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About to go to court

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  • About to go to court

    Hi around six months ago I received a county court claim for a pcn issued by vehicle control services ltd. I submitted my defense based on the fact the court claim letter was the first I had heard from VCS. My defense is that A I wasn't the driver, just the registered keeper. B that VCS have waited 14 months after the alleged parking penalty to notify me of the matter, therefore not complying with POFA 2012 (failing to issue myself with a PCN within the 14 days required).

    I sent VCS A SAR request, it took three requests for them to finally send me all information they have on this matter. This was around April 2021, fourteen months after the initial parking penalty. Fast forward to today, I've received a copy of the claimants court documents and witness statement, which strangely they admit to not sending the PCN within the required time frame but waffle on about statute of limitations being six years. Yet they also as part of their witness statement submit around four alledged dated letters they've sent me. Within the permitted time frame, now these are PDF files not actual letters or proof of postage and I certainly didn't receive them, this all happened at the beginning of lockdown now they are either completely lying or somehow the postal service during lockdown failsd them, but I can't see that and I can't see a judge belibing me on that matter either.

    I will defend this to the very end but realistically what are my chances here? Thanks and sorry if what I wrote is a bit disjointed, it's been a long stressful process.
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  • #2
    ostell

    Comment


    • #3
      So you didn't receive can they show they actually sent them rather than the letter existing as a file on their computer system.

      So they have admitted not sending within the 14 day time frame. That should be included in your defence. I believe they do not use royal mail but a bulk mail provider to reduce costs.

      Hope the driver has not been identified.

      Post up the first PCN allegedly sent, suitably redacted

      What is the status of the claim?

      Comment

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