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2010 (Nov) VCS ticket, now I have Court Claim - won

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  • 2010 (Nov) VCS ticket, now I have Court Claim - won

    Hello everyone,
    Back in November 2010 I parked my car, put the money into the machine and pressed for my ticket. What I didn't realise was the machine needed my reg number so the ticket didn't have mine on it. As soon as I realised my mistake I phoned the number on the board by the machine and spoke to someone who I presumed was taking my details. Their advice was to use the ticket normally as they had the details. As I was walking out of the car park I saw an attendant and again told him my situation and identified my car, he advised that I keep my ticket for future reference. On the 21st Dec 2010 I received a Parking Charge Notice (VCS). I initially emailed them and explained my situation. In early Jan 2011 I got a letter dated 05/01/2011 rejecting my appeal. After that and following advice from another site I ignored all other communication and I thought that was that.
    13th July this year I received two letters in the same envelope, one from VCS saying my account has been passed on to their legal team and the other from BW Legal wanting £144, £90 PCN charge and £54 initial legal costs. I ignored that. Next letter dated 11/08, headed Final Notice. In it they emphasis the impact and liabilities if I were to receive a CCJ, give me until 28th/08 to pay and bring to my attention Parking Eye v Beavis. I responded with a short rebuttal and pointed out that £54 legal charges can't be recovered in the Small Claims Court. I then received another letter dated 17th/08 headed Letter of Claim. This urges me to pay the the £144 and gives an estimated figure of £260.86 if County Court Proceeding are issued. I again replied with a short rebuttal and referred them to my first letter.
    I now have received a Claim Form from the County Court Business Centre. My defence is likely to be along these lines unless someone can advise/correct/suggest otherwise,
    i) I paid for a ticket so there's no loss to VCS, ii) The fact that I telephoned them straight away and spoke to their representative who told me to display the ticket I had and didn't warn me there would be an extra charge, iii) I also spoke to their attendant as I was walking out of the car park and told him the situation and identified my car to him, he didn't warn me their would be an extra charge, iv) VCS's and BW Legals' lackadaisical interpretation of protocols and legal obligations right from the start of the fiasco. VCS sent me a list of registration numbers and payments for a completely different day (21st November) as their evidence that my car didn't have a valid ticket, v) Can VCS and/or BW Legal provide clear evidence that they have legal ownership of the land used as a car park as only the land owner can pursue for legal redress, vi) BW Legal are contravening the Code of Practice and Regulations of the Solicitors Regulatory Authority by claiming £54 initial legal fees which can not be claimed. I pointed this out to them but they still include it in their claim. This is tantamount to fraud.


    I still have my Ticket and Phone bill with their number and time I called.


    I'm also inclined to counter claim for £100 in respect of time spent challenging this issue, anxiety caused by VCS and BW Legal and the blatant misleading, presumptous letters from BW Legal with regard to potential outcomes if I chose to go to court.
    Thanks in anticipation,
    Last edited by Corby; 25th September 2016, 17:22:PM. Reason: forgot to say thank you.
    Tags: None

  • #2
    Re: 2010 (Nov) VCS ticket, now I have Court Claim

    It's good you have that evidence.

    Can you scan the claim form etc (sanitised) ?

    M1

    Comment


    • #3
      Re: 2010 (Nov) VCS ticket, now I have Court Claim

      Hi mystery1, thank you for your response. Here's the Claim Form, do you need the original PCN or anything else?

      Click image for larger version

Name:	Claim Form Legalbegeal 001.jpg
Views:	1
Size:	87.8 KB
ID:	1172123

      Comment


      • #4
        Re: 2010 (Nov) VCS ticket, now I have Court Claim

        Dear BW Legal,


        I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Vehicle Control Services limited.


        I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.

        There is no mention of the capacity of myself driver/keeper/registered keeper. There is no mention of how any offer was communicated or the terms (including the term breached). The claim lacks a cause of action.


        CPR 16




        Contents of the claim form
        16.2
        (1) The claim form must –
        (a) contain a concise statement of the nature of the claim




        Contents of the particulars of claim
        16.4
        (1) Particulars of claim must include –
        (a) a concise statement of the facts on which the claimant relies;




        Practice direction 16




        Other matters to be included in particulars of claim




        7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.






        Further the particulars of claim are signed BW Lgal services limited which is a clear violation of cpr.


        CPR 22


        Documents to be verified by a statement of truth
        22.1
        (1) The following documents must be verified by a statement of truth –
        (a) a statement of case






        Practice direction 22


        Who may sign the statement of truth
        3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by


        (2) the legal representative of the party or litigation friend.


        3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.


        3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.


        3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.




