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Got a letter from County Court Business Centre, Is this genuine? If so, can I fight it?
Quaid87
post Wed, 13 Feb 2019 - 15:56
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Please bear with me as I'm going to try and explain everything as best as I possibly can.

This morning I've received a "Claim form" from in the "County Court Business Centre". I'm very sceptical of this letter because the stamps on it are very VERY blurry, and it just looks like a poor photocopy. There is no signature on this letter, other than the name "Simon Renshaw Smith" typed in the box that says "signed".

The letter asks me to go to www.moneyclaim.gov.uk and that link certainly does not look like a genuine government website. I need some advice on what steps to take next: anyway here's what has happened...

On 7th September 2018, the driver of the vehicle which I am the keeper of received a Parking Charge Notice outside of a Nandos in Media City Salford Quays. This was at night time, and the signs they claim were visible were not lit at all, and can only be seen once you've already entered the area in question.

As the keeper of the vehicle, I have written a letter to the company in question (Vehicle Control Services Limited), disputing this charge, but they never acknowledged any type of receipt of this letter. In the court letter, they are claiming I've made no attempt to contact them or pay the fine even though I have written them a letter.

Unfortunately, through some bad advice from a family member, I haven't kept any of their letters. I was told to ignore it and it would go away, but now it seems that's not going to be the case.

What are my options? The driver of the vehicle is registered disabled and has a feeding tube fitted. At the time of this incident, the driver's feeding tube began to leak, which can be a serious issue if not sorted quickly. As the driver was in the area, the only place they could find that had bathroom facilities was the Nandos restaurant, so they pulled over and the friendly staff helped them out as best they could. They cleaned the feeding tube out and managed to stop the leak, however on exiting the restaurant was confronted with the PCN.

Since then, the driver in question has had to have surgery on the feeding tube, as well as a separate hospital admission for their medical condition, Cystic Fibrosis. On top of that, they have since been issued with a blue disabled badge parking permit as their condition has slightly deteriorated.

Could you please let me know what my options are as the registered keeper of this vehicle?

Thank you.
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post Wed, 13 Feb 2019 - 15:56
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bearclaw
post Wed, 13 Feb 2019 - 16:20
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Firstly make sure that you dont give away the details of the driver. It seems you have done well in that regard.

Do you have proof of postage for these letters you sent them?

Finally and most importantly it is probably a genuine claim form. You need to go online and log in, acknowledge service and DO NOT put anything in the defence box - not one dot. Dont contest jurisdiction, say that you will defend it... That gives you more time to get a defence written. DO IT NOW.

Then post up the paperwork you have on here - redact the identifying details and let us pick it over.
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cabbyman
post Wed, 13 Feb 2019 - 17:12
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What is the name of the claimant on the claim form? With SRS signing it (Hi Simon!) it could be more than one company. If they have 'changed' the identity of the 'creditor,' you have a good defence point.

Additinally, the Equalities Act will be relevant here given that the primary need to park was in the interests of a person with protected characteristics.


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Quaid87
post Thu, 14 Feb 2019 - 17:26
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Hi.

I've attached a photo of the letter I got. Unfortunately, I don't have a working scanner at the moment. Sadly there isn't any proof of postage of my letter - I did send it via recorded delivery, but the receipt was thrown away by my wife, she sadly didn't know what it was so she binned it!

Hopefully, you guys can help. I've logged onto the moneyclaim.gov.uk website, but I'm confused as to what I click on.

Do I click on the AOS button or the Start Defence button?

Thanks!
Dean

QUOTE (cabbyman @ Wed, 13 Feb 2019 - 17:12) *
What is the name of the claimant on the claim form? With SRS signing it (Hi Simon!) it could be more than one company. If they have 'changed' the identity of the 'creditor,' you have a good defence point.

Additinally, the Equalities Act will be relevant here given that the primary need to park was in the interests of a person with protected characteristics.


Under "claimant" at the top of the form it says "VEHICLE CONTROL SERVICES LIMITED" but at the bottom is "signed" by Simon.

This post has been edited by Quaid87: Thu, 14 Feb 2019 - 21:02
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ostell
post Thu, 14 Feb 2019 - 17:26
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Acknowledgement of Service first, nothing in defence. Ack gives you 33 days from date of issue to get defence to the court.

Simon is the "owner" of VCS

Check the company name on the car park. VCS sometomes claims for Excel.

This post has been edited by ostell: Thu, 14 Feb 2019 - 17:30
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Quaid87
post Thu, 14 Feb 2019 - 17:28
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QUOTE (ostell @ Thu, 14 Feb 2019 - 17:26) *
Acknowledgement of Service first, nothing in defence. Ack gives you 33 days from date of issue to get defence to the court.


I have just done that, thank you.
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cabbyman
post Thu, 14 Feb 2019 - 20:52
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TAKE THAT PHOTO DOWN......NOW!!!!!!!!!!!!!!

Redact the claim number!!!!!!!!!

Then repost.


