Claim form Vehicle control services

Franky2301 · 8 November 2018 at 8:29PM

Evening All,

I really hope someone can help me, I have spent the last couple of hours reading threads and I just can’t seem to get my head around it all, my anxiety is through the roof and I simply can’t deal stress!

The keeper of said vehicle received a PCN at the beginning of the year for parking on private land and ignored the notices as advised on threads, however it was just a piece of card chucked with the date on chucked at the driver by the warden who rudely opened the car door while the driver was still inside. I (the keeper of the vehicle) recently received a small courts claim form for the amount of £165, SO HERES THE STORY.

The driver had pulled over to answer an important phone call, as soon as the hand brake was applied (engine still running) a warden came over to the car and ordered the driver to move, they advised they aren’t stopping and will move once the phone call had finished, this was about 1 min long! A few choice words were exchanged and the warden threatened to write a ticket so the driver stupidly called their bluff and told them to go ahead, they then wrote the date on a piece of yellow card with parking notice or something like that written on and threw it in the drivers face, thinking no more of it the driver discarded it.

a couple of weeks later a parking charge notice turned up in my post, as it was nothing to do with me I ignored it! some 8 months later I am now here writing this post desperate for some advise! Where do I stand in regards to appealing defending this case? I have not recieved any demands or debt collector letters to my knowledge.

I have already lost sleep over this and have a young child to look after and I can’t stop thinking about what is going to happen, i’m not the brightest spark in the book also so have no idea what to write for a defence?

SOMEONE PLEASE HELP

Thank you!

Franky2301 · 8 November 2018 at 8:31PM

EDIT: The PCN enforcement is no longer in force at the contravention place and the signs have been covered with bin bags and a printed sign saying it has been temporarily suspended however it has been like that for the past 6 months

Redx · 8 November 2018 at 8:43PM

your first task is to name the PPC below (full details as their are 2 VCS companies with similar names, so their address or city would help - ie:- SHEFFIELD perhaps ?)

also add the DATE OF ISSUE of your claim form from Northampton CCBC

and add the full POC details but no personal info or VRM details or references etc

so no identifiers but as much detail from that form as possible

login to the government website and use the MCOL ref number on the bottom left of the form to do the AOS , but AFTER you have read how to do it with the pictorial walkthrough contained in post #2 of the NEWBIES FAQ sticky thread near the top of this forum

use a laptop, not a phone and read that sticky thread post #2 and the relevant links , especially the BARGEPOLE links

then find a suitable example of a defence and paste it into word and adapt in, perhaps by starting with a concide defence written by BARGEPOLE, and then adapting it

post the draft below, but no personal info , no references, no VRM details , no pcn numbers etc

and send the PPC an SAR asap to get all their info and evidence

https://forums.moneysavingexpert.com/showthread.php?t=5849784

Franky2301 · 8 November 2018 at 9:27PM

The claimant is VCS Sheffield

Issue days 07/11/2018

POC
The claimants claim is for the sum of £160 being monies due from the defendant to the claimant in respect of a Charge notice (CN) for a contravention on XXXXX at XXXXX
The CN relates to a XXXX under registration XXXX The terms of the CN allowed the defendant 28 days from the issue date to pay the CN but the defendant failed to do so. Despite demand having been made the defendant has failed to settle their outstanding liability. The claimant seeks the recovery of the CN and interest under section 69 of thd County Courts Act 1984 at the rate of 8% at the same rate up to the date pc judgement or earlier payment.

I have read the sticky’s and pinned post and are still so confused by it, do I appeal now and dispute that the driver is unknown? I am not sure how to proceed as the story itself is a tricky one?

Redx · 8 November 2018 at 9:29PM

no , you cannot appeal, the time for that has long since past

you need to do exactly what I told you, especially as it took me some time to type it out, which I didnt do for nothing

generally speaking, the story is irrelevant at this time, the defence is based on legal arguments, your WS comes much later in the process, where any "story" may play a part

so AOS first, having followed the guide

SAR second, to the claimant VCS Sheffield

draft your defence and post it below is 3rd

Coupon-mad · 8 November 2018 at 9:30PM

Same as all the other cases, and the NEWBIES thread post #2 tells you what to do, and how to win, including a VCS defence example.

Franky2301 · 8 November 2018 at 9:54PM

Sorry what does SAR stand for? I’m reading up on the #2 now thanks for your help so far!

KeithP · 8 November 2018 at 9:54PM

Franky2301 wrote: »

Issue days 07/11/2018.

With a Claim Issue Date of 7th November, you have until Monday 26th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 10th December 2018 to file your Defence.

Over a month 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:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
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'.
Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
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.

Redx · 8 November 2018 at 9:59PM

Franky2301 wrote: »

Sorry what does SAR stand for? I’m reading up on the #2 now thanks for your help so far!

you could google it, but I gave you a link to a thread that explains it all, plus post #5 of the NEWBIES FAQ sticky thread has a list of acronyms as well

more research please , the questions can come later when you reply and say

"ok , I have done all that was asked of me and here is my draft defence, please gove me feedback and critique"

Franky2301 · 8 November 2018 at 10:13PM

Haha sorry I told you i’m not the brightest crayon! One more question then I promise I won’t ask more until later! Would it be worth asking the company for a copy of the PCN that i got in the post as I can’t find it and cannot recall specifics before submitting my defence so I know whether to refer to protection of freedoms act or not with regards to it being a notice to keeper or driver etc ..

Redx · 8 November 2018 at 10:16PM

yes, that is one of many things you will be asking the company for, in your SAR that I asked you to send

we are not expecting you to be the brightest, but we DO expect that you can read and do research , which is why all the basics have been posted already

the only problem is that your defence will probably be due BEFORE the SAR request gets you the info you want, because you have to give them 30 days to reply to the SAR, hence why I said get it done ASAP

Claim form Vehicle control services

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