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Legggy

VCS PCN claimform - St Marys Gate, Sheffield,

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Hi all,

 

I had a PCN from VCS for overstaying at the St Mary's Gate Retail Park in Sheffield. I had dropped my family off and left within minutes. Came back to pick them up later and VCS are trying to make it out that I stayed there the whole time. The Contravention date was 05/01/19 and the date they issued/posted their NTK was 21/02/19. 

Unfortunately I appealed via myparkingcharge.co.uk with the following ;

 

"13/03/2019

You issued me with a parking charge notice dated 21/02/2019 which I received on 09/03/2019 but I believe it was unfairly / unlawfully / illegally issued. I will not be paying your demand for payment for the following reasons: The alleged contravention did not occur

Quite simply, the alleged contravention never took place as the car was used to drop people off and then later used to pick people up so the vehicle was not parked continuously as alleged.

 The notice to keeper is incorrect
The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012.

 If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. Yours faithfully, "

 

I will attach their responses along with the NTK to Letter before claim.

 

Please advise on my best course of action.

 

 

vcs_St_Marys_Gate_Retail_Sheffield_NtK_to_LetterB4Claim-min.pdf Appeal responses St Marys Gate Sheffield.pdf

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Hi.

 

Could you have a read of the forum sticky and copy and paste the questions together with your answers onto this thread please. It will help the guys to advise you.

 

We have another thread here about the same car park that you might like to have a look for.

 

HB

 

 

 


Illegitimi non carborundum

 

 

 

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They are quite right they didn't mention POFA.

But they did demand that thy needed the name of the driver if you weren't.

 

I expect you revealed when you appealed that you were the driver.

That means that they do not have to rely on POFA.

However there are many cases of double dipping that these low lifes lose in Court.

 

There is one way perhaps to prove where you were by using your phone.

Go to Settings-Privacy-Location Services-System services-Significant locations-then History that shows where you have been..

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In the wording of my appeal above I didn't think I gave myself away as the driver? 

 

Regarding POFA I thought their request was over 14 days hence out of time? 

 

I checked location history in Google maps timeline (don't have an iPhone) and for the date in question it only starts at 1813 but the Entry and alleged exit was 1415 and 1621 respectively. 

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so can you stae where you were in the meanwhile? ie any witnesses, shop receipts etc?

 

It is for VCS to prove that you were there the whole time but despite themsaying they have looked into this they wont produce a shred of evidence of this as that would give away the fact their system is pants and not fit for purpose and also they are greedy.

 

It will be too late to get other CCTV evidence from council etc but lets say you were there for 5-10 minutes each time. You should demand to see all of their data for those times and not just a log of the ANPR but the actual camera footage when it comes to it. they wont be agreeing to this but teh a decent judge will chuck their claim out without considering anything else but you also get a judge lottery so you ahve to do the legwork and get a load of other evidence.

 

You have witnesses, the peopel you dropped off and collected so if you get a court claim you put down the number of witnessess that you wish to drag along and their testimony will undoubtedly stop VCS from wanting to pay for their travel and expenses as well as yours so it will be dropped at the last knockings.

 

Work on this as though you are getting to go to court and you wont go wrong.

 

VCS dont care about the law, just bullying you into paying up so my advice is to stop corresponding with them, gather your evidence and get your friends to make notes of the event and keep all of this safe for if they do fancy trying  their luck. they will ahve to send you a peroper LBA and you can tell themwhere to go at that point.

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Hi and many thanks for the advice. Apologies for the delay in getting back but we had a few bereavements... 
 
I have done the AOS on MCOL today.
The Claim form was received on 07/8/19 issue date 06/08/19. (Details further below).
 
I came home and rested after dropping off my wife and 3 children as I don't like shopping so no witnesses of me being at home. I checked my bank statements and had nothing for this day so no receipts either unfortunately for any pit stops anywhere. 
 
My eldest child is now 13 so as far as witnesses go would it just be my wife as my children are too young? But then I wouldn't want them to have to go to court unless absolutely necessary as we don't need anymore stress. Plus they would be travelling with me so any expenses for travel would not be separate to mine?  
 
"You should demand to see all of their data for those times and not just a log of the ANPR but the actual camera footage when it comes to it" How?  Should I add this to the CPR 31.14 request template? 
 
Judge lottery doesn't sound promising as I am willing to challenge the simple fact that it was a drop off and pickup so unless VCS can't prove I was there the whole time how can I be asked to pay by a judge? 
 
Please advise if should amend the CPR 31.14 request by requesting actual camera footage proving I was parked there the whole time and once I have submitted that I don't know what other defence I could use when it gets to submitting my defence by the 33rd day of 07/09/19 according to my calculations?
 
Again ever grateful for your advise and support going forward.
 
 

Name of the Claimant:

Simon-Renshaw Smith

Vehicle Control Services Limited

2 Europa Court

Sheffield Business Park

Sheffield

S9 1XE

 

Claimants Solicitors:

Can't see this anywhere on claim form

 

Date of issue

06/08/2019

 

Date of issue

06/08/2019

+ 19 days ( 5 day for service + 14 days to acknowledge) = 24/08/2019

+ 14 days to submit defence = 07/09/2019 (33 days in total) 

 

 What is the claim for

The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle, ****** [my registration], was identified in the St Mary's Gate Retail Park on the 05/01/2019 in breach of the advertised terms and conditions; namely parked for longer than maximum period permitted. At all material times the Defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of 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. The Claimant seeks the recovery of the parking charge notice, contractual costs and interest. 

 

What is the value of the claim?

£185 =

£160 (Amount Claimed)

£25 (Court fee)

 

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?

PPC VCS has issued the claim

 

Were you aware the account had been assigned, did you receive a Notice of Assignment?

Sorry, not sure what this means.

 

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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 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]


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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then you have witnesses and they can write statements to be considered with the same weighting as VCS statementa nd overall thattips the balance in your favour as they ahve to prove their case in every aspect and as they rely on just a cople of photos of the car reg they will be hard pushed to prove you were parked there all that time.

Another thing you could ask around for- neighbours CCTV?

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Posted (edited)

Hi, Should I amend the the standard CPR 31.14 request by requesting actual camera footage proving I was parked there the whole time or just send the standard template?  and is the Case no. on the CPR the Claim no. used on MCOL or is it the VCS reference no?

Edited by Legggy

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there is no footage, they just capture the reg number as you enter and leave.

the standard template is fine, they arent going to respiond anyway and that allows you to cast doubt on their credentials, which is the main point of doing this.

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Posted (edited)

Ok will crack on with the CPR, Thanks.

Unfortunately I have 2 cases with them one for St Marys Gate and one for a different car at BErkeley centre. Should I send both CPRs in one envelope or keep it separate? 

Edited by Legggy

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Sep court claims need sep response s throughout

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks, will do.

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