VCS ANPR PCN Claimform - overstay St Marys Gate, retail park, Sheffield **WON+COSTS**

[dx100uk]

now go back and read post 16

[DragonFly1967]

Justice143. The thing you MUST remember is that they've already failed.

 

They had 14 days from the day after the parking event to write to you with that NtK. That's not just a wish & a pipe dream, it's the law. POFA 2012. Schedule 4. Section 9. Paragraph 4(b)..

 

That means that the Ntk MUST have landed on your doormat on or before 7th November 2017.

 

Their NtK wasn't even printed until 29th November, so unless they had a DeLorean and some Plutonium handy, there's absolutely no way that it could have got to you before 7th Nov!

 

That means, as long as you don't tell them who was driving the vehicle, I've got more chance of building a house on the Sun than they have of ever winning a court case against you

[Justice143]

Thank you @dragonfly1967 and @Dx100uk.

 

Just to keep you posted.

I have now had two further threats from DRP saying they have advised their client to take court action.

 

Lets see what happens next.

 

Hopefully nothing.

 

I have no experience with court x

 

Do you need to see these letter? x

Edited April 23, 2018 by dx100uk
spacing

[dx100uk]

doesn't say will anything read it properly

DRP cant recommend a washing powder let alone court action

[Justice143]

Hello guys,

I'm back.

After various scaremongering letters from various different companies representing VCS. (Including one which lowers the price I had to pay) All ignored.

I have now received a claim form which appears to be from court and is dated 31st August 2018.

The address on the form is Money claims online, county courts bulk centre St Catherines street, NN1 2LH.

There is also a N9A and N9B form in the pack

Is this the time to hit them with the fact they sent out the NTK letter out late?

Please can you advise me what to do now? x

PS They refer to me as MR in this letter and I am a Miss!

[dx100uk]

I've taken down your upload you left the password in and the claim number you'll need

don't bother popping them back up

we know what an N1 looks like

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

dx

[Justice143]

I MUST NOT MISS FILING YOUR DEFENCE BY 17th Sept

 

In order for us to help you we require the following information:-

 

Name of the Claimant Vehicle Control Services, 2 Europa Court, Sheffield Business Park, Sheffield, S9 1XE

claimants Solicitors: Doesn't say.

 

Date of issue – 29th August 2018

 

Date to acknowledge - 16th September

 

 

date to submit defence - 28th Sept

 

What is the claim for –

 

1.The claimant issue 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 24/10/2017 at St Marys Gate retail park Sheffield. The CN relates to a (make and model of vehicle and registration)

2.The terms of the CN allowed the defendant 28days 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.

 

3.The claimant seeks the recovery of the CN and interest under the section 69 of the County Courts act 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment.

 

What is the value of the claim? £185.00

 

The claim has been issued by the Private parking Company

 

Thank you x

Edited September 5, 2018 by dx100uk
format

[dx100uk]

please note corrected dates

not sure where you are getting 17th sept from??

 

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 start 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 claimant

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[ericsbrother]

did VCS send you a proper pre action protocol letter before claim? If they wrote about a fortnight before issuing what did they say

[Justice143]

They did on the 29th May.

This is it.

Sorry that I am only replying each day.

Juggling small children and my brother has just been knocked of his push bike and has gone in rehab for brain surgery so this claim coming throughs timing is spot on. The barstewards.

 

[dx100uk]

get that CPR running and get [AOS} done

[ericsbrother]

Zenith are no-one, that isnt a PAP letter so something to use against them. If nothing else it reduces the bill by 25% for not following procedure and will alert the judge to any other mistake they make ( there will be plenty as they like to add ficticious amounts to the £100 charge for no lawful reason hence the £160 claim.. So, even if they win they will only get £75 from a defended claim and it will cost them £85 already. Not a great business model hance the porkies about costs etc

[Justice143]

Ok I have been online and acknowledged the claim and I am am now editing the 31:14 template. Thank you.

 

I'm sorry but I am not the sharpist tool in the draw and I am unsure which paragraphs to leave and which ones to keep.

 

Please help.

 

Dear Sir or Madam,

 

[template removed - dx please read its top line]

[dx100uk]

[template removed - dx please read its top line]

 

just send as it is no need to edit

 

dx

[Justice143]

Ok thank you.

Ive been trying to fathom what you mean by read the top line and now I realise there are two links in one…

Perhaps by read the top line you meant the date change. That was noted thank you for spending the time to work it out.

...Just to confirm then the letter I am sending is the one that I come to when I click on the link above beginning

https: and not the CPR31:14 option in the library that I come to if I click on the bold underlined writing CPR31:14?

Thanks in advance.

eric - Thanks

[dx100uk]

Blue link in post 33 not cpr 31:14 black one

Justice143 said:

Perhaps by read the top line you meant the date change. That was noted thank you for spending the time to work it out.

No its top line

Please dont publish our templates in the public forums......

[Justice143]

I beg your pardon sorry.

I didn't see that page at first!

I have done as instructed now also I just need to file a defence.

Is their some guidance for this please?

[dx100uk]

not due till day 33

 

prob std 2 line defence in most PPC claimform threads here

but DO NOT file early

 

in terms of the court only [AOS] to date must be done

[Justice143]

Ok thank you. Sorry what do you mean by std?

[dx100uk]

Standard

 

You. Need to read around

Use the time wisely

[lookinforinfo]

Std=standard

[Justice143]

Thanks again so far guys. I have been reading around the forum and sticky threads on the hunt for the standard two line defence mentioned above. Particularly the fact they were timed out on keeper liability.

 

This link that you have provided http://www.legislation.gov.uk/ukpga/2012/9/schedule/4d says "Page not found"

 

-I am also of the understanding that I should contact the council to check planning permission for signage

-Check with the DVLA to see who and when got my details and make notes of the dates

Any thing else? I am quite stressed of the prospect of having to defend myself professionally and accurately in court/interview room

 

I was watching a show and parked in the car park i believed to belonged to the theatre. It was dark i looked for pay machines but didn't notice the signs. Do I need to mention this or is the fact they timed out enough? and where can I find the standard defence sentence for this please?

[dx100uk]

use the search cag box of the top red toolbar

 

vcs claimform

[ericsbrother]

just google POFA 2012 and the first hit will be the govt legislation published Act

Read Paras 4,5 8 and 9 carefully.

 

 

A for I was at a theater and I thought the car park was theirs will lose you the case. The whole point of your defence is that they have to PROVE you were driving, tell them this and you ahve given away the biggest advantage you ahve.

[Justice143]

Ok after reading through the POFA and many many threads I actually think I feel worse about this situation.

I really feel like I will crumble attending a court and gathering and presenting the evidence in a witness statement.

Especially since reading this thread

Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN, where the defended has been sent a 48 page document off the claimant since filing his defence!

 

I really did not realise this could turn into something so time-consuming and I half wish I had paid it.

That said I am most grateful for the time you guys have put in.

I think I have found the single line defence you speak of post #17 of this thread.

I really hope they realise they are wrong and drop it otherwise I risk being a stuttering idiot in court.

 

Is this sufficient?

 

1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.

this means there is no cause for action by the claimant against the defendant.

 

 

Do I also need this?

 

2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

 

3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

 

Thank you