** Won ** Advice on VCS parking charge and court papers filed

[NewbieAndy]

Hi,

March 9 2017 i was given a parking ticket for not paying for a parking ticket at a car parking lot in leeds (Manston Business Centre Car park, Leeds, LS2 7PS) managed by VCS. In order to pay for a ticket you had to create an online account with parkonomy (https://parkonomy.com/en/)

On the date in question i had made my payment as per usual via the website. My bank statements also confirm the money was taken from my bank account on that date as well as subsequent dates afetr as i had been regularly parking at this location.

However despite having paid for a parking ticket on that date, they had issued me a ticket.

It seems their solution provider Parkonomy hasnt got a record of the payment on their system. However my bank statement confirms i had paid as they had taken the money from my account.

I contested using the usual 'independant' review process but they rejected it in favour of VCS (how i do not understand when it clearly shows in my bank statement i had paid).

After this i decided to simply ignore their letters with consistent we will look to file a court claim over the last year.

Anyway i have now received a letter dated 6th march 2018 that they have submitted a claim in the County Court business centre.

I was looking for some advice on where i stand and the process that follows? as i want to fight this as i can't see how they can make a claim when clearly i had paid?!?

Any advice would be helpful.

[ostell]

The "independent" review process "IAS" is run by the same company that run the IPC and Gladstones solicitors and is bound to fail no matter what you say. They will say black was white so their members win.

Have you received a "letter before claim" or actual court forms from Northampton? Perhaps post up the letter with identifying details redacted.

The fact that you have proof that you actually paid their collection agent will stand you in good stead.

[NewbieAndy]

Hi Ostell,

Thanks for getting back to me.

I have received a 'Letter Before claim' as well.

I have attached both letters. (with identifying details redacted)

My Bank statement clearly shows on the date in question 9th March 2017 a debit stating from 'Parkonomy' which is the service which you purchase your tickets for that aforementioned car parking. So i have clearly paid for a parking ticket and i have paid for the days after as well.

So as far as i can see i don;t know why they would want to pursue when i have clearly paid (i submitted this to IAS and they still sided with VCS as they had requested that i show this in the parking website via my login, however it is not recorded in my login, but the fact that the website hasnt recorded it is not my fault i do not control their website so its a failure on their side not mine as they have taken the money from my account for the ticket). After which i chose to ignore subsequent letters after.

Am i on ok footing and what is the next steps as i'm not too sure? do i wait for the court to get in touch with me?

Thanks,

Andy

[ostell]

Get a copy of your bank statement for the appropriate period, redact out things that are none of their business, highlight the payment in question and send it to the solicitors pointing out that as they have proof that the payment was made then continuing with the claim would be vexatioue and unreasonable. Point out that their agent made an error in not alloting the payment

have you had the claim form from Northampton yet?

[NewbieAndy]

Hi Ostell,

I haven't recieved anything as of yet from Northampton courts, i assume when they get in touch i am able to provide my defense? (its been over a week does it normally take this long to hear back from the courts?)

Should i email or send a letter to the solictors with my bank statement "redacted" pointing out that i have proof of payment etc?

Overall if i this does go through the courts i assume i'm unlikely to lose due to the fact i have proof of payment? regardless of their agent not recording it on their system as they had taken payment from my account?

Thanks,

Andy

[ostell]

Respond to the Letter before claim stating that there is no liability as the payment was made as they can see from the enclosed bank statement. Their client VCS and their agent Parkonomy failed to record this payment correctly and therefore it would be vexatious to continue with the claim when there is absolutely no debt in existence. Their unreasonable behaviour has caused great distress and you will be looking to recover all your costs from them when you prevail.

You could add that they are required to give you 30 days before commencing action but they seem to have forgotten that February has only 28 days and hence 30 days from the date of the letter, 23 January, is not 22 February. There is a posting on the PepiPoo forums by HenryHippo where a judge did not like the remarks in the solicitors letter about the AOE and bailiffs. He thought is was very unprofessional. HH won by the way and got an additional £500 from the parking company.

The particulars of claim is very vague as it it does not give any details of the alleged breach of the conditions that gave rise to the charge. The claim looks as though it is a standard template with a few of tour details entered at in the appropriate place.

