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VCS Windscreen PCN Claim form - Topps Tiles, Ings road Customer Cark park, Wakefield WF1 1RN

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Hi

 

I hope you are all well.

 

I have recently received a county court claim from VCS.

 

It was for parking on the premises shared by a few different businesses.

I went to the gym that evening and had to park a bit further out, not realising that there were boundaries set for the different businesses on the premises.

 

The signage looks exactly the same unless scrutinised up close.

I cam out out of the gym and found a ticket stuck to my window.

 

I queried it with the staff at the gym a few days later and they said there was nothing that they could do.

 

Lots of their members had received these fines.

 

Their advice was to write them a letter or ignore it.

Needless to say, I never parked there again but that didnt help the fact that I already received a CN from them.

 

I have completed the details below and also logged onto MCOL and did the AOS

 

Please advise what next step should be.

I have also received a letter from VCS so looks like they are going it alone, without a solicitor.

 

Thanks

 

WS

 

Name of the Claimant ? Vehicle Control Services

claimants Solicitors: No Solicitor listed on claim form

Date of issue –08 May 2018

 

What is the claim for –

 

1.The claim against the defendant is for breach of contract in respect to breaching the terms and conditions set on Private land. The Defendant was issued with a charge notice (CN) and has failed to settle their outstanding liabilities.

 

2.At all material times the defendant was the registered keeper and/or driver of the vehicle identified in the provided particulars of claim.

 

3.It is alleged that the defendant breached the terms and conditions of entering private land as detailed in the particulars of claim (to follow).

 

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

 

I will provide the defendant with separate detailed particulars within 14 days.

 

What is the value of the claim? £185

 

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 ? Claim has been issues by PCN (Parking Company)

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

I also found the below CPR 31.14 to send to VCS.. I will get that in the post tomorrow unless you need more information from me..

 

Do I need to send a copy to the court as well and do you recommend recorded delivery of the CPR 31.14?

 

Thanks

 

__________________________________

 

 

To VCS

 

[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 formicon in this case issued by you out of the (Name) county courticon.

.

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

Edited by dx100uk
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please complete this too:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

cpr goes to the solicitors if none then VCS

you don't need recorded just free proof of posting


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give us the full story ncluding all of the dates that the various tickets and correspondence were sent/arrived Dates are critical.

 

You may find that they dotn manage the bit you parked on within a shared car park or they signed up to the wrong person so we need to know exatly where the event took place and that includes a decent address and where abouts on the land your vehicle was so we can see if they even have the right place as their claim form doesnt actually mention the place. that is somehtng you can pick holes in when it comes to defending the claim, the law says they ahve to identify the land.

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Hi DX

 

Please see below

 

Thanks

 

1 The date of infringement? July 13 2017

 

2 Have you yet appealed to the parking company yet? N

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] I think I received this some time ago.. last year.

what date is on it. I did receive this but it was last year sometime and not sure when it was as I didn't think they would take it this far.

Did the NTK provide photographic evidence? The orignal notice on the windscreen had a link to go online and view where the car was parked as they took a picture

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] I dont recall as it was long ago

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Vehicle control services

 

6. where exactly [Carpark name and town] did you park? Topps Tiles, Ings road Customer Cark park, Wakefield WF1 1RN

My Gym is on the same development. Just a bit further down. I parked as near to the gym building as possible but didnt realise at the time that parking was segmented for the different businesses.

 

I later found out after from gym staff that the property is owned by the same person and has fined many of the people that attend the gym who encroach onto Topps tiles parking area.

 

Hi Ericsbrother

 

I'll see if any of the papers I received previously are still lying around but I think I have thrown them out as didnt think they would charge it to court.

 

I have received a "Particulars of claim" from them also dated 8 May.

 

 

It elaborates a bit more about the company in question but not provide much more info than what was on the N1 other than date and location of occurrence, my Reg number and breakdown of charges.

 

I'm happy to type it out if you want it verbatim

 

Thanks

WS

Edited by dx100uk
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yes please

 

one note IT IS NOT A FINE.

never use that word in relation to a court claim from these people


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Thanks Dx and no probs..

I'll stop using that word.

I'll get the details typed up ASAP.

 

Thanks again..

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have you acknowledged the claim yet?

If not set up an account at moneyclaimonlibe and defend all.

 

You then have another 12 days to submit a skeleton defence but you are on your last day to acknowledge so you will have to do it online.

 

It is easy though, as s aid just defend all and that is about that for the moment.

 

Delay a day and you may well lose by default.

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post 1

I have completed the details below and also logged onto MCOL and did the AOS

 

dx


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Hi All..

 

Please find the Particulars of Claims sent to me in the post by VCS Litigation department:

 

The claimant is a national car park operator that provides car park management on behalf of its clients as a number of car parks across Britain. This includes monitoring compliance with the Terms and Conditions of the car parking outlined within the signage present on each site and issuing charges to motorists who breach these terms and conditions.

 

The claimant manages a parking scheme and regularly inspects the development in accordance with their appointment. The claimants’ role is to erect signs within the development explaining the terms and conditions associated with parking in order to regulate parking. Any vehicles identified in breach of the terms and conditions issued with a charge notice.

 

The Defendant has been issued with a charge notice relating to a (Make, model of car) bearing the registration number(s) XXX XXX, for failure to adhere to the advertised Terms and conditions at a development(S) known as Topps Tiles, Ings Road Customer Car Park. Wakefield WF1 1RN [‘The Development’] on 13 July 2017.

