You are looking at a copy of the claimants, out of date form. As mentioned above, mediation is now mandatory.
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Yes. Here is the advice for your won N180 DQ:
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
With an issue date of 25th April, you have until 4pm on Wednesday 3rd 14th May to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Wednesday 28th May to submit your defence.
If you want to submit an AoS then follow the instructions in this linked PDF:
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.
When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Vehicle Control Services Ltd v [your full name] Claim no.: [claim number]."
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Vehicle Control Services Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.
2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.
3. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)
(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.
4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:
(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;
(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.
5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.
Statement of truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date:
Draft Order for the defence (https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0)
Some of the signs just show Excel, and others showing both Excel and VCS. The main sign next to the parking meter does say the contract is with VCS.
Also, the initial appeal I made was rejected on the basis there is sufficient signage, making it clear that a Ł100 charge will be levied if parked outside the Terms and Conditions displayed, and that I exited the car park after the ticket expired.
Do I have any basis on which to appeal this?
So you've already appealed this. You didn't say and I've just wasted my time composing one for you. It's too late to do anything except you can try your luck with the kangaroo court that is the IAS. I suspect that the only way this is gong to be resolved is in the county court.
If those are your own photos, make sure you keep the Metadata for them and, if you can, get them date and time stamped. If not, get your own photos of any signs at the car park that have the Excel logo on them.
In the context of private parking enforcement, the entity named on the signage at a parking location is typically considered the contracting party. If the signage displays "Excel Parking Services Ltd." but the Notice to Keeper (NtK) is issued by "Vehicle Control Services Ltd. (VCS)," this discrepancy is significant. Despite both companies being sister entities with common directors, they are separate legal entities with distinct company registration numbers.
A contract is formed between the driver and the entity named on the signage. Therefore, if Excel Parking Services Ltd. is the company identified on the signs, any contractual agreement would be with them, not VCS. This means VCS lack the legal standing to enforce the parking charge, as they are not a party to the contract formed by the signage.
VCS/Excel have lost several claims because of this discrepancy.
If you receive an NtK from a company different from the one named on the signage, you should appeal the charge by highlighting this inconsistency. In your appeal, state that the contract was with the company named on the signage (Excel Parking Services Ltd.), and therefore, VCS has no legal authority to enforce the charge. Make sure you have the photos of the signs to support your appeal.
Here is a suggested appeal:
Parking Charge Notice Reference: [Insert PCN Number]
Vehicle Registration: [Insert Vehicle Registration]
This is a formal Registered Keeper appeal of the Parking Charge Notice (PCN) referenced above, issued by Vehicle Control Services Ltd. (VCS). I do not believe this charge is valid, and I request its immediate cancellation on the following grounds:
1. Incorrect Legal Entity on Signage
The signage at the location in question clearly identifies the operator as Excel Parking Services Ltd., not Vehicle Control Services Ltd. (VCS). It is well-established that Excel Parking Services Ltd. and Vehicle Control Services Ltd. are separate legal entities with distinct company registration numbers, despite having the same directors.
As a result, the contract entered into at the time of parking was with Excel Parking Services Ltd., the entity named on the signage. VCS, as a separate legal entity, has no standing to enforce any alleged contractual terms or to issue this PCN.
2. Failure to Establish Legal Standing
In order for VCS to pursue this charge, you must demonstrate legal standing to do so. Since Excel Parking Services Ltd. is the company named on the signage and therefore the party to any potential contract, VCS has no contractual or legal authority to act in this matter. I request that you provide evidence of your authority to issue this PCN and to enforce any charges in relation to parking at this location.
3. Request for Evidence
If you believe that VCS is entitled to enforce this charge, please provide the following evidence:
1. A copy of the contract between VCS and the landowner granting you authority to operate and enforce parking at this site.
2. Evidence of your compliance with the BPA/IPC Single Code of Practice (SCoP) in relation to signage and correspondence.
3. A detailed explanation of how VCS has the legal right to pursue charges at a location where Excel Parking Services Ltd. is the named entity.
4. Photographic Evidence
Should VCS not cancel this PCN, I have photographs of the signage at the location, which clearly display the name Excel Parking Services Ltd. and will not hesitate to evidence them in any subsequent litigation should VCS be so inclined to persist in this futile exercise.
Given the above, I suggest the immediate cancellation of this PCN. Additionally, pursuing this charge without demonstrating the legal standing to do so constitutes a breach of consumer protection laws.
If you reject this appeal, please provide a detailed response addressing each of the points raised, along with the necessary evidence to support your position. Failure to do so will result in further action, including a formal complaint to the IPC.
Please consider this a formal request for your response within the timeframe specified by the BPA/IPC Single Code of Practice.