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  • FIRST POST
    • Wirelessoption
    • By Wirelessoption 4th Jun 18, 8:49 AM
    • 13Posts
    • 7Thanks
    Wirelessoption
    MCOL phase! Please help!
    • #1
    • 4th Jun 18, 8:49 AM
    MCOL phase! Please help! 4th Jun 18 at 8:49 AM
    Morning guys,

    In a bit of a pickle and don!!!8217;t know what to do.

    advice and help would be greatly appreciated!!

    Got a PCN dated march 17, I'm assuming for stopping at a bus stop near a roundabout, outside Robin Hood Airport Doncaster.

    I say assume because the only letter I ever received was an LCB. That may have been because the address they sent that letter to was an old address (that I hardly check). I did update my current address with DVLA when I paid tax for the new car I got months after this incident.

    My recollection of the event leading to the PCN in a nutshell
    What had happen was I was driving to the airport and my car (BMW 3 series) experienced power loss and I had no choice but to pull over( bus stop). This happened late hours of the night and I didn't see any signs. I tried to start it, it wouldn't start for a period of time. The mobile CCTV van clocked me and I got invoiced from VEHICLE CONTROL SERVICES LTD.

    * I never came of the car
    * Never switched the engine off on purpose it just cut out.

    Found out AFTER I traded the car in( it was giving too much problems), that BMW were having an issue with that model for the "positive battery cable becoming damaged and impairing the power supply of the vehicle" according to BMW.

    I got evidence from BMW that my car was recalled for that issue but because I got rid, I never took it into BMW for the recall.

    Now what I did about the LBC
    I was advised to send this because I didn't have any previous letters from them:
    ! ! ! ! ! ! ! ! ! ***My Details***


    Date: 19/03/2018

    REQUEST FOR FURTHER AND BETTER PARTICULARS

    Dear Sirs

    Regarding your letter of ****** it is necessary to ask for more information regarding a purported debt to yourselves. Your letter is woefully insufficient for me to form an opinion of the legality of your claim. As such, please answer the following questions. Please respond, in full, within 14 days. Failure to respond will be recorded and shared during any future court proceedings.
    Standing to bring a Claim
    1. Please identify the landowner or occupier from whom you say you derive your authority to operate.
    2. Please confirm you can demonstrate a clear chain of authority from the landowner/occupier either by way of a written authority contract, deed or lease.!!!8232;(a) That this/these document(s) is/are in your possession or if not when they will be.!!!8232;(b) That such document(s) are available for inspection and if not when they will be.!!!8232;(c) That copies of the document(s) can be provided and that the originals will be available at court.
    I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.
    Breach of Contract?
    3. What is the basis of the claimants claim?!!!8232;(a) An agreed contract?!!!8232;(b) A breach of contract?!!!8232;(c) Trespass?
    4. If 3.a or 3.b, what is your legal capacity to offer parking at the location? And how is that supposed contract created, by sign, by permit or by some other means?
    5. If 4.c what is your legal capacity if not the land-owner or lessee?
    I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.
    The Contract
    6. If it is your case that the claim is based in contract and that such a contract was conveyed by way of signs displayed at the location please confirm the following:!!!8232;(a) That you are able to produce a copy of all the various signs at the location as they were on the date the PCN was issued, indicating the various text point sizes together with a map or plan showing where they are deployed on site.!!!8232;(b) A schedule of works/maintenance showing how and when such signs on-site were repaired, replaced and cleaned etc.!!!8232;

    (c) Full proof that the signage complied with the relevant Code of Practice on the date the PCN was issued.I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.
    Evidence of a Contract, Breach of Contract or Trespass
    7. Please confirm whether it is your intention to adduce photographs and or video footage of the relevant event and:!!!8232;(a) That such photographs and/or footage is in your possession and if not when it will be?!!!8232;(b) That such photographs and/or footage are available for inspection and if not when they will be?!!!8232;(c) That copies of the photographs and/or footage can be provided and that all the originals will be available at court.
    I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.
    Additional Costs claimed
    8. Please confirm that you have in your possession an analysis of the costs incurred that form the additional charges included in the claim and:!!!8232;(a) That copies of such an analysis and other attendant documents upon which the analysis is based are available for inspection and if not when they will be?!!!8232;(b) That copies can be provided of the analysis and attendant documents and that all original documents upon which you might seek to rely on in this respect will be available at court.
    Misuse of Personal Data
    9. As you have accessed my personal details via the DVLA, you will be aware that the "reasonable cause" provisions are on the basis that there is a lawful purpose to support the request. Please confirm you agree that if your case fails you will recompense me for damages amounting to 250 for the misuse of my personal data. Acceptance is by performance.
    Litigants in Person
    I will be defending any claim you intend to make as a Litigant in Person and I wish to alert you to the court's view on how you should approach any such claim. The Law Society has provided guidance and a copy is available for you if you do not already possess a copy.!
    TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU. SERVICE WILL BE DEEMED TO HAVE BEEN EFFECTED ON THE SECOND BUSINESS DAY AFTER POSTING.

