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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,
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,
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