• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Vehicle Control Services

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Vehicle Control Services

    Received a claim? Yes
    Issue Date: 25 June 2019
    Have you Acknowledged the Claim?: Yes, online
    Total Amount Claimed : £200
    Claimant’s Name: Mr Simon Renshaw Smith Vehicle Control Services Ltd
    Solicitors Firm: Does not appear on form
    Original Creditor:
    Original Debt: Parking fine
    Particulars of Claim: The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendants vehicle was identified in breach of the advertised terms and conditions; namely parking without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Prior to receiving the Claim Form, a letter was sent in May 2019 from the claimant demanding payment. Prior to this, no correspondence has been sent since roughly mid 2016.
    List any letters you have sent (eg: CCA/ CPR ):
    Any Other Information or Background Details: back in 2015/16 when the original claim was made I had some very helpful support on here but I cannot seem to trace the history. I had parked on private land on the assumption that the land was owned by a public house where I was having Sunday dinner. There was a large sign attached to the back wall of the pub stating that parking was for customers only however apparently this only referred to a small area against the pub wall where as I had parked towards the centre of the land. It was not at all clear that only part of the land would be ok to park within and the pub has since removed the sign from the wall as it was obviously causing confusion. I had photos of the land on a previous phone however since this happened 4 years ago and I had not hear anything for 3 I no longer have the phone or pictures. The land itself backs on to some small industrial units but is rarely utilised for any purposes and it looks like waste land so I was in no way obstructing anyone's business especially as this was on a Sunday evening. I would be really grateful for any advice on how I should proceed with defending this claim. Legal Beagles was incredibly helpful and useful back in 2016 on this matter.

    Thank you
    Tags: None

  • #2
    your original thread: https://legalbeagles.info/forums/for...l-services-ltd

    Comment


    • #3
      Simon R-S is not the Claimant, VCS is. (S R-S will have signed 'on behalf of.....')
      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


      • #4
        Did you ever receive disclosure docs (copy of PCN, pics of signs etc) per Mystery's letter of June/July 2016 ?
        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


        • #5
          I have never received disclosure docs....

          Comment


          • #6
            Is VCS still operating in that pub/restaurant car park?
            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


            • #7
              I believe so. I spoke to an employee of the pub the other day and they said they stopped renting the part of the car park previously rented from VCS a couple of years ago.

              Comment


              • #8
                Have you kept any of the documentation from 2016?
                Did you get proof of posting/sending for your letters to them?

                Laches may be of use here.
                https://en.wikipedia.org/wiki/Laches_(equity)
                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


                • #9
                  I have nothing as I assumed it was over in 2016. Laches looks promising- do I write to the court explaining the time delay as my defence?

                  Comment


                  • #10
                    In your particular case, if it were me I'd SAR the parking co for all personal data held for this PCN.

                    I'd also send a CPR 31.14 request to them (as they do not appear to have legal representation) for all evidence which they intend to use, including (but not limited to)
                    A true copy of the VCS/landowner agreement (plus any other relevant agreements...ie managing agents etc.)
                    A copy of the KADOE agreement with DVLA
                    Copies of the relevant site signs.
                    A map showing the layout of the car park plus the positions of all signs.

                    Ensure that you keep copies, plus obtain proof of sending.

                    But do not miss the defence deadline if you don't receive responses.
                    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


                    • #11
                      Ok thank you very much. So I have completed the acknowledgement of service form and have until 27 June to return the defence form. So in my defence do I include the narrative above regarding the confusion over the car park AND include something on the grounds of laches or just go with laches? Do I also inform the court that I have requested the above evidence and landowner agreement etc above?
                      Thank you for your help on this it is greatly appreciated.

                      Comment


                      • #12
                        ............and have until 27 June to return the defence form
                        Shome mishtake, shurely?

                        Your defence format should be similar to
                        https://legalbeagles.info/library/gu...-court-claims/
                        Obviously all references to the Consumer Credit Act are not applicable.
                        The statement in para #2 is important.
                        Overall, pick their Particulars of Claim apart, rebut whatever you do not admit to, add your own extra bits which you are using in defence of the claim.
                        Last edited by charitynjw; 21st July 2019, 06:27:AM.
                        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


                        • #13
                          So the update is that I have now received documents from the County Court Business Centre stating that I have filed a defence and that the case is suitable for the small claims track. I have a questionnaire to fill out or the offer of going to small claims mediation. Any advice on what I should do from this point?

                          Comment

                          View our Terms and Conditions

                          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                          Working...
                          X