Jump to content


FiatPanda

VCS windscreen PCN PAPLOC Now Claimform - Canley Railway Station, Coventry.CV5 6BH

Recommended Posts

as for land ownership,

ask the council as it will usually be them in partnership with some other organisation who do the development work.

You can bet that the council havent signed off the parking management scheme but wont need to BUT if there is a known problem you can embarrass themj into telling their partners to chuck the cowboys out.

 

Publicity is your weapon here if it is a known issue.

 

Let us know if it has hit the local papers or facebook groups

 

give us the exact location and we can have a look at the goggleyes satellite images ro throw a bit of light on the land

Share this post


Link to post
Share on other sites

HI Sorry to say I'm back again with this one that I hoped might have gone away. It seems not. 

 

I have today received a claim form which I've attached.

Also I have attached the terms and conditions from the car park and the Claim Particulars.  A

 

ny advice on what to do please?

I have not corresponded with VCS in any way.

There is no evidence that I was the driver that I am aware of.

There are no photos on their website other than of my car.  
Thank you.

 

 

 

Share this post


Link to post
Share on other sites

uploads removed 

we don't need them..

 

please complete this:

 

 


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 

 

Share this post


Link to post
Share on other sites

Thank you for the link. I will take a look and do the necessary.

 

Share this post


Link to post
Share on other sites

see post 1

 

dx

 


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 

 

Share this post


Link to post
Share on other sites

I hope this answers all the questions on your link. I understand I must now acknowledge the claim online?

 

Name of the Claimant

Vehicle Control Services Ltd

2 Europa Court, Sheffield Business Park, Sheffield. S9 1XE

claimants Solicitors:

Not provided.

 

Date of issue – 14th October

 

Date to acknowledge) = 2nd November

 

date to submit defence = 15th November 

 

 

What is the claim for

Particulars of claim.

 

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

 

The defendant’s vehicle XXXXXXX was identified in this Centro Canley Business Park on the 20/05/ 2019 in breach of the advertised terms and conditions; namely parked beyond the bay markings.

 

At all material times the defendant was the registered keeper / 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  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?  £185.00 (Court fee £25, Amount claimed £160)

 

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 ? By the Claimant: Vehicle Control Services

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I am not aware of a Notice of Assignment. I have not received one.

 

I have just read the what to do section. I see I have to enter a plea.

 

Can I say, although I am the keeper, I wasn't the driver -as I was with a neighbour being dropped off at the train station.

 

There were no spaces so I parked in a small area quite safely, not blocking anything and next to a parking bay.

 

In addition we were only staying for the time it took to get my cases to the station, less than 10 minutes, I did not accept their terms and conditions which didn't come into force until after a 10 minute stay? 

 

It all looks so complicated from now I feel defeated but £185 is a lot to pay when I could have got away with just £60 at the time. Is it worth continuing? 

Share this post


Link to post
Share on other sites

woe slowdown

YOU DONT DO ANYTHING FROM NOW ON WITHOUT CHECKING WITH US first.

 

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]

 

 

………………….

 

NOW 

did we ever confirm this IS railway land [ref byelaws]

 


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 

 

Share this post


Link to post
Share on other sites

Thanks for the reassurance dx. I will come back to it fresh in the morning and just go step by step as you suggest....

 

 

Share this post


Link to post
Share on other sites

did you do any of the research suggested last month?.

 

We will need pictures of the site and the signage there and also an indication of exactly where your vehicle was at the time.

 

Now your outline defence will be simpler than you may think,

ie there was no breach of contract and

then you can say that in any case there is no keeper liability in this matter

so it is put to strict proof as to who was the driver at the time.

 

Seeing the origianl NTK and the signs/pictures of site will help us with the detail that will be needed later.

 

As you know the amount that they are after you must think to yourself that anything you do will reduce this and you may well get your costs as well so it is all worth fighting for.

Share this post


Link to post
Share on other sites

HI dx I have registered the claim as you suggested.

I have written the letter and that is ready to send- I presume I send it without delay?

 

All the original photos showed the terms, the car park  and where I was parked. I thought I had loaded them as pdfs but they seem to have gone missing. The NTK and Windscreen notices are still there in previous posts. I can add a plan of the car park layouts I think that might help.

I didnt find out if it was Railway land as I wasn't sure how to do that. I remember looking and feeling I was up against a brick wall. Is there e a reminder anywhere of how to do it please? 

I will head up to the car park later today and get clearer ones of the terms and conditions- I think someone commented they weren't very clear so I can try again.

 

I can reload all the photos if that will help?

Please advise on next steps.

Thank you

 


 

Share this post


Link to post
Share on other sites

ask the council planning or business rates department, they will knwo who owns what

Share this post


Link to post
Share on other sites

cpr 31:14 get it sent.

 


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 

 

Share this post


Link to post
Share on other sites

I have visited the Station and have discovered the land is owned by Transport for West Midlands.

 

Does this make my case easier or harder - or just different?

 

I have also uploaded all my photos to make it easier for anyone to take a look.

 

It includes a picture of the space where my car was parked.

 

Car park pictures.pdf

Share this post


Link to post
Share on other sites

same as TfL then or any rail company

even VCS themselves admit there are over arching byelaws in play here if you'd researched this earlier

 

Any vehicle which is found to be parked in contravention of the car park terms and conditions will be issued with a Parking Charge Notice in accordance with the advertised parking policy and may be subject to further action pursuant to Railway Byelaw 14 made under S.219 of the Transport Act 2000 (which shall include any amendment or re-enactment thereof). 


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 

 

Share this post


Link to post
Share on other sites

I am happy to do some research but I'm not sure where I should be looking or if Im honest, what for?

