Results 1 to 8 of 8

Thread: County Court Claim BW Legal - VCS Parking Charge Notice

  • Share
  • Thread Tools
  • Display

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    Join Date
    Jan 2017
    Posts
    4
    Mentioned
    0 Post(s)

    Default County Court Claim BW Legal - VCS Parking Charge Notice

    Hi All,

    I've been reading through a few other threads regarding County Court Claims for parking charge notices and whilst all the info is very helpful it may not necessarily help with this situation so i decided to log a new thread. Apologies if this has been discussed elsewhere.

    The registered keeper of a car has received a County Court Claim requesting a total payment of £242.48 because the car had been parked on private property supposedly without a ticket in 2015. The claimant is Vehicle Control Services Limited and was filed by BW Legal. The private property was and still is a family members work car park and the land is owned by the company they work for. The car has been parked on these premises on many occasions and on every occasion the driver has been given permission to do so with a ticket. The ticket was supplied by the land owner and titled 'Vehicle Control Services GUEST' and was displayed on the dashboard of the car. On the date specified in the county court claim, they declare a ticket was not displayed. At the time of the incident it's believed there were only 2 signs stating 'Primate property...Valid Permit holders...Parking charge £100' but now there are 4.

    The registered keeper of the car has received several letters from VCS and subsequently the debt collectors they hired to chase the charge. Each time these letters were ignored as is commonly advised. They were ignored because it was believed the parking attendant had mistakenly written the ticket despite sufficient permission being presented. The register keeper has not seen evidence to prove that either the car was parked there or if a ticket providing permission was displayed.

    The registered keeper of the car intends to appeal the decision in court but would like help understanding if they have a leg to stand on and the potential outcomes.
    The sum of £242.48 has been broken down to - Amount claimed £167.48, Court Fee £25, Legal representative's costs £50.
    If the registered keeper did go to court and was to lose his appeal, is it possible for the sum of £242.48 to increase or are these costs the maximum possible pay out?

    The registered keeper intends to use the following in their defence;
    -VCS vs Ibbotson (right of the claimant to issue charges on behalf of the land owner) - http://nebula.wsimg.com/e3da92cb966c...&alloworigin=1
    -Insufficient/unclear signage.

    Thank you very much for reading this far. Any and all advice will be greatly appreciated!!!

    InnocentMotorist

  2. #2
    Join Date
    Sep 2009
    Posts
    10,158
    Mentioned
    691 Post(s)

    Default Re: County Court Claim BW Legal - VCS Parking Charge Notice

    If the registered keeper is not the driver then they are almost certain to have problems with keeper liability.

    Unclear signage is certainly a defence but relies on evidence and a judge who is open and fair minded. Not all are.

    What has the employer (landowner) said ?

    Otherwise post as much info as possible such as signage, sanitised PCN etc etc

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  3. #3
    Join Date
    Jan 2017
    Posts
    4
    Mentioned
    0 Post(s)

    Default Re: County Court Claim BW Legal - VCS Parking Charge Notice

    Hi mystery1,

    Thank you for responding so quickly!

    http://imgur.com/a/Fc7Kc
    At this link you will find:
    1.0 County Court Claim Form January 2017
    2.0 VCS Final Reminder Notice 16th April 2015
    3.1 VCS Cover Letter -Your account has been passed to our legal team 23rd May 2016
    3.2 BW Legal - First Letter 23rd May 2016
    4.0 BW Legal 21st June 2016 Final Notice
    5.0 BW Legal Letter of Claim 22nd July 2016
    6.1 car park photo with single sided signs x2 september 2014
    6.2 car park photo with double sided signs x3 april 2015
    6.3 VCS Signage
    7.0 VCS Parking Permit

    I used Google maps to decipher when they changed the signage at the premises as you will see from 6.1 and 6.2. It's clear they themselves believed the signage to be insufficient if they have since added an additional sign and made them double sided. Previously the signs were only readable from the road, not from within the car park and so anyone leaving the car park would not be able to see these signs visible. Furthermore the signs are at the immediate entrance the to premises on which a busy road passes so it is unsafe for a driver to stop in the road to read the signs. The driver of the vehicle is confident the signs were not double sided at the time of the claimed incident.

    *EDIT* The CCCF was issued 06/01/2017 and i have not yet responded to the claim. Should I acknowledge the claim and request 28 days to form a defence?
    I have not yet spoken with the land owner but I know for a fact that the land owner is unaware VCS are attempting to file this claim.

    Thank you for helping with my concerns!

    InnocentMotorist
    Last edited by InnocentMotorist; 11th January 2017 at 20:30:PM.

  4. #4
    Join Date
    Sep 2009
    Posts
    10,158
    Mentioned
    691 Post(s)

    Default Re: County Court Claim BW Legal - VCS Parking Charge Notice

    Should I acknowledge the claim and request 28 days to form a defence?
    100%

    I have not yet spoken with the land owner but I know for a fact that the land owner is unaware VCS are attempting to file this claim.
    Do it quickly and hopefully they can intervene and stop this.



    Send a request for further information to BW Legal.



    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.

    I would like the following information to help reduce the issues in dispute,

    1. Are you claiming i was the driver or registered keeper ?
    2. Is the claim a contractual penalty or trespass ?


    Please reply before 20/01/17


    Yours etc


    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  5. #5
    Join Date
    Jan 2017
    Posts
    4
    Mentioned
    0 Post(s)

    Post Re: County Court Claim BW Legal - VCS Parking Charge Notice

    @mystery1 Incredible! I can't thank you enough!

    I will complete and return the Acknowledgement of Service form later today allowing me 28 days to form a defence.
    Should I email my request for further information to BW legal or send via 1st class post?
    I will also try to get a response from the land owner.

    InnocentMotorist

  6. #6
    Join Date
    Sep 2009
    Posts
    10,158
    Mentioned
    691 Post(s)

    Default Re: County Court Claim BW Legal - VCS Parking Charge Notice

    Email.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  7. #7
    Join Date
    Jan 2017
    Posts
    4
    Mentioned
    0 Post(s)

    Default Re: County Court Claim BW Legal - VCS Parking Charge Notice

    The acknowledgement of service has been returned to the court so i await their response.
    I have emailed BW Legal to their VCS specific address.

    In regards to contacting the Land owner - I understand the land owner has tried in the past to dispute PCN's for genuine authorised guests of the premises but ended up paying the fees on the defendants behalf

    I'll keep you updated on the progress of the emails.

    Many Thanks

    InnocentMotorist

  8. #8
    Join Date
    Sep 2009
    Posts
    10,158
    Mentioned
    691 Post(s)

    Default Re: County Court Claim BW Legal - VCS Parking Charge Notice

    Keep an eye on your court deadlines in case they try and trick you in to missing them.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

Similar Threads

  1. County Court Claim from BW Legal for Excel Parking
    By Jimbo Jetset in forum Welcome Forum
    Replies: 10
    : 20th January 2017, 04:38:AM
  2. Replies: 11
    : 6th September 2016, 09:38:AM
  3. Replies: 13
    : 31st July 2014, 20:27:PM
  4. Replies: 13
    : 31st July 2014, 20:27:PM
  5. Replies: 28
    : 3rd September 2013, 18:13:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.
TOP