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Found 67 results

  1. Wow so happy to have found you CAG. Fingers crossed I can beat this. I am devastated, treated myself and a friend to a theatre show tickets were about £7 each. We are both pretty skint and I have now had a charge for £60-£100 quid!!! Theatre Delicatessen (voluntary run theatre) had just moved to the address above when I went to see the show which was on the 24th October 2017. Yesterday 6th Dec 2017 I received a letter asking me to pay £100, or £60 if I pay within 14 days of the date of the letter 29/11/17. (Why have they taken so long to respond but yet I am pressured to pay so quickly just before Christmas and I have two small boys!) The building they have moved into is a retail outlet which used to be a Mothercare outlet. Next door to staples. The show was at 7:30pm. I checked to see if there were any pay and display machines but did not see and other signs (tempted to go back to check where they are) The letter shows registration recognition (but does not show the driver) points out that I stayed 152 minutes and the maximum time of free parking is an hour. I can understand why this is in place as I guess some people could take the mick and go into town but I was visiting a building that the carpark was for and the rest of the carpark was pretty empty except a few others which expect will also have received a charge. I have rang the theatre who sypathetically said that I'm not the only one and that there is nothing they can do about. She pointed out some other places I could park in future and that they have got signs inside the theatre. These were not there when we visited as as it had just opened my friend and I had a good look around. She said they are trying to sort something with the council which is a bit strange as the letter I have had says "Private land" and is from Vehicle control services who are accredited by the IPC. I think I probably ought to call back and ask about this. Could the council have employed VCS. Please can anyone advise me what to to for the best. Should I ignore? Appeal? Contact the company direct and explain the situation? I sense they would not show goodwill. Have I got a leg to stand on??? I look forward to hearing your wisdom I only have 6 days to pay the lesser price if you think I should. Thank you, Gemma:|
  2. Name of the Claimant - Vehicle Control Services Date of issue – 30 Aug 2016 What is the claim for – the reason they have issued the claim? 1. The claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a PCN issued on 3/7/2015 at *home address* 2.The PCN relates to *reg number* The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. 3. Despite demand having been made, the defendant has failed to settle their outstanding liability. 4. The Claim also includes Statutory Interest pursuant to section 69 of the Count Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 3/7/2015 to 26/8/2016 being an amount of £8.42 5.The Claimant also claims £54.00 contracual costs pursuant to the PCN T&Cs." What is the value of the claim? Amount claimed: £162.42 Court Fee: £25.00 Legal costs: £50.00 Total: £237.42 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ? Yes - BW Legal Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Hi all, I'm aware that there are hundreds of posts on here with information and answers etc. but having skimmed over around 5 different threads I'm still confused on what to do. I'm currently off on Maternity Leave so I don't get much time to sit around hence needing some quick help. .. it would be very much appreciated! I live in an apartment block and the car park below is private, managed by VCS. We have one space allocated per apartment and have to display a window ticket all year. I wasn't aware that the ticket had an expiry date of 30/05/2015 hence receiving a parking ticket for not displaying an updated ticket! I found it absurd that I had a ticket clearly shown but didn't realise I needed a new one so suddenly had to pay £100.00 for parking outside my own home. I haven't got any of the paperwork they've sent me as it all went to my mum's address where my car was still registered (hadn't got round to updating my address as we'd not long moved in) I told her to just chuck it all. I did read on a few forums about appealing when I first got the charge but I'd missed the deadline. next advice was to ignore. I still refuse to pay it and will happily stand infront of a court and give my reasoning, not that I'd win but out of principal. Any help on next steps would be great. Thanks Answered questions below which I believe help:
  3. Hi, I received a Final Demand from VCS re stopping in a no stopping area to pick someone up. To date I have not responded/acknowledged any letters that have been sent. Having looked at some of the threads am I correct that at present there is nothing for me to do or worry about?