I really appreciate your time and help

However I did a brief search of legal stuff  re Byelaw 14  which seems to suggest only the Landowners can bring a case to court. Is this correct and if so what does it mean to my case please?

 

 

 

Share this post


Link to post
Share on other sites

railway or airport byelaws are enforced by the railway company not VCS.

 

if they issued any parking tickets, it would be a penalty charge notice, a fine, it would be enforced thru a magistrates court and any 'fine' would go to the state not the company nor VCS.

 

as VCS are the claimants, this is a speculative invoice because you broke some imaginary contract not with the land owner but with a a supposed contract they signed with VCS, under contract law so its the county court via the MCOL small claims route...in otherwords a claim for a county court judgement.

 

now, and in any case

you will only be filing the std 2-4 line basic defence anyway to see if simon is stupid enough to carry this through.

 

the finer detail is for the disclosure stage [witness statements] IF IF IF it ever gets that far and simon Renshaw-smith runs away 1st to save court costs again him.

 

lots of byelaw airport or railway claimform topics here already.

look up locus standi

 

 


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 

 

Share this post


Link to post
Share on other sites

Thanks dx. So I gather I send the CPR form and see what happens- then if necessary go to the next step following your advice?

Share this post


Link to post
Share on other sites

no 

read the bottom of my post where asks you to put up the details of the claim and about the cpr 31:14.

you MUST respond by day 33

 


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 

 

Share this post


Link to post
Share on other sites

so now you see that VCS are claiming that their contract comes first and the byelaw second. WRONG.

 

This wil be the point you will make as part of your defence, as the land is railway land it isnt "relevant land" as far as the POFA goes so they dont have reasonable cause to access and process your personal  details.

 

They will claim they are contracted by the railway co to manage the parking but if this is so then that management wont allow them to create contracts with the public in their own name as they cant.

 

they might be able to sign up some random landowner to agree this but in this case the landowner and VCA are tied by the law.

This means that of you dont pay VCS the railway co will have to prosecute you and then neither they nor VCS will get any money as it goes to the Govt.

 

that is why VCS are trying it on and hoping that you dont know the difference.

they are not ignorant of the law,

they are arrogant and greedy and actually hold the law in contempt.

 

Look for Simon Renshaw-Smiths quotes on byelaws and judges determinations

Share this post


Link to post
Share on other sites

Thank you Ericsbrother for that detailed reply. 
I have this morning posted my CPR letter and I have registered my claim so for now will have to wait and see what the next move is.

I am a bit concerned as I will be out of the country for 5 weeks until December so I just have to hope that I dont miss any deadlines I'm notified of by post. Does any one have any idea how long their next move is likely to be?

Thanks once again to those of you taking the time to help me out with this one.

 

Share this post


Link to post
Share on other sites

you don't seem to be understanding...….

you MUST file a defence regardless to/if any returns come by day 33

read post 33 carefully


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 

 

Share this post


Link to post
Share on other sites

Sorry I missed that bit- re my defence.

Im probably driving you crazy with things that are obvious to you

- but what defence do I supply? 


(This is what happened but I dont know if this is my defence. 

Although I am the keeper, I wasn't the driver- I was with a neighbour being dropped off at the train station.

 

There were no spaces so I parked in a small area quite safely, not blocking anything and next to a parking bay. 

In addition we were only planning staying for the time it took to get my cases to the station, less than 10 minutes, I did not accept their  terms and conditions which didn't come into force until after a 10 minute stay? )

 

Do I have to get any more technical than this at this stage?

Is this the 'right' thing to say or am I admitting too much.

Please help me with what I need to write in my defence.

Thank you.

Share this post


Link to post
Share on other sites

part of cag is self help..

 

you MUST READ OTHER PCN CLAIMFORM THREADS HERE.

 

to know WHAT and WHY you have got to do something and WHEN

 

to familiarise yourself with the TIMELINE of the different STAGES of the claim 

 

so you know WHAT TO DO whrn it becomes time to do it.

 

1000's of PCM claimform threads here

use our search top right of the red banner

 

dx

 


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 

 

Share this post


Link to post
Share on other sites

you must also pay attention very carefully to what they are claiming and what advice you are given.

 

For example you stated that you have registered your claim

- no you havent, you have created an account on moneyclaim,

the govt portal for the courts service and hopefully you have elected to defend in full.

 

If that is so then you have another fortnight to submit an outline defence. Now the good news for you is that the big clear signs arent a contract but an invitation to treat and that means you can take or leave any other terms offered by the signage they refer to.

 

The classic invitation to treat sign is one you see in many shops saying somehting like "50% off most items" so you go in, have a look around

then enquire about the price of say, a pair of trousers.

 

When told that they are not in the sale you can't sue the shopkeeper for not reduseing them as the 50% off signs is an invitation to treat,

an invite to come in, look around and to make enquiries.

 

Likewise he cant force you to buy the trousers at any price just becuse you entered the shop and asked about them.

 

Now the big sign invites you onto the land to consider the offer made by the small signs. You dont have to accept the terms if you dont like them and VCS cant force you to leave because it isnt their land

 

also if you look at their cartoons on the signs there is no breach of the conditions displayed because there is no term that says dont park on bits that are not DYL (term) and you didnt park across 2 bays/lines ( term) so you cant break a termthat doesnt exist.

 

So your outline defence is the claimant has no locus standi to bring a claim in the first place and in any case there was no breach of contract.

 

The detail is all for later, let them waste their tiem and money preparing the claim before you show your hand.

 

If you put a full book in for your defence now they will just change their claim to match the defence. That might cost them another £25 but they will have gambled more than that so far so it is a numbers game for them

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...