 

The offer advertised by way of the Terms and conditions was accepted by conduct. As reiterated a Charge notice was issued by the claimant which allowed the defendant the opportunity to either pay, appeal or transfer liability.

 

The claimant issued this claim against the defendant for payment of unpaid charges, in the sum of £160, arising from the above vehicle as to which the Defendant is responsible for either as the driver and/or the registered keeper of the vehicle on the material date and time. For the avoidance of doubt, the sum claimed included the £100 charge notice plus debt collection charge of £60.

 

The cause of action is a breach of contract for failing to adhere to the Terms and Conditions of entering private land. The terms and Conditions are displayed in prominent locations around the development and ought to have been known by any motorists or to an objective observer who would consider that someone has had the opportunity to have read the prominent terms but have chosen to not read them.

 

The claimant is also entitled to claim statutory interest at the rate of 8% pursuant to s69 of the County Courts Act 1984 and Fixed costs pursuant to CPR 27.14. Ths includes thefixed costs payable under Part 45, namely the appropriate court fee or fees paid by the claimant.

 

Despite demand having been made, the Defendant has failed to settle the outstanding liability. The claimant had no alternative other than to bring action against the Defendant and seek final determination by bringing legal proceedings against the Defendant.

 

Statement of Truth

The claimant believes the facts in these particulars of claim are true

Date May 8 2018

Sign……………………………………………

 

 

Thanks

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Hi. You really need to give us the details requested and photos of the signs they refer to. Then the guys can pick apart the claim.

 

HB


Illegitimi non carborundum

 

 

 

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Hi Honeybee

 

What details re you referring to?

I can take a picture of the signage but Thats not been requested previously

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Apologies, I misread something. Given that they're going on about signs, we need to see them, especially if signs contradict each other.

 

HB


Illegitimi non carborundum

 

 

 

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No Probs HB .. I'll try an get down there ASAP but may take me a few days as Im away at work at the moment

 

Thanks

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Hi All

 

Please see attached images of the location in question.

It will soon be time to put in a defence but still a little bit of time before then

To my recollection, I parked the car on the right side of the silver car in the first image. Its been quite a while and I dont recall much about that evening.

 

Thanks

WS

pixs.pdf

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thank you

thread tidied


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so, no clear definition of where on bit stops and another starts as far as the 2 different contracts go.

Now I like the topps tiles one best. Customer parking only between 7.00 and 18.00. After that it is free for all because that applies 24 hours a day. Im sure they wanted to say no parking ay other time but they didnt, they have made it unrestricted so you cant possible breach those terms unless you are not a topps tiles customer and park ther at say lunchtime. Even then the signage becomes prohibitive in nature and not an offer to park for non customers so still not an offer of a contract.

 

 

so defence is restrictions only apply during certain hours so no breach of contract as parking event was outside the restricted times. In any case, signage is prohibitive in nature so not a genuine offer of a contract to park even during the specified times. Not a genuine offer of terms, signage designed to deter so unlawful penalty rather than contractual sum.

 

 

keep the confusing pink signage and te lack of delination of ther parking areas for your WS if it is needed.

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Thanks ericsbrother

 

Can you or someone please assist in putting together a defence so I can get it submitted ASAP as the deadline is very close?

 

Can I use the below as my defence and if so, do I need to reference the fact that I sent them a CPR 31.14 and had no reply?

 

The Defendant denies the allegations in the particulars of claim.

The Claimant does not have the authority to enter into contracts

so there has been no breach of contract by the defendant and

The Claimant has not offered a contract so there cannot be a

breach of contract claim for the defendant to consider.

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About right but dont file that on mcol yet..

Not due till day 33


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Thanks DX, by my calculation, my last day to file is 8th june, as the claim form was dated 08 May. Is that correct please?

Also, should i reference CPR 31.14 in my defence?

 

Thanks again

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You may want to say in your defence that yo do not belive that they have the authority to enter into contracts or take civil action in their own name and nor do yu belive that they have the necessary planning permissions for their cameras and signage as they have failed to show these authoritiers by way of a CPR 31.14 request for information.

Just saying they havent complied wont get you anywhere. With the former they are likey to be ordered to provide the court with said proof.

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Thanks Ericsbrother.

 

I have added it. Please see the amendments below

 

---------------------------------

 

The Defendant denies the allegations in the Particulars of Claim.

The Claimant does not have the authority to enter into contracts

or take civil action in their own name and nor do I believe that the claimant has the necessary planning permissions for their cameras and signage, as claimant has failed to show these authorities by way of a CPR 31.14 request for information. There has been no breach of contract by the defendant and the Claimant has not offered a contract so there cannot be a breach of contract claim for the defendant to consider.

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Yep 8/6


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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so you have absolute proof of your statements? That is why i put the "defendant does not believe".

 

written in lots of other threads.

 

You may well have made that part of your defence redundant when it could have won you the case without having to discuss any other point.

 

Read things carefully from now on

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Thanks Ericsbrother.. So is it ok the way it has now been drafted?

 

Thanks in advance

Edited by dx100uk
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no it isnt, you say you beileve that they dont have authority ect otherwise you will be asked for proof and when you cant show it you will look stupid rather then then getting an ear bashing and claim struck out for not providing the evidence

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