        Practice direction 7E


        Signature
        10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.




        In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

        Please reply before 4/10/16.


        Yours etc


        M1

        Comment


        • #5
          Re: 2010 (Nov) VCS ticket, now I have Court Claim

          Wow, Thanks for your response. I acknowledged my claim this morning with MCOL so do I send this directly to BW legal by e-mail or by post? Do I also need to e-mail MCOL?
          Thank you again for your invaluable assistance.

          Comment


          • #6
            Re: 2010 (Nov) VCS ticket, now I have Court Claim

            Email is best.

            No.

            Make sure the 33 days deadline to file a defence doesn't expire

            M1

            Comment


            • #7
              Re: 2010 (Nov) VCS ticket, now I have Court Claim

              Ok, I'll e-mail them in the morning and sit back and wait. I've got so much on my plate at the moment and you've just helped enormously, your a star.
              Thank you,
              Corby.

              Comment


              • #8
                Re: 2010 (Nov) VCS ticket, now I have Court Claim

                Hello all, well I e-mailed BWL last week as per M1's pointing out the issues of the claim and asking for a response by the 4th. I thought I'd wait for the post today just in case they send a response by letter but as of yet nothing. What is my next step? Do I send another e-mail giving another week for them to respond or continue to wait?
                thanks in anticipation,
                Corby

                Comment


                • #9
                  Re: 2010 (Nov) VCS ticket, now I have Court Claim

                  Phone them up and ask if they got it, and what they plan to do.

                  Get an email address and send an overview of the call contents to them as it's easier to evidence later.

                  M1

                  Comment


                  • #10
                    Re: 2010 (Nov) VCS ticket, now I have Court Claim

                    Thanks M1, I've only just had chance to see your reply so I'll call them tomorrow morning. I'll post back their response.
                    Thanks again
                    Corby

                    Comment


                    • #11
                      Re: 2010 (Nov) VCS ticket, now I have Court Claim

                      Morning, I eventually got through to them after around 10 minutes ringing, and spoke to one of their telephone answer bods. After getting my details up and being put on hold, again, the response was basically he couldn't comment as he can see there was an email sent but not the content as the case was being dealt with by one of their representatives. I told him that I'd received an automated response to my e-mail but I required answers that could possibly determine my defense. All he would advise was I was to fill the Court Claim form out and include the points raised by the e-mail which would then be sent to them and probably the case put on hold until the issues were dealt with. Not a lot of help really.
                      What do I need to do now? I've been onto the MCOL website and checked that my acknowledgement was OK but that's all there is, it doesn't mention any time extension.
                      Thanks in anticipation
                      Corby

                      Comment


                      • #12
                        Re: 2010 (Nov) VCS ticket, now I have Court Claim

                        Hello everyone,
                        I've sent them a short e-mail reminding them of my e-mail of the 27th and its contents and also my telephone conversation yesterday. I've invited them to respond without delay as to their intentions in dealing with the issues. I don't suppose they'll be an answer to quick.
                        Regards
                        Corby

                        Comment


                        • #13
                          Re: 2010 (Nov) VCS ticket, now I have Court Claim

                          What is your defence deadline ?

                          Have you tried calling again ?

                          M1

                          Comment


                          • #14
                            Re: 2010 (Nov) VCS ticket, now I have Court Claim

                            Hi M1,
                            Calling was a waste of time, when I eventually got to speak someone I was put on hold and eventually They said they couldn't reply to my question because the file was being dealt with by one of their case handlers. It was obvious that I was talking to a call center handler with limited responsibilities. All he would say was he recommended that I fill in the court claim form and send it off.

                            Dates, Issue date on the form is 22nd September, My Acknowledgement of Service was received on 26th September. I'm presuming that I have 28 days from the 22nd so 20th October.

                            Comment


                            • #15
                              Re: 2010 (Nov) VCS ticket, now I have Court Claim

                              Originally posted by Corby View Post
                              Hi M1,
                              Calling was a waste of time, when I eventually got to speak someone I was put on hold and eventually They said they couldn't reply to my question because the file was being dealt with by one of their case handlers. It was obvious that I was talking to a call center handler with limited responsibilities. All he would say was he recommended that I fill in the court claim form and send it off.

                              Dates, Issue date on the form is 22nd September, My Acknowledgement of Service was received on 26th September. I'm presuming that I have 28 days from the 22nd so 20th October.

                              25th as you forgot to allow 5 days for service.

                              Keep calling and emailing them each time as it builds up evidence of unreasonableness. Ask for the case handler when you call. If no joy then i'll need to do the defence 19/20th as i'm off then so a bump 18/19th to remind me would be good.

                              M1

                              Comment

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