DeeBrad69
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Posts
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Hi All I've had a response to the letter I sent and have attached it here. Any thoughts would be welcome but it looks like they are awaiting further instruction from VCS. img026.pdf
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Letter sent! Fingers crossed! Thanks so much everyone for your help it's been invaluable. Thank God for this Forum.
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Thanks dx100uk. Hopefully this will be the end of it but as Arnie nearly said 'I may be back'.
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Thanks Honeybee for your reply, I've amended slightly and will send this evening by Registered Post to ensure it arrives tomorrow before 1pm. Thanks all for all your help, much appreciated.
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Hi I found another thread very similar to my situation in which they were advised to send the following by the talented ericsbrother, would it be OK for me to send the same or is that not done? Unfortunately for you I wasn’t born yesterday so I won’t be paying the demand to your client as both you and they know what I know and that there is no liability in this matter because the land is covered by its own byelaws, the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160 is just a nonsense. As VCS has been spanked at court on this very same thing several times before I suggest that you tell your client to discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey Civil Procedure as well. I know that may well be a first for you but call it your new year's resolution. Should they decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016. Even Will and John, the parking worlds’ worst solicitors seem to have got fed up with Simple Simon's stupidity and greed and presumably that is why you are wasting your ink on his behalf. Any thoughts greatly appreciated. Dee
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Apologies disgruntled2007 I didn't realise I needed to refresh my screen for responses to appear.
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Hi ericsbrother the defence I intend to make is as follows: 1 There is no keeper liability as VCS have failed to follow POFA protocols to create one. 2 No contract was offered by their signage so there has been no breach to create a cause for action. The demand is thus a penalty with no attempt to create terms with the only possible effect being deterrence. 3 VCS do not own the land, it is owned by the airport and is covered by it's own airport byelaws. Do I complete the income & expenditure forms? Any help/editing greatly appreciated.
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Hi dx100uk I don't want to mither but I only have 3 days left to respond, did you manage to knock anything up for me?
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Thanks dx100uk, hubby keeps wanting to cave!
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The reply form is blank Would it be worth me writing to JLA directly disputing the claim?
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So is there anything I do in the meantime, ie. complete the forms or reply? Thanks
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Hi Letter of Claim attached. Thanks Letter Of Claim.pdf
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Hi I've now received a Letter of Claim enclosing a reply form and income & expenditure form. They do not acknowledge my two liner to them. Any help would be much appreciated.
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I have sent the two liner today as recommended. I have also completed the questions below: 1 Date of the infringement 28th May 2016 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] not sure I threw it in the bin 3 Date received I assume it was within the 14 days 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] n 5 Is there any photographic evidence of the event? y 6 Have you appealed? {y/n?] post up you appeal]n Have you had a response? [Y/N?] post it up 7 Who is the parking company? VCS Ltd 8. Where exactly [carpark name and town] Liverpool outside John Lennon Airport For either option, does it say which appeals body they operate under. IPC There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE If you have received any other correspondence, please mention it here 1. Your account has been passed to our legal team 9/10/17 2. BW Legal 1st letter 9/10/17 3. BW Legal Final Notice 7/11/17
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