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  • FIRST POST
    • Pinnocent
    • By Pinnocent 6th Dec 18, 11:22 AM
    • 33Posts
    • 12Thanks
    Pinnocent
    myparkingcharge.co.uk / Vehicle Control Services Limited
    • #1
    • 6th Dec 18, 11:22 AM
    myparkingcharge.co.uk / Vehicle Control Services Limited 6th Dec 18 at 11:22 AM
    I was told recently that someone parked in what they thought was a standard urban parking area one evening - in pitch darkness - and came back to find a hand written paper 'Parking Ticket' from myparkingcharge.co.uk

    A few days ago they received a PCN in the post from Vehicle Control Solutions.

    Having read the Newbies posts on their behalf, I must say that I am a little confused - as on the myparkingcharge.co.uk Appeals page, they have several photographs of the vehicle in the dark (plus a conveniently well lit picture of the Warning Notice - as a result of using the camera flash!). There is a highly structured form on their website, and I'm not convinced that the 'blue appeal text' is entirely relevant i.e. there isn't a PDT machine, they've already included photos, etc

    I'm not sure about the 'overstay section' either - as it appears to be related to a Residents Parking Permit, as opposed to a meter.

    Is there another approach for this now, or should they just edit the Appeal down to the below:

    Re PCN number: xxx

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

    There will be no admissions as to who was driving and no assumptions can be drawn.

    Formal note:
    Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

    Yours faithfully, xxx

    *Any advice would be most gratefully welcomed.
    Last edited by Pinnocent; 06-12-2018 at 2:08 PM. Reason: general update
Page 3
    • nosferatu1001
    • By nosferatu1001 14th Jun 19, 7:45 AM
    • 5,679 Posts
    • 7,253 Thanks
    nosferatu1001
    Who told you to go to the lengths? Certainly not C-M, who just told you exaxctly what to do and how long it takes.

    CPR27.14. Read it. Tells you exactly what can and cannot e claimed in slmall claiims. Note that only by being unreasonably behaved do you open yourself up for extra costs.
    • Pinnocent
    • By Pinnocent 14th Jun 19, 8:20 AM
    • 33 Posts
    • 12 Thanks
    Pinnocent
    Nobody told me to go to such lengths - I was asking exactly that question. How far is it expected to go to win this case based on the Defence (and aligned Witness Statement)?

    Ref the Costs - and in the context of the Claim Form from the Claimant (which includes a Claim Amount, a Court fee and then zero for Legal Costs) - this appears to say the only additional amount (outside of unreasonable behaviour) could be "expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing". Surely they can't claim 'loss of earnings'?
    • Coupon-mad
    • By Coupon-mad 15th Jun 19, 12:56 AM
    • 76,465 Posts
    • 89,803 Thanks
    Coupon-mad
    I get the point around writing a good Witness Statement, but it is the huge amount of background 'legal argument' in the AdamBuzz14 thread that is way beyond myself and my colleague. Do we really need to go to such lengths?
    No.

    But you can copy parts of his one pretty much surely, as VCS' own WS in your case will be a template that quotes all the same cases as in his thread. He's done the work for you.

    Apart from demolishing the other side's WS, it's just the story of what happened:

    https://forums.moneysavingexpert.com/showthread.php?p=75892736#post75892736


    this appears to say the only additional amount (outside of unreasonable behaviour) could be "expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing". Surely they can't claim 'loss of earnings'?
    A Defendant can and must:
    Costs on the small claims track
    27.14
    ''(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing...''
    VCS' rep will try to claim their costs but they'd likely fail the test of proportionality.
    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
    • Pinnocent
    • By Pinnocent 18th Jun 19, 5:21 PM
    • 33 Posts
    • 12 Thanks
    Pinnocent
    Argh. My colleagues Court Date is in the middle of their overseas vacation - which was booked after the DQ was submitted. They have tried to ask the court for an alternative date - but unless the Claimant agrees, there will be a reschedule fee of 110 to 255.

    Are there any other options?
    • Coupon-mad
    • By Coupon-mad 18th Jun 19, 5:27 PM
    • 76,465 Posts
    • 89,803 Thanks
    Coupon-mad
    That's pretty silly, they should have written to the Judge as soon as they knew, naming and specifying the fortnight to add to the DQ dates.

    Sounds like they are not giving this the seriousness it needed, especially given they couldn't be bothered to write a strong WS & evidence, from what you posted before they wanted an 'easy version'.

    The only other choice is to tell the court to hear it in their absence. They can do that up to the fortnight before the court hearing date.

    In which case, I change my answer to your earlier question:
    I get the point around writing a good Witness Statement, but it is the huge amount of background 'legal argument' in the AdamBuzz14 thread that is way beyond myself and my colleague. Do we really need to go to such lengths?
    Absolutely YES, if the colleague is expecting not to appear.

    They have less chance to win now, and MUST make their WS & evidence very strong and absolutely nail the added costs objection so that if they do lose, the Judge doesn't also allow the fake added 60 etc.

    They can't send anyone else in their absence except a solicitor with rights of audience.
    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
    • Pinnocent
    • By Pinnocent 18th Jun 19, 6:05 PM
    • 33 Posts
    • 12 Thanks
    Pinnocent
    Thank-you. I think you make a reasonable comment; but as said before, I think this whole episode has been particularly stressful for my colleague - hence my offer of help...which makes me feel quite accountable now!

    I take it that there is no way to 'settle' this before the Hearing?
    Last edited by Pinnocent; 18-06-2019 at 6:06 PM. Reason: spelling
    • Coupon-mad
    • By Coupon-mad 18th Jun 19, 6:15 PM
    • 76,465 Posts
    • 89,803 Thanks
    Coupon-mad
    That would be very silly but of course they could settle by paying the full whack.

    Why would anyone do that, especially as they are running off on holiday and could possibly win in their absence (or at the very least reduce the 'fake added costs' and pay less) simply by putting in a decent WS & evidence - and blast those fake costs into the middle of next week?
    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
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