Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Happy_McOutsource
    • By Happy_McOutsource 4th Aug 18, 12:16 PM
    • 8Posts
    • 0Thanks
    Happy_McOutsource
    Claim Form - VCS/Excel
    • #1
    • 4th Aug 18, 12:16 PM
    Claim Form - VCS/Excel 4th Aug 18 at 12:16 PM
    Good afternoon you bunch of amazingly fantastic life savers

    I have been a lurker on these forums for some time now, often getting help without the need of registering; guilty of not thanking people directly but also happy in the knowledge that i have signposted many people to the MSE forums over the years for help to.

    Anyway, apologies for that introduction - down to business.

    I have recently (0108) received a claim form from Vehicle Control Services in respect to "breach of contract i respect of breaching the Terms and Conditions set on private land". Now the particulars on the claim form are not very particular, they are claiming £600 (plus court costs of £60, so total claim £660), but do not breakdown these charges, or even reference place or dates.

    My belief is that this is in respect to an hours stay in a hotel car park where i was visiting a friend in the bar area as they had arrived in Manchester on business and did not know anyone in the area. I parked up and spoke with the receptionist of the hotel to explain that I was visiting the person in question (provided their name and my friend came over to give his room number), and asked if I was okay parking where I was parked; more to the point that i didn't know if the spots were allocate by room number etc. The receptionist confirmed the bar was closing within the hour, that my car was fine to be left where it was and we then moved to the bar area to chat.

    A few weeks after this, I received a letter from EXCEL parking something or other in respect to a fine for my car being left without permit etc. Due to reading advice on this forum and others I have since ignored the letters. I have not received one for a long time, assuming the matter had gone by the wayside, but then received this claim today.

    How the invoice has reached £600 is beyond me, the hotel is nice but...

    I have read through the NEWBIES PRIVATE PARKING thread, 3 times, and it's just settling in but I definitely need to read the thing again. I have acknowledged the claim form on MCOL website and received the references etc. Stage 2 on the thread mentioned above is for me to start my own thread immediately so that you fine people can offer advice and guidance as I go. I know i need to draft my own defence, using the sample provided in the thread so that you can critique it and offer advice - I am in the process of doing that now, so i should be able to post that this evening.

    So that's a quick background story which will ultimately form my defence - I have attached copies of the claim form itself for you in case that is required also.

    Thanks again for the (hopefully) impending assistance with this, the help you guys provide people every day is absolutely invaluable as I am sure you already know.

    docdro.id/dOvcZla - you will need to copy and paste this with https:// infront of it as the MSE forums won't allow me to post a link as newbite, understandbly. If there is a better way of me posting the document please let me know :-)
Page 1
    • Quentin
    • By Quentin 4th Aug 18, 12:52 PM
    • 38,006 Posts
    • 22,104 Thanks
    Quentin
    • #2
    • 4th Aug 18, 12:52 PM
    • #2
    • 4th Aug 18, 12:52 PM
    #2 in the FAQ covers Court claims and how to deal with them.

    It's unlikely you are being taken to court over £600 for a single pcn,!

    So find out more!!
    • Happy_McOutsource
    • By Happy_McOutsource 4th Aug 18, 12:59 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource
    • #3
    • 4th Aug 18, 12:59 PM
    • #3
    • 4th Aug 18, 12:59 PM
    Thanks Quentin.

    When you say no. 2 in the FAQ's helps about claims, and that I should find out more; the only thing i can see for no. 2 is "Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

    A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME."
    - am I missing something? Should I be calling VSC to get more information here?
    • Le_Kirk
    • By Le_Kirk 4th Aug 18, 12:59 PM
    • 3,400 Posts
    • 2,365 Thanks
    Le_Kirk
    • #4
    • 4th Aug 18, 12:59 PM
    • #4
    • 4th Aug 18, 12:59 PM
    Your link will not "liven up" stating there is a problem with the certificate. Try using tinypic or imgur to post an image.
    • Happy_McOutsource
    • By Happy_McOutsource 4th Aug 18, 1:06 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource
    • #5
    • 4th Aug 18, 1:06 PM
    • #5
    • 4th Aug 18, 1:06 PM
    Thanks for the reply.

    The forum won't allow me to post anything with http:// (a link) at all, including an image. Posted below with a space between slash and beginning of link

    http:// i63.tinypic.com/6zwyll.jpg
    • Quentin
    • By Quentin 4th Aug 18, 2:05 PM
    • 38,006 Posts
    • 22,104 Thanks
    Quentin
    • #6
    • 4th Aug 18, 2:05 PM
    • #6
    • 4th Aug 18, 2:05 PM
    Thanks Quentin.

    When you say no. 2 in the FAQ's helps about claims, and that I should find out more; the only thing i can see for no. 2 is "Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

    A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME."
    - am I missing something? Should I be calling VSC to get more information here?
    Originally posted by Happy_McOutsource
    You misunderstand.

    Each post in a thread is numbered.

    This one is #6 in your thread.

