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  1. Response from DBL re: CPR 31.14 request DBL Response CPR31.14 Redacted pdf.compressed.pdf
  2. Quick Question; on MCOL- 'do you wish to make a counterclaim?'- suggestions. Should I do this?
  3. As follows; 1. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant was not the driver at the time and no keeper liability has been created under the Protection of Freedoms Act 2012. 2. It is denied that the driver at the time entered into any contract with the Claimant as the car park is managed by a different company. 3. It is denied that the Defendant broke the terms of any contract with the Claimant. 4. The Claimant is attempting double recovery by inventing three spurious sums, each of £60. 5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. 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. Defendant’s signature: My question; is it enough?
  4. Brilliant- Thank you. Images from Myparking charge for the 3 extortions attached below. Quick update; after nothing from DVLA for weeks, I emailed them ([email protected]) yesterday; 'can you please confirm that you have received my query sent 13 January 2021 with regard to a Subject Access Request for my vehicle XXXX in 2017? Can you please confirm who applied for my data in that year. This is currently a legal case in a county court and DVLA may be called. Can you please confirm when you can provide me with this request for information. Many thanks in advance.' Received email response this morning; Good morning, Your request was completed today and the information has been sent to you in the post. Kind regards, Subject Access Request (SAR) Hope this helps anyone else. Also emailed VCS Data Protection officer yesterday requesting ALL the info they had accessed the vehicle. Received an 'Auto Responder' email- 'If you are making a Subject Access Request (SAR) for copies of data that we hold or may hold about you, then we acknowledge your request and will process within the allowed time frame of 1 calendar month. We may be required to contact you for further information or to verify your identity and if so this will mean our time to respond is taken from the time you provide the additional information or proof of identity.' underlined by me; Abusing the system for their own ends. Irrespective of this, the DVLA info will be interesting to read. Just back to working on a draft defence... VCS.compressed.pdf Five downloads of the attached docs...would be nice to know who has downloaded and any feedback would be welcome.
  5. Thanks @dx100ukthe images are quite grainy but I'll get them up later. I just wanted to check about defence - and the standard 3 -5 line (and @FTMDave's suggestion of a defence- above dated Wednesday @ 21.50). Will this be the only defence (and information) I'll be entering? It just seems rather short in comparison to other's I've read elsewhere (e.g. Coupon-mad's suggestion here (link removed - dx)
  6. Thanks so much everyone; your support is REALLY appreciated. To answer a couple of questions; @dx100uk Yes; one anpr capture, one vanishing Windscreen tickets but the NTK's have photos of car parked outside lines Honestly no idea how long after the NTK's came but suspect that I can find that out by looking at the info on myparkingspace site? Unfortunately, haven't been able to find the NTK's or the tickets. Sorry. Would it help if I screen shot myparkingspace notices? am planning to have a defence in by Wednesday which will be pretty much the only day I have to get stuff in before Friday at 4pm Is the Glyn Jones CEO the same Stobart Aviation? https://www.echo-news.co.uk/news/17725996.drivers-stopping-airport-roads-given-100-fine/ Not sure he'd be that interested tbh. what about a letter to the landowner? any recommendations for letter content (and for Glyn Jones)?
  7. @dx100uk I looked at the PCNs on Myparkingspace and the PCN dated 06/96/2017 is an ANPR photo of car arriving/departing the car park. @lookinforinfocounty court claim has been made. No idea of the steps after submitting a defence (or when/I’d that leads to court) but I’ll be reading up soon enough. Yes to all the stuff re: VCN/DVLA and potential misuse of GDPR. Fingers crossed that they’ve messed up
  8. Many thanks @lookinforinfo; I've contacted DVLA requesting who has accessed my info but thinking a more 'robust' letter along the lines you recommend might be order of the day tomorrow. Much appreciated. Double thanks @FTMDave; TRULY appreciate your work on our behalf. thanks for the above adapted and, yeah, lessons learned eh! I've uploaded all the paperwork that seems relevant. I've only uploaded 1 copy of the 'Final Notice of Debt Recovery' (dated 01 October 2020) Letters (there were 3)- they're all the same. I've also not included the County Court Claim form. I just want to check; is their 'Final Notice of Debt Recovery' (dated 01 October 2020) the 'Letter Before Action'? If not then we've never received the LBA. To Note; I've literally only just noticed this but.... DCBL paper work, on both 'Notice of Debt Recovery' (dated 12 August 2020) and 'Final Reminder' (dated 04 September 2020), it is stated 'Date of Contravention: 06/06/2017' - 'Reason for Contravention: 86) Parked Beyond The Bay Markings' . This is incorrect, as this contravention was an ANPR charge. Wonder how that tips into their argument? Just curious. Of greater relevance; You might notice on all three VCN's 'Notice of Intended Court Proceedings' (dated, 2 x 29/08/2017 & 04/09/2017) that it states, in bold, near the bottom of the page 'The creditor is: Vehicle Services Limited.' Am I correct in my understanding that legally, only Excel can call themselves Creditor as it's Excel who have the lease agreement with the landowner. Not quite sure if I mentioned this but I have accessed a copy of