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VCS / BW Legal Claim Form - PCM Media City Salford Quays Peel Investments


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Name of the Claimant ? Vehicle Control Services Limited

 

Date of issue – 20 April 2017

 

Date to acknowledge =8 May 2017

 

 

date to submit defence = 22 May 2017

 

What is the claim for –

 

1.The Claimant's Claim is for the sum of £120.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice issued on 31/12/2011 at 1.36pm at Media City Salford Quays Peel Investments.

 

2.The PCN relates to a Peugeot under registration XXXXXXX.

The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability.

 

3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.03 from 31/12/2011 to 19/04/2017 being an amount of £58.11. The defendant also claims £54.00 contractual costs pursuant to PCN terms and conditions.

 

What is the value of the claim? £307.11 in total (£232.11 plus £50 court fee and £50 legal reps costs)

 

Has the claim been issued by the Private parking Company

or was the PCN assigned and it is the Debt purchaser who has issued the claim ? VCS

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

 

Hi

I've had a claim form through the post which I could do with some pretty urgent assistance with if possible please.

 

 

another issue is that I go on holiday on 1 May and am not back home until 29 May.

 

Details from the sticky are as above:

 

The charge is from parking in front of some gates outside some waste land when watching football in Trafford Park.

 

 

Due to the age of it I have no idea who was technically driving.

It was a vehicle I leased through a work scheme and I could add anyone I wanted onto the insurance so it could easily have been my dad or brother driving if I had been having a drink at the game (it was New Years Eve).

 

I had been receiving letters for ages and ignored them all until I had a final notice in August 2016.

I emailed VCS on 17 August 2016 following some advice I had seen online and the email chain is as follows:

 

Dear BW Legal,

 

I write in response to your final notice, which I take to be a letter before action, dated 11th August 2016, the contents of which are noted.

 

Please be advised my address has changed to: [New address here].

 

As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location, as well as the operators' contract which allows them to operate at the site (or indeed confirmation they own the land in question).

 

As well as the information already requested please answer the following questions :-

 

What type of car park is it ?

 

What contravention gives a cause of action ?

 

Who contravened your rules ?

 

Who you are pursuing ?

 

Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?

 

How is the £154 made up ?

 

Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.

 

Having done some research on your claims I request that if you ignore my requests for information that your claim complies with

 

CPR 16

 

Contents of the claim form

16.2

(1) The claim form must –

(a) contain a concise statement of the nature of the claim

 

Contents of the particulars of claim

16.4

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies;

 

Practice direction 16

 

Other matters to be included in particulars of claim

 

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

 

Practice direction 22

 

Who may sign the statement of truth

3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by

(2) the legal representative of the party or litigation friend.

 

3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.

 

3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.

 

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.

 

Practice direction 7E

 

Signature

10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.

 

I await your response.

 

Yours sincerely

 

Their response on 19 August 2016 was:

 

Good Morning,

 

Thank you for contacting BW Legal, before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below.

 

1. Please complete your full name;

2. Please provide first line of your previous address and postcode;

3. Please provide your Date of Birth;

4. Please confirm an up to date contact number;

5. Please confirm this is your authorised email address.

 

Once we receive a response to the security questions, it will then enable us to answer your email fully.

 

Kind Regards,

 

BW Legal

 

Mine on 19 August was:

 

ME

[Old address]

 

You don't need my date of birth [Note: I didn't want them to have my DOB and mobile number - I don't think they should need it]

 

You don't need my contact number

 

Yes this is my email address

 

Thanks

 

Their response on 27 August was:

 

 

Dear Sir,

 

We are unable to correspond with you via email unless the data protection questions have been correctly answered.

 

Yours faithfully,

BW Legal

 

My response on 28 August was:

 

OK no problem. Respond to my points raised by post. Please note the change of address.

 

Whilst writing please confirm where you have obtain my phone number and date of birth.

 

Following this,

I didn't get a written response to my requests in my first email,

just a letter of claim to my new address on 12 September 2016,

a letter of claim on 28 March 2017 and a notice of county court claim issued on 20 April 2017.

 

I appreciate I probably should have dealt with all this sooner but I thought they would have eventually gone away!

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shame you wrote those pointless letters

whoever told you to do that...NOT from here.

 

 

please note your amended dates for AOS and Defence.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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shame you wrote those pointless letters

whoever told you to do that...NOT from here.

 

 

please note your amended dates for AOS and Defence.

 

I can't remember where it was from, possibly Money Saving Expert forums or something similar. If needs must I'll pay the fine but it's just frustrating being charged for parking outside a gate that probably still hasn't been opened now since the date of charge!

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Don't worry, needs don't must, you're not about to be paying anything, and it's not a fine :smile:

 

As they've issued a court claim,

you have to acknowledge it and submit a very brief defence,

you can do this on MCOL.

