VCS ANPR PCN claimform - Berkeley Centre Sheffield, S11 8PN

[AndyOrch]

Court claim to defend...you appeal a judgment if you lose.

[dx100uk]

please complete this:

 

 

dx

[sh3ffield]

Thanks both - so which is the correct set of questions. The more recent general thread (Andyorch) or the older parking specific one (dx100uk - originated by Andyorch?

 

[dx100uk]

the one specific to speculative invoivces

[sh3ffield]

Thanks - here goes:

 

Name of the Claimant ?

Vehicle Control Services Limited

2 Europa Court

Sheffield Business Park

Sheffield

S9 1XE

 

Date of issue – 19 July 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The defendants vehicle (reg) was identified in the Berkeley Centre Pay & display on the 13/03/2019 in breach of the advertised terms and conditions; namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site.

 

3.At all material times the Defendant was the registered keeper and/or driver.

 

4.The terms and conditions upon entering private land was the acceptance of the offer hereby entering into a contract by conduct.

The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability. 

 

5.the claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the total value of the claim?: £185

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? speculative invoice

 

 

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor although VCS is pursuing the claim whilst the car park is run by Excel Parking

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

 

[dx100uk]

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 solicitors [if one is not listed send to the claimant]

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 [1 in the count]
 

[sh3ffield]

Thanks dx100uk

 

Assuming that I don't receive a reply help with filing a defence will be most welcome.

 

Thanks again

[dx100uk]

that's called self help.

not due till day 33

1000's of PCN claimform threads gere with our 2 or 3 line defence

 

dx

 

[sh3ffield]

Thanks for the advice so far. I've defended the issue on line and now have received 'notice of proposed allocation to the small claims track'

 

I'll return this and hope that VCS doesn't pursue the case. As a worse case scenario and assuming that I am taken to court and lose, I'm currently liable for £185 and presumably the cost of VCS taking me to court - c. £65? Total: £245.

 

Is this correct?

 

In retrospect the hassle and time taken fighting this, I can see why people pay the £60

One last question - is it worth going through mediation?

[dx100uk]

3 copies of the blank n180...

as long as the one sent to you is from the court.?? not vcs's copy?

 

whilst reading those threads earlier [and what defence did you file please??]

you'll see its no to mediation.

 

don't give the fleecers your email/phone/sig on your copy to them [vcs] but do so on the court one

[sh3ffield]

Thanks, I send one copy of n180 to the courts, one to Simon and keep one?

 

Defence was on the lines of:

 

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a. The car park signs are owned by Excel parking. Under CPR 31.14 I have requested evidence of the claimants contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.

 

3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was not contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all."

 

 

[dx100uk]

[sh3ffield]

Ha ha - I take that as a positive sign

[sh3ffield]

This is all still dragging on

 

I've received a mediation email today, which I'm going to ignore.

The odd thing is that the email states that all parties have agreed to mediation

- I have not agreed to this at all.

Any idea why this is?

 

Interestingly this is the first reference to excel who are responsible for the car park.

Everything previous to this has been from VCS, I assume Simon has finally realised his error but has still yet to provide me with any information that I have requested or a copy of his N180.

 

 

[ericsbrother]

simplest to just email back and say you didnt agree and wont be partaking of their services

[sh3ffield]

thanks - will do

[sh3ffield]

This is still dragging on.

 

Last month I received a letter from the courts setting a date in January, but that they had still not received information from VCS who had until mid December to comply.

 

This weekend I received a letter from VCS offering a reduction in fine to £125 rather than £185 and pointing out that the court would look favourably on their gesture as per the Civil Procedure Rules.

 

I have still not received any evidence requested from VCS and suspect that this is a final bluff before the court case is dropped.

 

I won't be paying the reduced sum but should I respond to or ignore the letter?

 

Thanks

[dx100uk]

you ignore the letter

 

where does it say FINE please?

 

dx

 

[sh3ffield]

Thanks and sorry - my use of the word fine.

The letter says 'willing to accept a reduced settlement charge'

[dx100uk]

well get your head around these speculative invoice and court claims

you've been here since april and have or should be reading up

 

making a very basic mistake like calling it a fine, shows things aren't sinking in

and if this ever gets to the witness statement stage and or you being infront of a judge

silly mistakes like this can be fatal to the way you conduct your case

 

 

[sh3ffield]

I think I would have been better paying the initial £60 'charge'. A lot of hassle, a lot of worry, a lot of time and a lot of recorded delivery letters. Would have been galling but for peace of mind I know what I'd do next time

 

 

[Gick]

Which is exactly how these **** work, badgering and harrassing so that people pay up to avoid the hassle.

[dx100uk]

not sure where anyone advised wasting money on recorded delivery?

2nd class stamp with free proof of posting is all that was needed

in law you only have to prove a letter was sent.

 

[sh3ffield]

2 hours ago, dx100uk said:

not sure where anyone advised wasting money on recorded delivery?

2nd class stamp with free proof of posting is all that was needed

in law you only have to prove a letter was sent.

 

 

Seems a very logical approach to me - to make sure that my case is as good as it can be in court I can demonstrate that not only that I sent all relative documents to the claimant, but that they also received them. Not quite a fatal mistake but its best to cover all corners. They on the other hand have sent me nothing.

 

To be fair, with or without recorded delivery, I haven't included the cost of half a day's leave to attend court in my calculations, which along with the above headaches would definitely make initial payment of the 'charge' the best option in this case, and would now be my advise to anyone else in this situation. Here's hoping that it doesn't get to that stage.

[dx100uk]

as a LiP You are entitled to £90 if you have to take time off from work