  4. Hi - first post. https://www.consumeractiongroup.co.uk/forum/showthread.php?485544-VCS-windscreen-PCN-Scotland-Disabled-Badge-on-floor-opps-i-have-told-them-i-was-driving-help Have received today exactly the same letter as post 52 above, relating to an alleged PCN in Dundee on 7 December 2015. I have a vague recollection of there being a PCN in the location a long time ago but am sure I haven't had any reminders since, so it's odd to have this final demand before court action 2.5 years later. Maybe the Carly thingy case has got them excited, as they mention that although it has no bearing on what they're written to me about. I assume I ignore?
  5. Claimaint: Vehicle Control Services Solicitors: None identified Date of Issue: 19 Apr 2018 Particulars of Claim: 1.The Claim against the Defendant is for breach of contract in respect of breaching the Terms and Conidtions set on private land. The Defendant was issued with a charge notice and has failed to settle their outstanding liabilities. 2.At all material time the Defendant was the registered keeper and/or driver of the vehicle identified in the Particulars of Claim. It is alleged the Defendant breached the Terms and Conditions of entering private land as detailed in the Particulars of Claim (to follow). 3.The Claimant seeks the recovery of the CN and interest under Section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up the date of Judgement or earlier payment. I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form. Claim is for £160 + £25 court fee = £185 ---------------------- Hi, have received court papers wrt the above Basic summary of events: -NTK (not me) received 20/4/2017. Issued 13/4/17 but for contravention date 2/4/17. Due to easter holiday this meant >14 days so POFA does not apply -I appealed on the keepers behalf. VCS say I selected the driver option. Have no recollection of this and they have been unable to provide evidence of this being selected. In my appeal wording I did not say I was the driver. -VCS pursuing me on assumption I am driver. Initially said they had CCTV, now saying pursuing based on my admission in the appeal. Don't actually think I've personally received a CN from them contrary to their PoC. -I don't actually think they have ever issued me with a charge notice. Happy to take this to court and defend myself Submitted my AoS 23/4/18 and also selected contest jurisdiction due to the byelaw issues at LJLA, however have to pay a large fee ~£200 to pursue that. Is it worth pursuing the contest of jurisdiction? I think I can make a robust defence in any case based on other threads I've read on here and Pepipoo. Can I claim the fee back if successfully contest jurisdiction? Advice re next step would be appreciated thanks in advance
  6. Hi I hope you are all well. I have recently received a county court claim from VCS. It was for parking on the premises shared by a few different businesses. I went to the gym that evening and had to park a bit further out, not realising that there were boundaries set for the different businesses on the premises. The signage looks exactly the same unless scrutinised up close. I cam out out of the gym and found a ticket stuck to my window. I queried it with the staff at the gym a few days later and they said there was nothing that they could do. Lots of their members had received these fines. Their advice was to write them a letter or ignore it. Needless to say, I never parked there again but that didnt help the fact that I already received a CN from them. I have completed the details below and also logged onto MCOL and did the AOS Please advise what next step should be. I have also received a letter from VCS so looks like they are going it alone, without a solicitor. Thanks WS Name of the Claimant ? Vehicle Control Services claimants Solicitors: No Solicitor listed on claim form Date of issue –08 May 2018 What is the claim for – 1.The claim against the defendant is for breach of contract in respect to breaching the terms and conditions set on Private land. The Defendant was issued with a charge notice (CN) and has failed to settle their outstanding liabilities. 2.At all material times the defendant was the registered keeper and/or driver of the vehicle identified in the provided particulars of claim. 3.It is alleged that the defendant breached the terms and conditions of entering private land as detailed in the particulars of claim (to follow). 4.The claimant seeks the recovery of the CN and interest under section 69 of the conty court act of 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment. I will provide the defendant with separate detailed particulars within 14 days. What is the value of the claim? £185 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claim has been issues by PCN (Parking Company) Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A I also found the below CPR 31.14 to send to VCS.. I will get that in the post tomorrow unless you need more information from me.. Do I need to send a copy to the court as well and do you recommend recorded delivery of the CPR 31.14? Thanks __________________________________ To VCS [Your address] . [Their address [solicitors] . [Date] . Dear Sir or Madam, . Re: (Claimant's name) v (Your name) Case No: . CPR 31.14 Request . On (date) I received the claim formicon in this case issued by you out of the (Name) county courticon. . I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. . Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: . 1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,. . 2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 . 3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court. . You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. . Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. . Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. . Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. . In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. . If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response. . You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence. . Yours faithfully . TYPE YOUR NAME DO NOT SIGN IT
  7. Hi, I have today received a Claim Form from BW legal. The Particulars of Claim read as follows: 1.The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 01/04/2016 (Issue Date) at 13:38:43 at Smyth Street - Wakefield Anpr Vcs Scheme Std (60-100). 2.The PCN relates to xxx under registration xxx. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the defendant failed to do so. Despite demand being made the Defendant has failed to settle their outstanding liability. 3.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 01/04/2016 to 06/01/2018 being an amount of £12.92. 4The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions. The total amount of the claim is for £100 PCN + £60.00 legal costs + £12.92 interest plus £25.00 court fee plus £50.00 Legal representative's cost giving a total of £247.92. For a bit of history, I first received a PCN shortly after the above issue date, looked into it, and opted to ignore it. I have received several more since and opted to ignore them all. I have now, today, received this Claim Form. I have yet to take any action. What should my first course of action be? Should I respond to the claim online (as stated on the form, at moneyclaim.gov.uk?). What should I then do upon doing this? Please advise as soon as possible. Thank you in advance, Card_Owner.
  8. ANY ADVICE PLEASE received parking ticket sept 2012 from vcs liverpool didn't admit liability ignored all letters from bwlegal , looks like they have now passed it to dcbl firm from can't pay take it away 6 years later any advice pls I've requested all evidence and proof of contract of landowner, anyone else received a letter
  9. Hi All, Received an Invoice from Vehicle Control Solutions for allegedly stopping in a no-stopping area on a private access road at Liverpool Airport - I was not the driver of the vehicle. I've read all the posts concerning VCS and no-stopping on private land at the airport and my understanding is I should ignore everything from them until their lawyers get involved. At that stage I should send them something along these lines... "Dear VCS, In reply to your letter sent on xx/xx/2018. There has been no breach of any contractual agreement therefore I owe you nothing. Regards" If it then proceeds to court I should come back here for further advice. Have I got that all right or have I missed anything? Thanks in advance 1 Date of the infringement 16/01/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] posted: 19/01/2018 3 Date received: 23/01/18. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?} No Have you had a response? [Y/N?] N/A 7 Who is the parking company? Vehicle Control Services 8. Where exactly [carpark name and town] Liverpool John Lennon airport. For either option, does it say which appeals body they operate under. IPC
  10. Hey, I've pretty much shot myself in the foot too. I appealed and was rejected, ignored the requests for payment and now have a MoneyOnline County Court claim against me for £160. I'm confused, I used the argument that there was no free parking at Liverpool Airport, but I read stories that say there is .. did there used to be but they removed it?? On my first visit, dropping off my son, I assumed that a simple 60 second drop off/pick up would be free like Manchester, I entered the airport road it led to a roundabout, after following the signs for Drop Off/Pick Up I entered the car park, at this point I was on a one way road were I couldn't do anything but enter the car park. I dropped my son off, I was no more than a couple of minutes, I went to leave and couldn't get out of the car park without paying. A couple of weeks later when I went to pick him up I thought I might have gone into the wrong car park, I followed the same road and realised that I would be entering the same car park and I'd have to pay, I spotted a barrier and pressed the buzzer to get off the road and go back out, I then saw him, pulled over for about 60 seconds to let him in and was nailed. I appealed, it failed, I ignored and now I have a claim for £185.00 Any ideas?