 

Read pretty much any other VCS thread on here for a 2 line defence, that'll do for now.

 

 

We can work on a full defence submission over the next few days.

It's unfortunate that you're going away on 1st May,

as that means that you'll have to submit your full defence early (so as not to miss the deadline)

and this will give VCS/BW Illegal more time to prepare a counter argument.

Not that it'll get them very far.

 

Main route for your full defence are that as this parking event took place in 2011 it predates the Protection of Freedoms Act 2012 and therefore the only person that can possibly be liable is the driver and you have absolutely no idea who that might've been.

 

Keeper liability did not exist in 2011, so they're stuffed every which way from Thursday!

 

It is up to VCS to prove who the driver was and not for you to prove who it wasn't. You have no obligation to name the driver, and so, they're a bit stuck and BW Illegal know this, but they won't care. They'll get a pay day regardless, it's just VCS that will lose out (stop laughing at the back :lol:)

If they're daft enough to pay the hearing fee on this one and proceed to court, they're going to end up owing you money :wink:

  • Haha 1

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

 

 

 

this

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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will you have internet access whilst away?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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file online or by returning the N1 with defend all ticked and a brief defence.

 

 

As this was pre POFA you simply say that

"the claimant have failed to show a cause for action against the defendant as they were not the driver at the time and no keeper liability exists"

 

Everything else you need to say can be added about a fortnight before this gets to court-if it ever does.

 

 

they are likely to drop the matter close to that date or just fail to pay the allocation fee.

 

You wont hear any more until you get an allocation questionnaire and that wont be for at least 6 weeks

 

do not contact BW or VCS regardless of what they send you, only act via the court process from now on.

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write to solicitors with CPR31.14,

court stuff via MCOL as you will be able to access it from anywhere once set up.

 

 

If you are submitting just the one line defence get it done now and then you wont miss any deadlines.

No email or phone calls to solicitors or VCS -EVER Proper paper and envelope only

 

when they fail to send you the documents requested ( they wont send them) you can ask the court to strike out the claim.

 

 

Leave that until you get back though if you are away for less than a month,

it isnt time critical as often such requests get shoved on the top of the file

and not read until the day of the hearing.

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  • 1 month later...

Afternoon all, hope all is well.

 

 

Further to the above, on 19 May I have two separate letters from BW Legal - one saying "our client intends to continue with the claim. We have filed notice of our client's intention to proceed with the court" along with a copy of a letter to the court saying the claimant intends to continue with the claim.

 

 

The second letter (I don't have it with me at the moment) basically said they will revert back to their client requesting the information I've requested in my letter, but I haven't had anything since from them.

 

 

I've also had a "notice of proposed allocation to the small claims track" from the court. This says the following:

 

 

1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed.

2. It appears this case is suitable for allocation to the small claims track.

If you believe this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire and explain why.

3. You must by 12 June 2017 complete the Small Claims Directions Questionnaire and file it with the court office [gives the address] and serve copies on all other parties.

 

 

 

 

Could anyone please offer some guidance on what I need to do next? Thanks for your help.

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you follow the instructions in the form for your point 3

basically thsi is about when you cant turn up because of holidays etc. Yu dont take any notice of what BWL say to you, they are the enemy and will do anything to put you off

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you should already know what to do

CAG is a self help site too!

you should be and have read numerous other claim threads to know this.

 

 

no the mediation

the rest is obv

 

 

I copy to the court

1 copy to bw

unsigned without the email/phone too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its annoying to see you don't appear to have read ONE related parking charge claimform thread according to your profile

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its annoying to see you don't appear to have read ONE related parking charge claimform thread according to your profile

 

 

dx

 

I've read loads of threads in the past, both on here and on other websites (MoneySavingExpert etc) and articles prior to starting to signing up to this site and starting this thread. All the circumstances differ slightly so, after receiving the claim form, I thought it better to sign up and explain the background and get some proper advice rather than either doing something wrong and losing the claim or just paying up through fear of being hit with a CCJ or similar.

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good

so why had you not seen about the N180,

 

 

anyway all sorted now then?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It was a long time ago when I looked in detail, probably between 6-12 months ago and then

 

 

I posted this topic after receiving a claim form a few days before I was going on holiday for a month so was looking for some quick, helpful advice.

 

 

In addition, as noted above, being a non-expert in this area, I've read a number of different threads and the circumstances all seem to differ on a case by case basis (some parking on supermarket car parks etc) and therefore I thought it appropriate to start a thread.

 

 

Thanks for everyone's help in this thread to date - it is appreciated. I'll try and sort the rest myself. If push comes to shove I'll just pay it and save the hassle.

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you wont need to pay anything

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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