When, and if, you get the claim, which will be from Northampton, then acknowledge it online using the details on the form but but nothing in the defence. This will give you 33 days from the date of issue to get your deence to the court.

[NewbieAndy]

Hi Ostell,

I have attached one of the previous PCN letters which shows that they are claiming that i parked without paying for a valid ticket.

So just to confirm Send in the post a written reply to the 'letter before claim' to the solicitor claiming the above as you have stated as soon as possible correct? (providing a redacted bank statement showing the payment for the ticket via their agent.)

And when / if Northampton send a form surrounding the claim acknowledge via online using the details on the form but put nothing in the defence section? as this will give me 33 days from the date of issue to get my defence to court so would that entail me submitting a written defence at a later date?

Thanks,

Andy

[ostell]

They have labelled it as a Notice to Driver. strange.

Yes, you have to get your defence into court before 33 dyas from the date of issue. Search around and post it on here for critique. It looks as though they know who the driver is. Yes or No answer.

[NewbieAndy]

Hi Ostell, Thanks for your help so far. Ok i'll send in the post a response with my bank statement redacted to the 'letter before claim' stating your advice above and see what occurs from that. In the interim i'll await to hear from Northampton and inform on this pos once i recieve a letter from Northampton. Yes they know who the driver is as they are going by the registered driver of the vehicle which is me. If its ok, i'll post on here my letter just to confirm the reponse looks ok before sending back to the solictor? Thanks for your help so far. Thanks, NewbieAndy

[NewbieAndy]

Hi Ostell,

I have written the replay to the 'letter before claim'

Does this read ok?:

Dear Jake Bargass,

In regards to the recent submission to court in regards to Claim No:XXXXXXXX VCS vs XXXXXXXXX

In which you accuse the defendant of not purchasing a valid parking ticket.

I would like to confirm for you that there is no liability as the payment was made as you can see from the enclosed bank statement. Your client VCS and their agent Parkonomy failed to record this payment correctly and therefore it would be vexatious to continue with the claim when there is absolutely no debt in existence. Your unreasonable behaviour has caused great distress and I will be looking to recover all my costs from them when I prevail.

You are also required to give you 30 days before commencing action but you seem to have forgotten that February has only 28 days and hence 30 days from the date of the letter, 23 January, is not 22 February.

Best Regards,

[NewbieAndy]

Additionally i have recieved the Court paper.

I have now submitted the Acknowledge of service as of today.

(however i have noticed the issue date was 5/03/18 and i only submitted the AOS as of today 25/3/18) this was due to the letter being misplaced when delivered so was forgotten about until today

Overall is this ok and what is the next steps? do i await to hear back from the court and then send in my defense and if so what do i send?

Thanks, im completely new to this so any help with be very much appreciated as i'm getting worried.

Thanks,

Newbie Andy

[NewbieAndy]

Should i not bother sending a reply to the Letter before claim now as well?

Thanks,

Newbie Andy

[NewbieAndy]

Hi Ostell,

Sorry to nudge but could you update when your available with the above? keen to try and get this over and done with as soon as possible due to my own delay

Thanks for any help!

[ostell]

You need to do 2 things. Write in response to the LBC showing them the bank details that show that it was paid on the days that they allege it was not and invite them to withdraw. Blank out your name as it sort of hints at a possible driver.

Second is to write your defence that needs to be with the court within 33 days of the issue date of the claim form from Northampton. There will not be a reminder from the court. Fail to submit and you lose.

I notice in post #9 you mentioned registered driver. There is no such beast. There is the registered keeper and the driver. They know who the registered keeper is, you, because they have got the details from the DVLA. They cannot know who the driver was unless you told them. Do they know who the driver was, simple Yes or No.

[NewbieAndy]

Ah Thanks Ostell.

No they do not know who the driver is, they only have the DVLA information of the registered keeper.

I will send the response to the LBC tomorrow and i'll write up my defense and post on here if you could just give me any hints or checks on whether that all looks fine and i'll submit that as well.

Thanks so much for you help so far its been very greatly appreciated!

Thanks,

Newbie Andy