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Quaid87
post Thu, 14 Feb 2019 - 21:03
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It's been redacted. Thanks for the heads up.
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Quaid87
post Fri, 22 Feb 2019 - 22:23
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Hi, I was just wondering if anybody has any update or advice for me on this? A week has already passed and I'm anxious that I only get 4 weeks to put my defence together.

Thanks.
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cabbyman
post Sat, 23 Feb 2019 - 01:03
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You need to research other threads and compile your defence from there. We can't do the work for you because it is imperative that you understand the process. Put your defence together and post it here for comment.


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Quaid87
post Sat, 23 Feb 2019 - 01:05
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If I understood the process I wouldn't need help. I was simply asking because I was told to put a copy of my letter in here so that "we can look it over" and then I've heard nothing since.

I wasn't asking for somebody to just do it for me, I was just asking for a little help...
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Ollyfrog
post Sat, 23 Feb 2019 - 02:28
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QUOTE (ostell @ Thu, 14 Feb 2019 - 17:26) *
Check the company name on the car park. VCS sometomes claims for Excel.


Well we still need the answer to this. Whose name is on the signs in the area?
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ostell
post Sat, 23 Feb 2019 - 08:03
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So where is the notice to keeper or Notice to driver? We know what a court form looks like. You have not given us anything at all to allow us to help. We are not babysitters

The particulars of claim fail to give the reason for the alleged breach
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Quaid87
post Wed, 27 Feb 2019 - 18:11
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QUOTE (ostell @ Sat, 23 Feb 2019 - 08:03) *
So where is the notice to keeper or Notice to driver? We know what a court form looks like. You have not given us anything at all to allow us to help. We are not babysitters

The particulars of claim fail to give the reason for the alleged breach


It was parking on Private Land. As I said in my post, unfortunately from some bad advice from some family members, I didn't keep anything they sent me because I was told it would just go away. Obviously, that doesn't seem to be the case.

This is extremely stressful and worrying, and quite frankly, I'm thinking of just paying it to make it stop. My health is declining and I really don't need this stress making it worse.

I might be shooting myself in the foot here, but I don't want to deceive anybody. I was the driver and I'm also the registered keeper.

I want to know if, following the information I'm about to give below, if I still have a case, or I should just pay up.

I suffer from Cystic Fibrosis which is a degenerative lung disease which has other side effects. One of which is low weight, and because of this, I had a feeding tube fitted in February 2018. I also now have a blue badge which I didn't have at the time of the incident. In late August, early September 2018 my feeding tube was giving me some trouble and started to leak on occasion. Small leaks can be sorted with a quick clean and a flush of the tube, but severe leaks require urgent medical attention. On this particular evening, I was driving to meet some friends for a house party when I felt a sharp pain in my stomach, and my t-shirt was really damp.

I pulled over and noticed that my feeding tube was leaking pretty badly. When this happens, I need to get to a bathroom urgently, and the closest building to where I was, was a restaurant. I pulled over, and went inside and explained to the staff my situation. I used the bathroom, was in there for about 15 minutes while I cleaned myself out, made a quick phone call to the hospital. On returning to my car I found the PCN on the windscreen - as I was panicking I didn't even notice any signs.

3 weeks after this, I had to have surgery to have my feeding tube changed, this was in October 2018. Since then, I've had a further hospital admission this month as my condition has seen a decline in my health.

Do I have a case against this parking fine given it was a medical emergency? Or should I just pay up?
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southpaw82
post Wed, 27 Feb 2019 - 18:33
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The first issue for you to decide is whether it is worth your time and effort of defending. Decide that and then the merits of your defence can be considered, if necessary.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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emanresu
post Thu, 28 Feb 2019 - 05:44
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QUOTE
Do I have a case against this parking fine given it was a medical emergency?


There is no mitigation in law for trespass which is the core of these arguments.

QUOTE
Decide that and then the merits of your defence can be considered,


Since this will come down to a "contract" issue - if you did decide to accept one, then the pics of the site are key to it. Do you have pics?



If this is the location, then the "contract" is flawed and you do have a defence. Pics of the signs at the location on the day will sort virtually all defences.

This post has been edited by emanresu: Thu, 28 Feb 2019 - 05:45
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ostell
post Thu, 28 Feb 2019 - 08:52
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That sign is forbidding. There is no offerr of parking and no contract to park is offered. No contract = no breach = no payment required.

If you are going to defend then to make matters easier then please edit to remove reference as to who was driving.

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nosferatu1001
post Thu, 28 Feb 2019 - 09:00
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Ostell - actually I would suggest they dont do so
A technical POFA-led defence isnt as good as - genuine medical emergency that resulted in the feeding tube being replaced in surgery. This was a medical ermergency, no contract was considered or intended to be accepted. therewas absolutley no meeting of minds.
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ostell
post Thu, 28 Feb 2019 - 09:53
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It was just both could be used as defence, failure on POFA and also medical emergency of an occupant of the car. Two reasons
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nosferatu1001
post Thu, 28 Feb 2019 - 10:14
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I just dont think they will be able to construct a very good sounding witness statement if theyre trying to avoid identifying the driver.
For something like this, you want the court on side, and a technically correct but evasive SEEMING defence is unlikely to do that.
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