VCS PCN - no stopping - Bristol Airport

[dx100uk]

Please fill out the forum court claim sticky

 

dx

[Hellabubba]

Name of the Claimant ? Vehicle Control Services Limited

 

Date of issue – 17th March 2020

 

Date  to submit defence = 17th April 

 

 

Particulars of Claim

 

What is the claim for –

 

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

 

2.The Defendant’s vehicle, $$$$$$$, was identified in the Bristol Airport on the 10/11/2019 in breach of the advertised terms and conditions; namely stopping in a zone where stopping is prohibited. 

 

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

 

4.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. 

 

5.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 details.

 

6.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 total value of the claim? Amount claimed: £160 / Court Fee £25 / Legal Reps £0 / Total amount £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

 

Did you inform the claimant of your change of address? N/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No

 

When did you enter into the original agreement before or after April 2007 ? After

 

Do you recall how you entered into the agreement...On line /In branch/By post ? None – I stopped at an airport

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not that I know of

 

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. Simon Renshaw-Bawbag-Smith

 

 

[dx100uk]

please note your corrected defence filing date

 

<>>>>>>>>>>>>>>>>>>>>>>>>>

 

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]
 

 

 

 

[Hellabubba]

Hi Dx, 

 

Thx I've now done this now but haven't sent the letter yet.  On the MCOL site I had to tick 'defendant' and I had to sign or it wouldn't submit. Is that a new thing? 

Do I address Simon Renshaw Smith as he's signed the form as defendant instead of Dear Sir/Madam?

Also, in the letter, I've referred to the claimant as Vehicle Control Services Limited - should I refer to claimant as Simon RS instead? So it would be Simon RS vs My name?

 

And...can you tell me what happens next please? 

[dx100uk]

im not sure what you are going on about

simply follow my last post 1000's have without confusion..

 

dx

 

 

 

[honeybee13]

So you've acknowledged the claim on MCOL and now you're sending the CPR 31.14 letter? If so, our template tells you how to set it out, if you click on the link in dx's thread. I wouldn't address it to Mr Renshaw Smith personally, it might give him ideas, but see what the guys think later

 

As for what happens next, you need to have a read around other VCS claim threads on the forum and understand the process for yourself if you're going through with this. There's plenty of reading for you.

 

HB

[Hellabubba]

Ok thanks. Sending today.

 

What I meant was that the MCOL defence acknowledgement thing won’t let you complete the admin without ticking an online signature. I note DX advises “no need to sign” but I had no option. 
 

Anyway, cheers for your help.

[dx100uk]

that is clearly in relevance to the CPR letter .

[ericsbrother]

you are the defendant, VCS is the claimant.

It is that simple

do not deviate from this in your correspondence

[Hellabubba]

Yes, thanks. It’s sent and I have proof of postage but I doubt I’ll hear anything from them. 
 

thanks for all your help everyone 

[ericsbrother]

On 01/04/2020 at 15:21, Hellabubba said:

Ok thanks. Sending today.

 

What I meant was that the MCOL defence acknowledgement thing won’t let you complete the admin without ticking an online signature. I note DX advises “no need to sign” but I had no option. 
 

Anyway, cheers for your help.

 

That is not a wet signature, which is what we gaurd against for reason given elsewhere.

You must start to read a huge amount on parking, small claims procedure etc to get up to speed.

No stopping is different to parking so read up on "performance of contracts" and unlawful penalties in contracts

[Hellabubba]

Totally gutted. I received a Judgment in Default today.  I hadn't realised I had to make the defence after going onlline. I was waiting for them to contact me. Hadn't understood what I needed to do at all. I have to pay £185 now

[honeybee13]

Oh dear.   You didn't follow what dx said in post #30 by the sound of it. We always say not to wait for the parking company to reply to you.

 

The guys should be along later to advise if anything can be done.

 

HB

[Hellabubba]

I thought I’d hear from county court to ask me to submit my defence. I hadnt realised that was the next step on my own behalf. Trouble is I have an active toddler a mother with dementia and a job. I just didn’t have the time to spend looking at it. I just didn’t know what happened next. I dont think there’s anything that can be done tbh.

[FTMDave]

Dx did write

 

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]

 

plus the claimform from the court spells out how to admit to, or defend, the claim.

 

It's a damn pity, as bye-law cases are some of the easiest to defend.

 

Unfortunately the law works in favour of these fleecers, they start court claims knowing full well they aren't owed a penny, in the hope that the motorist will be terrified of court and will cough up, or won't defend and they get a default judgement.  

[Hellabubba]

Yeah unfortunately  I took ‘file my defence’ to mean that I go online and say I’m defending. I thought they’d write to me next. 

I didn’t know what the next step was. 

[brassnecked]

What a shame, looks like you need to pay the judgment cost as a set aside would be difficult.

[dx100uk]

and you didn't read one other pcn claimform thread either...

[Hellabubba]

Yes I did read them. I just didn’t know what happened when. I always have a very limited time to look at these things as I have huge demands on my time and lots of other really stressful things going on. That might be hard to imagine, I don’t know. I simply asked what the next step was.

 

I just needed to know what to do next. It’s hard when you have a million other things going on. It’s a big mistake and a huge regret. Now needing to sell things to pay the money.
 

Might be useful to have a timeline somewhere of each step, to make it really clear what you need to do and when. This might be straightforward or second nature if you’re familiar with the process, but if you’re not, you can very easily drop the ball and that’s what they are counting on at the end of the day. 

Anyway, I’m off to make a wicker effigy of SRS, Happy Beltane! 

[dx100uk]

everything inc timeline was carefully explained in the link that you followed to complete post 28.

 

dx

 

[brassnecked]

As there have been many VCS Airport claims that have been knocked back, can't be long before they cotton on to VCS and Simple's shenanigans, he has lost several, shame you never posted the 3 line  defence, of No Locus, By laws, not relevant land  on MCOL  is a prohibition so cannot be a Parking event  as per the others on here where Simple has had his claim killed. Needs a hex putting on him Simple does, might haver to wait until Samhain though