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  • FIRST POST
    • THX-1-1-3-8
    • By THX-1-1-3-8 13th Aug 19, 8:21 PM
    • 61Posts
    • 68Thanks
    THX-1-1-3-8
    County Court (VCS) Residential PCN
    • #1
    • 13th Aug 19, 8:21 PM
    County Court (VCS) Residential PCN 13th Aug 19 at 8:21 PM
    Hello all,

    Firstly a big thanks to the really useful newbie thread from Coupon-Mad. Ive just spent the last few hours reading through it. I have sent a SAR to VCS and done the AOS online today but have not submitted a defence yet or contested jurisdiction. The legal representation for VCS is DCB Legal and they are named on the court document as where to send documents.

    Im aware of other threads currently running and won recently but these were not residential. I have decided to open a thread here as a result.

    In early August I was sent a Claim Form from Northampton CC regarding an alleged contravention at a privately operated car park in Sheffield. This was sent to an old address that was neither the vehicles registered address or my current residence.

    The particulars of the claim are....

    1.The defendant (D) is indebted to the Claimant (C) for a Parking Charges(s) issued to vehicle XXXX at XXXX
    2. The PCN details are XXXX dated XXXX. - ;The given dates here do not match the NTK.
    3.The PCN(s) were issued on private land owned or managed by (C). The vehicle was parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN.
    4. The Driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding.

    The contract entitles C to damages AND THE CLAIMANT CLAIMS
    1. 160 being the total of the PCN and damages.
    2. Interest at a rate of 8% per annum pursuant to S.69 of the County Courts Act 1984 from the date hereof at a daily rate of 0.04 until judgement or sooner payment.
    3. Costs and court fees.


    As background to the issue....


    In 2016 for a period of 6 months I was a resident in a building on a road within this area and had access to the area via the use of a remote for the barrier. When I moved into the property I was issued with keys, a remote for the barrier and a paper bookmark style pass from VCS. This did not have my vehicle reg on or anything.

    I am in the process of proving I was in receipt of this, I can prove I was a resident at time quite easily and have listings of the original advert indicating parking was included with the rent. I have a copy of a tenancy for the property which says I am only bound by a head-lease if one is attached to the tenancy. None are attached to the tenancy I had and I have a signed copy of this.

    The only way to access the area is through this gate so trespass would only be possible by tailgating.

    The area is not a car park at all, but a private street which has several businesses , houses and an apartment block. Off the road to either side at various points are areas for parking but no spaces are painted or indicated. There are no numbers or anything like that.It is legally classed as road and has an address as such, as well as appearing so on ordinance surveys.

    The NTK refers to this area as a Private Car Park only.

    I do not recall reeving PCN or CN on my vehicle at any point in 2016. I did not receive any documentation from VCS other than the NTK which was sent to the vehicles registered address 5-6 weeks after the contravention date given by VCS on the NTK.

    I have seen no image or evidence of the PCN / CN and they have not been provided to me.

    I contacted VCS in May 2016 and received no reply. I then heard nothing until a letter from both DCB Legal and Northampton CC arrived in my post in early August - both had been sent to an old address which was not the registered address of the vehicle.

    And here I am.

    Im beginning to write a defence following various threads as a guide but anything that immediately becomes apparent to the veterans here would be much appreciated.

    Should I write to DCB Legal and the Northampton CC and tell them they are using out of date information and that "for service" they should use my current address? VCS are aware of it now via the SAR.
Page 5
    • DoaM
    • By DoaM 14th Jan 20, 3:16 PM
    • 8,723 Posts
    • 8,614 Thanks
    DoaM
    Hearsay means it is unevidenced, circumstantial.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • THX-1-1-3-8
    • By THX-1-1-3-8 14th Jan 20, 3:29 PM
    • 61 Posts
    • 68 Thanks
    THX-1-1-3-8
    I know what hearsay would ordinarily mean, but to include it in an evidence pack?

    Yes, judge, we are claiming against the defendant based on these circumstantial and vexatious items of evidence.

    What the hell.
    • THX-1-1-3-8
    • By THX-1-1-3-8 15th Jan 20, 1:24 PM
    • 61 Posts
    • 68 Thanks
    THX-1-1-3-8
    Try just ' VCS Roch' and find a post by Johnersh a solicitor poster here, from a year or so ago. You can change the advanced search to look for posts only by him.
    Originally posted by Coupon-mad
    Found this one in the end. Almost identical WS to me. Very useful.

    https://forums.moneysavingexpert.com/showthread.php?t=6024795&highlight=vcs+kumari&page =5#topofpage
    • THX-1-1-3-8
    • By THX-1-1-3-8 20th Jan 20, 4:51 PM
    • 61 Posts
    • 68 Thanks
    THX-1-1-3-8
    So, Ive had their summary of costs today (Via DCB Legal).

    Yet MORE costs added. 50 court fee. 150 hearing fee and 30 solicitors fees.

    This is of course in addition to the 60 add on costs to the original PCN. Their claim particulars already includes costs and fees for court and legal so god knows where this has come from.

    I take it that I use the same form for Costs? Im wanting to get this in today / tomorrow.

    Looking to charge them for every bit of postage and time etc, and try and go for unreasonable costs.

    Im unfamiliar with the costing stage of submission. Does anyone have any info / links they could offer?
    • Redx
    • By Redx 20th Jan 20, 4:55 PM
    • 26,826 Posts
    • 35,098 Thanks
    Redx
    see the thread by LOC123 , plus see other recent court cases over the last 12 months , see what their costs schedules were, adapt one
    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
    • THX-1-1-3-8
    • By THX-1-1-3-8 20th Jan 20, 4:56 PM
    • 61 Posts
    • 68 Thanks
    THX-1-1-3-8
    see the thread by LOC123 , plus see other recent court cases over the last 12 months , see what their costs schedules were, adapt one
    Originally posted by Redx
    Thanks, still at work so havent had much time to do any research yet. Was surpised to get theirs today but we are only a week or so out.
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