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VCS Windscreen PCN Claimform - face down Ticket -


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Please can someone help me.

I received a PCN in April 2015, I had paid to park, but unfortunately I hadn’t displayed my ticket correctly, I didn’t realise this until I returned to my car and saw the PCN and that my ticket was face down.

 

I emailed Vehicle  Control Services as soon as I got home explaining that I had paid with a photograph of the ticket, I thought that was the end of it,

 

I got a few letters from different debt collectors, but as the advice at the time was to ignore ! that’s what I did. I think I stopped getting letters about 2017.

 

Then in June this year I received a letter from Northampton County Court re above PCN. Im really upset and distressed, after reading all the advice, I should have sent a more detailed defence when I received  the county court claim in June, but unfortunately I didn't.

 

I only have until October 23rd to file my defence,  for the PCN from April 2015 issued by Vehicle Control Services, 

my court date is 25th March 2020

 

. I have uploaded the Court Letters.VCS-CC claim.pdf

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please complete this:

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have a read of other "flipped ticket" threads here. You'll see that these cases are some of the easiest cases legally - you paid, the PPC made no loss, no judge would ever find in their favour.

 

It doesn't stop the conmen trying to, er, con people who don't know the law though.

 

So this should be a simple, easy case to win, as long as you respect the legal process. 

 

Can you tell us, step by step, what you have done please?  On the one hand you say you have till 23/10 to file a defence, but you also say "I should have sent a more detailed defence".  Filling in DX's sticky above in detail would be a huge help.

We could do with some help from you.

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we need to know absolutely everything there is to know about this,

place, time, what the supposed breach was,

what paperwork you received and when,

what have you had since and

also can you get to the place and take some photographs of the signage and payement meter.

 

it may well be different to when you parked but that itself is useful as VCS might try and use images that were not contemporary to the suppoed breach

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please complete the link in post 2

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just relax.

This ticket is easily defended.

 

You paid to park so you owe them nothing. In any event they only wrote you up for parking there for 7 minutes though of course they might have already caught you on camera. 

 

Yes you must send off the CPR request as that will help your defence no end as well as seeing the PCNs that they sent you two years ago.

 

You are though running out of time so will need to answer the questions on post 2.

 

I know having two Court cases on the go at the same time is a bit traumatic but I have no doubt if you follow the instructions you get here, you won't have to pay either ofthem any money.

 

But you do need to help yourself. 

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

 

Name of the Claimant ? VCS

claimants Solicitors: ?

 

Date of issue – 19th June 2019  

 

I have received the N157 - Notice of allocation to the small claims Track (hearing) 29th September 2019

 

What is the claim for – 

 

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

 

2.The Defendant's vehicle, xxxxxx was identified in the Delamere Street on the 11/04/2015 in breach of the advertised terms and conditions; namely parked without clearly displaying a valid ticket or permit.

 

3.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.

 

Amount claimed £160.00

Court Fee             £  25.00

Legal Rep Cost   £   0.00

Total                     £185.00

 

I'll upload some correspondence.

 

Thank you in advance for any help you can give me.

Jo

 

VCS-Appeal Rejected.pdf VCS-Letter Before Claim.pdf

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In this instance the charge of even £100 is a penalty and therefore unenforceable .You paid the fee so at best, the " offence" you allegedly committed was of secondary magnitude. look up the Court on parking eye v beavis. Then read what the judges said about the criteria of when a clause was a penalty or not.  

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get this sent TODAY

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, 

Just got home to a letter from VCS, 

 

Dear Sir/Madam,

 

RE: (claim number) Vehicle Control Services v my name

 

We write regarding the above claim.

 

This matter has now proceeded to the small claims track the directions have been set by the district judge.

 

We are confident that we have a strong case against you and we are entitled to recover the outstanding parking charge notice and any additional costs, as set out in the particulars of claim. However, we are mindful that under the civil procedure rules litigants are expected to try and resolve their disputes wherever possible.

 

Therefore, we are willing to accept a reduced settlement charge of £125.00 payable within 14 days from the date of this letter. This offer is made on a without prejudice basis. Should you fail to accept our offer of settlement then we will continue with our claim for the full amount claimed and bring this letter to the courts attention upon the question of costs. To make payment, please transfer £125.00 to the following bank details using the reference 

 

We look forward to hearing from you.

 

Where do I go from here?

Should I still send them the CPR 31.14  letter?  

Thank you in advance.

Jo

 

 

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nowhere its a begging letter.

oh well another day wasted then.....that's the whole week you've dithered about not sending CPR

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi & Good morning, 

 

I sent the CPR letter, I sent my witness statement to VCR & Manchester County Court, I haven’t received anything back from VCS nothing not even the information that I have requested, is this good or bad news? I was of the understanding that they had to provide me with the information that I have requested and a copy of their witness statement? 

J

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Are you confusing defence and witness statement?  In your first post you mention having to file a defence by 23 October.

We could do with some help from you.

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Refr back to your N157 Notice of Allocation...it will inform you of what could happen if a party fails to comply with the courts directions.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • dx100uk changed the title to VCS Windscreen PCN Claimform - face down Ticket -

witness statement was due to the court and VCS by the 23rd

did you get one done and sent?

 

if not you've better get it done pretty quick.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi 

 

Yes I got them both sent off on the 21st October, sent recorded delivery, I have proof of delivery and signatures.

 

So failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs?

 

I know I sound like an airhead, but I feel like I'm doing it all wrong, and I've given them all them all they need to know, its left me wide open to get made a fool of.🙄

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more like struck out..

 

so you've had no WS off the claimant?

 

I notice at the start you were using email.

have they not sneaked it in and its sitting in a spam folder?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On 01/11/2019 at 14:46, joa1 said:

Hello,

 

Thank you for replies.

I will  upload the CPR letter I sent on 10th October to VCS.

I will also upload my witness statement, sent 21/10/19

 

Thank you in advance for any advice you can give me.

VCS-CPR Request.pdf 46.08 kB · 1 download VCS-Witness Statement.pdf 59.73 kB · 3 downloads

Hi all,

 

Does anyone have any advice re the above.?

 

Please? 

 

Thank you you in advance.

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What about planning pern?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And about "de minimis"?

 

If you had posted up your draft WS, people here would have been pleased to advise how to retweak.  Two excellent arguments could have been included.

 

However, on a positive note you say Simple Simon hasn't sent his WS.  He may well have weed himself (after all you've already thrashed him in one case) and thought it best to cut his losses against this joa1 demon who always humiliates him & his companies.  Let's see.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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