    Read up #2 in the FAQ
    • Castle
    • By Castle 4th Aug 18, 2:13 PM
    • 2,109 Posts
    • 2,832 Thanks
    Castle
    • #7
    • 4th Aug 18, 2:13 PM
    • #7
    • 4th Aug 18, 2:13 PM
    There will be further particulars to follow.

    (You've left your password on the claim form)
    • Quentin
    • By Quentin 4th Aug 18, 2:14 PM
    • 38,006 Posts
    • 22,104 Thanks
    Quentin
    • #8
    • 4th Aug 18, 2:14 PM
    • #8
    • 4th Aug 18, 2:14 PM
    http://i63.tinypic.com/6zwyll.jpg
    • Happy_McOutsource
    • By Happy_McOutsource 4th Aug 18, 2:38 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource
    • #9
    • 4th Aug 18, 2:38 PM
    • #9
    • 4th Aug 18, 2:38 PM
    You misunderstand.

    Each post in a thread is numbered.

    This one is #6 in your thread.

    Read up #2 in the FAQ
    Originally posted by Quentin
    Ah! What an idiot - sorry and thanks!

    The way I have read that post on the FAQ's is that I should reply to the claim and confirm further details to the alleged claim. I have read other posts from other members and it seems the next step is to contact VCS now for further details, and not contact the court directly until I am ready to file my defence; is that correct? Does the following letter look good to send to VCS?

    To whom it may concern

    I note receipt of your recent claim in respect to alleged “breach of contract in respect of breaching the Terms and Conditions set on private land”. I now require picture evidence of the alleged claim and answers to the following questions:

    1. What is the basis of the claim. Is Vehicle Control Services making a claim as an agent of the landowner or making the claim as occupier in their own right?

    2. Is the amount claimed by Vehicle Control Services for a genuine pre estimate of loss for a breach of contract or a contractual sum?

    3. If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, for example, a works schedule, maintenance record or invoice for the work.

    4. Were there signs at the entrance to the site on the date in question? Did these meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

    TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.

    I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of Vehicle Control Services.


    If this isn't regarding the aforementioned Hotel parking situation then I genuinely have no idea what it could be regarding. The POC noted on the claim form are vague as you can see, and states "as detailed in the Particulars of Claim (to follow)" - how long do they have to send this?
    • Happy_McOutsource
    • By Happy_McOutsource 7th Aug 18, 6:22 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource
    Afternoon all

    I have today received the particulars of claim from VCS directly. I will scan and update these for you this evening. It seems this charge pertains to six (6) charge notices in respect to a parking on private land at a Booths supermarket. They operate a policy of paying £3 but if you go into Booths and ask for a refund they will provide one to you, as long as you've made a purchase of course.

    The problem with the carpark are many, the pay machine is regularly broken & i've had countless issues in respect to yellow tape going across the T&C's but still being charged, machine being broken, on one occasion I remember having a ticket, was in Booths for about 5 minutes and recieving a ticket due to it falling onto the seat of the chair. I challenged the guy that booked me and he was one of the worst human beings I've ever come across, I complained to Booths but was told I needed to take it up with the parking agency. For the remainder of the alleged violations I have no idea who was even driving!

    Hopefully you guys can point me in the right direction pertaining to my defence before I go ahead and write it.

    Thanks again.
    Last edited by Happy_McOutsource; 07-08-2018 at 6:30 PM.
    • Happy_McOutsource
    • By Happy_McOutsource 7th Aug 18, 6:33 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource
    Here we go all: hxxp://docdro.id/8EgLD2G
    • KeithP
    • By KeithP 7th Aug 18, 6:48 PM
    • 11,319 Posts
    • 11,860 Thanks
    KeithP
    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.
    Last edited by KeithP; 07-08-2018 at 6:50 PM.
    .
    • Happy_McOutsource
    • By Happy_McOutsource 7th Aug 18, 10:25 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource

    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.
    Originally posted by KeithP
    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
    • By KeithP 7th Aug 18, 10:50 PM
    • 11,319 Posts
    • 11,860 Thanks
    KeithP
    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.
    .
    • IamEmanresu
    • By IamEmanresu 8th Aug 18, 6:39 AM
    • 3,784 Posts
    • 6,229 Thanks
    IamEmanresu
    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.
    Last edited by IamEmanresu; 08-08-2018 at 6:46 AM.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • Johnersh
    • By Johnersh 8th Aug 18, 7:41 AM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    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.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • IamEmanresu
    • By IamEmanresu 8th Aug 18, 8:30 AM
    • 3,784 Posts
    • 6,229 Thanks
    IamEmanresu
    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.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • The Slithy Tove
    • By The Slithy Tove 8th Aug 18, 9:38 AM
    • 3,455 Posts
    • 5,063 Thanks
    The Slithy Tove
    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
    • By Castle 8th Aug 18, 10:51 AM
    • 2,109 Posts
    • 2,832 Thanks
    Castle
    OP

    Have you checked with DVLA that they have requested your details 6 times?
    • Happy_McOutsource
    • By Happy_McOutsource 10th Aug 18, 3:47 PM
    • 8 Posts
    • 0 Thanks
    Happy_McOutsource
    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?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

700Posts Today

4,613Users online

Martin's Twitter