid who offers to help to get the defence tight so it can be upheld .

    Regards
    D
    • duffyscouse
    • By duffyscouse 5th Jan 19, 5:45 AM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    How do I know my written defence is ok ? Im happy to follow the advice above from KeithP - thanks - also I assume MCL refers to moneyclaim.gov.uk

    If defence is deemed ok I can email it as described
    • Le_Kirk
    • By Le_Kirk 5th Jan 19, 10:08 AM
    • 3,746 Posts
    • 2,816 Thanks
    Le_Kirk
    You seem to have removed your defence! For advice on defences go to the NEWBIE sticky post # 2 and scroll down to look for concise defences posted by Bargepole, then adapt one that suits your circumstances remembering to include a point countering everything that the PPC claim you did wrong (the POC). Make sure you put in everything that you want to put before the court as you don't get a second chance (well you do but it costs money to amend a defence once submitted).
    • duffyscouse
    • By duffyscouse 6th Jan 19, 7:42 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    Basically they say I broke a contract by being seen to leave the car park on foot - I went to a speedbank adjacent and returned and made a purchase from the shop - I have a receipt but the till time is 2 hours out and I can prove this by a recorded conversation with the store owner a few days later !
    • duffyscouse
    • By duffyscouse 6th Jan 19, 7:48 PM
    • 24 Posts
    • 7 Thanks
    duffyscouse
    What's a POC ? - the claim form states they are claiming 160 in respect of a charge notice - for a contravention on 10/3/18 - saying I had 28 days to pay and failed to do so (I did NOT pay) saying I have failed to settle my outstanding liability - they seek recovery under section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up to the date of Judgement or earlier payment

    Thanks

    D
    • KeithP
    • By KeithP 6th Jan 19, 7:53 PM
    • 12,164 Posts
    • 12,929 Thanks
    KeithP
    Here is a short extract from post #4 of the NEWBIES FAQ sticky thread:
    POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts).
    .
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