VCS/BW Claimform - for old 2015 PCN - help!!

[chris1302s]

This happened at the back of the Exeter Arms in Derby, 2015.

 

I went round the back of this pub to park and unload my equipment in to the pub

but all the parking bays owned by the pub were taken, s

 

 

I did pull up near the rear entrance to the pub unload my equipment

and then take my car round the front to park on the street which by that time was free parking.

 

 

Some weeks later I received a letter from VCS with a fine for parking there.

I was going to ignore it but my wife talked me into sending an appeal letter, which of course was rejected.

 

 

Now I'm receiving lots of correspondence from CVS and now bwlegal.

 

 

Up to now I've had a couple of letters from bwlegal threatening to take me to court if I don't pay up,

even quoting a successful court case of ParkingEye Ltd v Beavis [2015] UKSC 67.

 

I guess what I'm asking is, should I continue to ignore these letters or is there something I could do?

[dx100uk]

one

its not a fine

read the letter carefully

they cannot use that word.

 

 

follow the below link

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=BW+VCS&sa=Search+CAG#gsc.tab=0&gsc.q=BW%20VCS&gsc.page=1

and read the numerous like threads.

BW legal can go nowhere with this

they are simply acting as a DCA

and a DCA ins NOT A BAILIFF

and has

NO SUCH LEGAL POWERS.

 

 

go read the above threads.

[chris1302s]

Thanks dx100uk. Think I just needed a little reassurance. Even if it does, by some miracle go to court I'd be quite happy to go and give my case.

How is it they can get away with acting like this. There should be laws against it. Just unbelievable!

[ericsbrother]

BW legal are just guns for hire solicitors acting as debt collectors so can be ignored working in that capacity.

the Beavis case is largely irrelevant other than for setting levels of charges that are acceptable

without showing any calculations as to waht is actually a loss to the parking co.

 

Now, cast your mind back to when you appealed, what did you say at the time and did you say you were driving?

 

 

 

Also, can you provide pictures of the signage entering the pub car park

as that is what they will have to rely on to say you have broken a contract.

 

 

If I am correct by looking at google then the car park doesnt have any signs facing the road at all

and there is no defining markings on the site to show any separation of the land into different ownership.

A sign saying that the car park does not belong to baloon party ideas does not a contract make.

 

In short,

they dont stand a hope in hell in persuading a judge that anyone could tell whose land is whose

and what the conditions for parking at any particular spot is.

 

My advice is to wait and see if they send a "letter before action" or "letter before claim"

and then respond by saying that there is no signage or ground markings

where your vehicle was parked that indicates the division of the multiple ownership

or leases of the land in question

 

 

you put it to "strict proof" that the exact spot the vehicle was is managed by their client

and they have the authority to make claims in their own name

and that there is sufficient signage with the relevant planning permission

to show that anyone parking in that spot would be aware of a contract being offered

(as there is no signage at all that is visible when entering from the highway).

[chris1302s]

Just had a look at my appeal letter. Not sure it was a wise letter to send them. Do you want to see what I had said?

[ericsbrother]

doesnt matter, just that if you didnt say you were the driver at the time it screws any chance of them suing you as they cant claim keeper liability under PoFA because of how they operate.

Keep to the suggested communication should they bother to write again, it creates a paper trail and lets them know that you arent going to roll over.

[chris1302s]

That's just it, I did say that I was driving the car at the time.

[dx100uk]

:frusty:

[ericsbrother]

well, if they write again use the last para in post #4 and suggest they go and amuse themselves elsewhere

[chris1302s]

I now have a claim form regarding the above supposed parking fine. Any tips on how to fill in the claim form?

[honeybee13]

I now have a claim form regarding the above supposed parking fine. Any tips on how to fill in the claim form?

 

Hello there.

 

Is this an N1 from the court on behalf of BW Legal? If so, could you type up their POCs please, minus any identifying details.

 

HB

[chris1302s]

Yes, it states it is a N1SDT Claim Form.