    Yours sincerely,


    My Name

    1. I emailed them my current address as I forgot to put it in that letter.
    2. NEVER GOT ANY RESPONSE in regards to that request.

    May 2018 I received a claim form address to the same OLD ADDRESS.

    So I called VCS ( I knew I should not have but I sent them a letter already so playing the ghost card was irrelevant) and explained that Im not willing to pay and explained I had evidence from BMW and that I had emailed them my current address. He said to acknowledge the form otherwise a default verdict can go in and send in a defence if they deem it legit they could discontinue.


    Now here I am deciding whether It's worth fighting or asking for a reduced in fee.

    I would like to defend it but was wondering if I have a chance at winning and would like help with a Defence if there was please.

    Got a couple days before the deadline to put inn an acknowledgment.
    Last edited by Wirelessoption; 04-06-2018 at 6:44 PM.
Page 2
    • Coupon-mad
    • By Coupon-mad 29th Jun 18, 11:10 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    It's useful anyway to have a VCS Airport 'no stopping' defence around, to be used/adapted again.

    Do not reply if a poster with less than 1000 posts sends you a private message. People lurk and pop up and post on this forum with a dark agenda. Beware of 'unknown' new posters.
    • Wirelessoption
    • By Wirelessoption 30th Jun 18, 9:12 AM
    • 13 Posts
    • 7 Thanks
    Wirelessoption
    True, is there any way to send in that defence? or do you think my defence would hold up?
    • Umkomaas
    • By Umkomaas 30th Jun 18, 9:19 AM
    • 19,813 Posts
    • 31,286 Thanks
    Umkomaas
    Adding to or changing your defence is possible, but extremely costly - 255.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Wirelessoption
    • By Wirelessoption 20th Jul 18, 8:04 PM
    • 13 Posts
    • 7 Thanks
    Wirelessoption
    hi guys

    Just a quick update for anyone following this.

    Ive filled in and sent out the DQ, the claimant filled theirs in as well and sent it to me. Also the county court has got back to me saying that "This claim has been transferred to the below county court (my local court) hearing centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation." I received that letter on the 10th of July, haven't got anything since then from either parties, just currently gather my evidence and getting ready to battle.

    Ill be sure to keep you posted.
    • KeithP
    • By KeithP 20th Jul 18, 8:08 PM
    • 9,889 Posts
    • 10,205 Thanks
    KeithP
    You also need to be thinking about a Witness Statement.
    .
    • Wirelessoption
    • By Wirelessoption 23rd Jul 18, 9:40 PM
    • 13 Posts
    • 7 Thanks
    Wirelessoption
    excuse my ignorance but I didn't have any witnesses with me, unless you meant some thing entirely different then please explain.
    • KeithP
    • By KeithP 23rd Jul 18, 9:42 PM
    • 9,889 Posts
    • 10,205 Thanks
    KeithP
    You are a witness.

    Are you the keeper? Then at least you witnessed the arrival of NtK.

    I'll not read the rest of your thread to find out what else you have witnessed.
    .
    • Quentin
    • By Quentin 23rd Jul 18, 9:42 PM
    • 37,525 Posts
    • 21,736 Thanks
    Quentin
    It is your WS


    See #2 in the FAQ for advice on preparing your WS
    • Coupon-mad
    • By Coupon-mad 23rd Jul 18, 9:45 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    excuse my ignorance but I didn't have any witnesses with me, unless you meant some thing entirely different then please explain.
    Originally posted by Wirelessoption
    You can't be ignorant to what happens next and that defence is not your only job, unless you want to lose?

    Surely you've read the NEWBIES thread, please go and re-read the second post and suss what happens when, and that you are a witness and YOU must file a WS and evidence.
    • Wirelessoption
    • By Wirelessoption 24th Jul 18, 11:53 PM
    • 13 Posts
    • 7 Thanks
    Wirelessoption
    yes guys! you are all right, thank you all again for helping me out. I will start preparing my witness statement and gather as much evidence and learn my defence inside and out! Still waiting for my allocation date, so I got a little time now.
    • KeithP
    • By KeithP 13th Oct 18, 10:16 PM
    • 9,889 Posts
    • 10,205 Thanks
    KeithP
    Wirelessoption, how is this progressing?
    .
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