the land registry document which provides details confirming that the landowner has leased the land to Excel Parking. By coincidence, I was working with a client today (3rd year law student!) who's recently been studying contract law and noted that 'even though the companies may be linked by people, and might claim to be sister companies, they are in fact separate legal entities. Check who has accessed your information through DVLA because there may well be a GDPR issue due to who holds the contract with the landowner.') DEFINATELY considering sending Simes a letter (CHEERS @dx100uk) as you say FTMDave, it's just a stamp. Wonder if he's got some poor, under living wage lackey filtering this kind of correspondence down in Sheffield? THank you all so much for all your encouragement and support- it no longer feels like we're alone in this. Lost lots of sleep but stated to sleep like a babby again. Onwards and Upwards. VCN EXCEL Smyth Street Wakefield 2017-2021.compressed.pdf
  9. What I’ve read elsewhere (and from being in touch with someone who has won using the above argument - but who also notes that others have lost using the same argument- it seems to be dependent upon the court/judge) is that it is possible to win BUT I’m not entirely certain if it holds actual legal weight. @dx100uk write a letter you say? To DBL or VCS? something like this??; I am writing in respect to the above noted County Court Claim issued by your legal team in connection to three separate Parking Charge Notices (PCNs) issued to vehicle registration mark XXXXXX. I was the named keeper of the vehicle at the time of the PCN issue but do not claim liability. I wish you to note the following; whilst you may ‘think’ that you have adequate grounds to make this claim, the simple facts are that you have absolutely no right (in law??) and the evidence I have uncovered as a direct result of your claim, along with the evidence and wording contained in the communications you sent to me (dated XX August 2017) irrefutably show that you (Vehicle Control Services) have absolutely no claim in law. Please be aware that should continue to pursue this claim not only will you incur your own costs but also costs that I will be claiming against you for bringing this unfounded and malicious claim which bears no legal weight whatsoever and is in breach of the IPC Code of Conduct (Versions 5 and 6). Subsequently, I will be reporting you to the ICO for improper use of KADOE and to the IPC for breach of the Code of Conduct. Yours faithfully, Scans coming later....
  10. As before, thank you @FTMDave for your supportive words, they are very gratefully received :) Attached, the PDF of signage provided by VCS in 2017- what an absolute jumble of words, names and information. To update; CPR 31.14 request posted to DBL. I'm still scanning all the correspondence we have but have found three 'NOTICE OF INTENDED COURT PROCEEDINGS' letters from VCS dated August 2017 each stating 'The creditor is: Vehicle Control Services Limited.' Smyth Street Signage Proofs.compressed.pdf
  11. Thanks so much for your reassuring words @FTMDave And @dx100uk- Many thanks for CPR advice. 1. Briefly, what went on, how did your wife get three tickets? 2017; the driver (not my wife) parked in a bay that apprehend to be parking (and had parked in that space MANY times). As there was an attendant onsite that day, asked attendant if the space was safe to park “absolutely”. All fine. Two days later, parked in exactly the same spot. PCN on return to car. Received 2 PCN notifications through post with link to photo evidence. Both PCNs showed the car had PCNs attached. None was attached in instance of PCN 1 when driver returned. Naively appealed to VCS- What an absolute waste of energy. Invariably lost Naively appealed through IPC- what an absolute waste of energy. Invariably lost. (Hindsight is a wonderful thing innit!) 3rd ticket- overstay (by how long I’m not sure but it won’t have been very long!) clocked by APNR. Ignored PCN (probably not our finest moment). 2. Is the person they are suing also the same person who was driving on the day? No. Driver has never been revealed to VCS. 3. Did she receive a Letter Before Claim/Letter Before Action? Yes. Stupidly ignored it (grimaces!). 4. Is this car park local to you? If so it would be very useful to see pix of the signage. You heavily hint that Simple Simon has mixed up Excel with VCS, and this has been fatal to him in court many times. Quite local to us (8 miles away)- Currently working on an iPad which is a bit glitchy so will upload a proof of the signage (supplied by VCS in the appeal process) later. Did a bit of digging; confusing signage (branded with Excel Parking logo) but also states that ‘By entering this private car park you are entering into an agreement with Vehicle Control Services Ltd’ . The wording across the whole sign seems to jump between Excel and VCS. Nowhere on signage does it mention either VCS nor Excel being the ‘Creditor’ which I understand (maybe incorrectly?) is a legal must do- and also within the IPC Code of Conduct. With all this in mind, I had a look at land registry for that site which noted the owner (a very well know commercial property developer in the Leeds areas) had granted Excel Parking Services Ltd a lease for a term of 6 years from December 2016. Thoughts?
  12. YUP A quick Q; in the CPR 31.14 request which I’m amending to fit the particulars of their claim, is it worth wording the request in point 1; 1. The contract between VEHICLE CONTROL SERVICES and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. OR land registry details confirming VEHICLE CONTROL SERVICES as private land owner. Asking this because their claim is worded ‘.The PCN(s) was issued on private land owned or managed by C.’
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