 

POC is:

 

1.The Claimants claim is for the sum of £100.00 being monies due from the Defendant to the claimant

in respect of a parking charge notice (PCN) issued on 08/08/2015 (issue date) at 20:31:29

at Exeter Street & Exeter Place L.s.atwall L.s.atwall

The PCN relates to (my car) under registration (My Reg)

 

2.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 0.02 from 08/08/2015 to 25/05/2016 being an amount of £5.84.

The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions.

 

Really appreciate your help on this

[honeybee13]

Thank you for that. And thank you for posting on the existing thread so the guys have all the information.

 

One more question please? What is the issue date on the top right of the N1. That helps us to know the timescale of events.

 

HB

[chris1302s]

Issue date is 26th May 2016

 

I know, this went off the radar a bit but it seems you can complete this online if I've read it correctly. Sorry about that, my fault, just have had a lot on my plate lately.

[honeybee13]

I think you have a couple of days left.

 

The guys will tell you.

 

HB

[dx100uk]

lots of time left

simply pop up on the MCOL website

and using the details from the claimform

 

 

ack {AOS} the claim

defend all

leave juris unticked

exit mcol

 

 

dx

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=VCS/BW+Claimform+&sa=Search+CAG#gsc.tab=0&gsc.q=VCS%2FBW%20Claimform&gsc.page=1

[ericsbrother]

acknowledge the service and tick box saying you intend to defend in full.

Once you have done this you then have another 14 days to send in a skeleton defence

( or you can enter something in the relevant box on the Acknowledgement)

 

I would just say that

"no contract was offered by VCS by way of signage where you parked

so there cannot be a breach to cause a claim to be made".

 

As the signage is inadequate and the site has multiple occupiers

you can then demand from BW under CPR 31.15 and 31.2

a copy of the contract with the landlord of the place you were parked

that assigns the right to enter into contracts with others

and make claims in their own name for breaches of such contracts.

 

also demand a copy of the planning permission granted by the council for their signs

under the Town and Country Planning Act.

 

 

get pictures of the signs there, specifically picture of you point of entry and where exactly you parked.

 

Check with the land regstry who owns the land where you vehicle was

as i bet there are more than 2 owners of the car park.

 

 

contact council and ask if VCS/Excel have planning consent for their signs at that site.

 

get their response in writing by email as if there is no PP then VCS are committing a criminal act

and you cant be party to a criminal contract.

Edited June 8, 2016 by honeybee13
Paras.

[chris1302s]

Hi,

it seems that even though I went on the MCOL site and stated that I was going to defend

 

the next thing I know is that I get a letter through the post that the court has defaulted the outcome on BWLegals side

and I have to pay up in full.

 

It says I could set asside the case if I want to defend but will cost £255,

I believe.

 

Not sure what went wrong but it seems I have no choice now but to pay up.

Just can't believe it, gutted!

[dx100uk]

claimform date was 26th May 2016

you had to AOS by 13th june [19 days]

you have till 4pm tomorrow to fil your defence [day 33]

 

 

unless you got the claimform date wrong?

[chris1302s]

No, the date is correct.

 

I had been trying to log onto the MCOL site and couldn't.

 

It seemed that the logon details wouldn't work

but when I finally did, with the same logon details, as I say the outcome had defaulted.

 

Now I'm so confused and frustrated and worried, at he same time,

 

whether there is anything I can do about this.

 

I'm going to ring the court tomorrow to find out what had happened.

[dx100uk]

right so you didn't AOS by the 13th then?

[chris1302s]

I did AOS, it was just after that that I couldn't logon to the site.

[dx100uk]

right so if you gotto mcol now what does it say?

 

you have till 4pm tomorrow to fil your defence [day 33]

 

are you sure this letter is from the northants court?

 

 

dx

[chris1302s]

The MCOL website page looks like this when I've logged in:

 

I've spoken to the court help desk

they say they cannot see any AOS but they did say if I sent some evidence that I had ie a screenshot as the above they would re-assess it.

 

I am a little worried as the BWLegal said I had 10 days to pay,

is that right,

can they do that,

is that legally binding?