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Claim Form from County Court for Charge Notice-Vehicle Control Services

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  • Claim Form from County Court for Charge Notice-Vehicle Control Services

    Hi

    We received this county court letter(I presume its a real one??)dated 14/5/19 for a PCN contravention on 4/1/2017 - no other details mentioned. Should we just ignore this?

    If we do will a CCJ be entered against the defendants name? What will this mean and what would the consequences be of this?

    Could the defendant take any further action - such as passing this on for a high court enforcement order?
    Any help appreciated as we don't know what to do for the best.
    I have attached a copy of the letter.
    Thanks County Court Letter.jpg
    Last edited by HelpPCNCCJ; 23rd May 2019, 18:37:PM.
    Tags: None

  • #2
    Ignore hasn't been recommended since the introduction of Schedule 4 of the Protection of Freedoms Act in 2012 which allowed them to transfer liability to the keeper.

    First of all acknowledge the claim using the details and password on the form. Do not enter anything in the defence at this time. This will give you 33 days from the date of issue to get a defence to the court.

    So a letter to VCS asking for copies of all documentation they intend to use in court in order to narrow the issues between you. As the must have these documents to hand in order to issue the claim you require them within 7 days.

    Look around the forums for other defences and start preparing your own. One of the things you will object to is that additional £60.

    If you ignore you will get a CCJ against you by default and if you don't pay within a month then it will be recorded against you by the credit agencies and you will have problems with loans, phone contracts and generally getting credit for the next 6 years. The sum is not high enough for the High court (min £600) but there's nothing to stop them using the local courts enforcement officers to visit.

    Comment


    • #3
      Thank you.

      I have acknowledged the claim, intending to contest it all.
      How should I word the letter to VCS?

      Can you provide some examples of the defence? or is any of the attached relevant/useable?
      Thanks
      Last edited by HelpPCNCCJ; 23rd May 2019, 18:46:PM.

      Comment


      • #4
        Here is attachment - any of this relevant/useable
        Attached Files

        Comment


        • #5
          Is that your defence? It makes no sens as that is talking about a set aside

          Comment


          • #6
            How should I word the request to VCS?
            then we can do the defence after

            Comment


            • #7
              Is this any good as a response to VCS for all the info??

              Dear Vehicle Control Services

              This email is in response to the Claim Form I have received dated 14th May 2019 with regard to a "monies due" for a Parking Charge Notice on 4th January 2017 of £185.00 made up on £160 claim and £25.00 legal representative costs.

              In the claim letter, there is no explanation of the contravention and having had no previous contact from VCS before in regards to the PCN this is something I am totally unaware of.

              There will be no admissions as to who was driving and no assumptions can be drawn. I require an explanation of the allegation and your evidence, i.e.:

              1. An explanation of the cause of action.
              2. Whether you are pursuing me as driver or keeper.
              3. Whether you are relying on the provisions of Schedule 4 of POFA 2012.
              4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the money being claimed arose and has been calculated, what the contravention was.
              5. If the claim is for a contractual breach, what is the date of the agreement? The names of the parties to it and please therefore provide me a copy of that contract.
              6. A picture and a map showing where any signs were displayed on that date.
              7. Details of the signs displayed (size of sign, size of font, height at which displayed)
              8. Provide details of the original charge, a copy of the supposed previous letters sent and dated, and detail any interest and administrative or other charges added
              9. A copy of the agreement between the landowner/authorised agent & yourselves
              10. Any pictures of the parked vehicle in the location described

              11. A copy of the on screen PCN or a copy of the postal PCN

              12. Any other documentation which you will rely on in court in order to prove your assertion

              I also request you Subject Access Request for any other data you hold about me.

              Until you have complied with your obligation and provided this information, I am unable to respond properly, but have acknowledge the service for the alleged claim and am considering my position in relation to it.

              Comment


              • #8
                That should do.

                Comment


                • #9
                  Thank you Ill send that.

                  Comment


                  • #10
                    Are any of the bits of the previous defence document any good for when I need it, excluding the parts that refer to a set aside(whatever that is?!) I took a lot of this from other posts as you suggested.

                    Comment


                    • #11
                      If you've acknowledged the claim, you have *33 days from the claim issue date in which to file your defence. (28 +5 for deemed service of the claim)
                      I make that Sunday 16th June, so the next working day would be ok (4pm latest)......but please check my math on that!
                      It would be better to compose your defence for filing nearer to that date, especially as you.ve asked for disclosure of evidence.

                      *I'm assuming the claim was issued via MCOL....they usually are.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        I cannot see anything that refers to MCOL, and not sure what this stands for?
                        Thanks

                        Comment


                        • #13
                          Money Claim On Line
                          details on the form, together with password. You can acknowledge there. Nothing in the defence

                          Comment


                          • #14
                            Yes, I have done that already as per above post. I sent the email to info@vehiclecontrolservices.co,uk as I could not find another email address. Do you, from your experience of dealing with all these claims, know of another email address for this company, to ensure they get the message.
                            Thanks
                            Last edited by HelpPCNCCJ; 29th May 2019, 18:59:PM.

                            Comment


                            • #15
                              Originally posted by HelpPCNCCJ View Post
                              Yes, I have done that already as per above post. I sent the email to info@vehiclecontrolservices.co,uk as I could not find another email address. Do you, from your experience of dealing with all these claims, know of another email address for this company, to ensure they get the message.
                              Thanks
                              If you're referring to acknowledging the court claim, you do so via Northampton CCBC (either by post or email with attachment) or via MCOL if you've set up an online account.
                              https://legalbeagles.info/library/gu...ledge-a-claim/
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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