  11. After sending BW Legal a letter telling them i don't intend to supply the name of the driver. I also requested proof that our leasing company had provided the name of the driver. We asked them the usual: 1 Is this land part of the Airport as defined in the byelaws? Yes or No. 2 What type of car park is it? 3 What contravention gives a cause of action? 4 Who contravened your rules? 5 Who you are pursuing? 6 How is the £160 made up? We've also stated that would be our final response and that we would be happy to defend a court claim. To which we've received no responses other than an invite to pay a discounted offer. Any suggestions on what to do next? I'm happy to ignore and wait for court letters but i don't want to put myself into a dodgy situation regarding the legal correct 'thing to do' All info/advice really appreciated and i hope i've followed protocol in starting this as a new thread.
  12. Hi everyone, I am just after a bit of advice on how best to hand a PCN issued to one of our vehicles for 'stopping' on Liverpool business park. The vehicle in question had a puncture and the driver parked up in a disused driveway, whilst waiting for the fitter to go to him to replace the tyre. We received the usual 'PCN' from VCS to which I appealed, i have now had a reply from them saying that they will only hear the appeal if I provide the drivers name and address, for which i am not prepared to do, as the appeal will be rejected and they will bombard the poor sod with their nonsense. Am i best replying to VCS now or just leave it for the time being ? Thanks,
  13. Hi I also received a PCN from VCS Ltd for stopping for 8 seconds on 28 May 17 to pick up my distraught Sister-In-Law at Liverpool Airport. She didn't go to the pick up point as arranged but thought it better to start walking towards the main road. I received the initial notice from VCS Ltd but ripped it up and binned it (so I don't know if it was within the 14 days timeframe). I then ripped up and threw away their second letter. The first letter from BW Legal came int he same envelope as a letter from VCS saying my account had been passed to their legal team. The second on says its a 'FINAL NOTICE' saying their client has instructed them to commence County Court Proceedings against me for the recovery of the Balance. I'm not quite sure what to do at this stage, I have read through lots of the forum threads and am thinking of sending BW a letter telling them I am not paying and to leave me alone. Any help would be greatly appreciated
  14. Residents had a parking scheme inflicted on them by managing agents VCS were contracted and issued tickets to residents like confetti The managing Agents have capitulated and kicked VCS off the site and are cancelling all the tickets according to an article in the Daily Mail. surely the Residents supremacy of contract would have prevailed? http://www.dailymail.co.uk/news/article-5139189/Firm-fines-people-20-000-parking-spaces.html
  15. In February 2015 I borrowed my girlfriends car to go to Liverpool Airport where I had parking booked. When I got to the airport I couldn't find the car park company I had booked. After driving round for a while I decided to ask for directions. It was 4:30 in the morning and there was no-one around except for a van parked on the path. I asked the van driver for directions but she would not help. It turns out this van was a mobile camera for Vehicle Control Services and they issued a charge while I was asking their driver for directions! My girlfriend as the registered keeper received the charge notice. After doing lots of research on the internet we took the consensus advice and ignored the notice. We received further threatening notices which we ignored. We then got threatening letters from a company called Debt Recovery Plus who threatened legal action. We did more research and discovered the Protection of freedoms Acts so we then e-mailed both Debt Recovery and VCS to inform them that I was the driver and not my girlfriend so they could not persue her for payment. We heard nothing for several months have now received a letter from a company called BW Legal who are acting for VCS. They want the original charge plus penalty. They are threatening county court proceedings. what I want to know is can they take legal action against the registered owner, even when she wasn't the driver and has informed VCS of that? Should we just pay up? Thanks in advance!
  16. 1 The date of infringement? 18/10/2017 2 Did you appeal to the parking company? Have you received a Notice To Keeper? No. Not through the post. There was a PCN style document left on the windscreen instructing to go to myparkingcharge.co.uk although it claimed 'This is not a PCN' 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) No 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] N/A 5 Who is the parking company? Vehicle Control Services Ltd --------------- I pay a monthly fee for an underground car park space on land owned by an apartment building development company. I have a tax disk style parking permit issued by VCS. The car park is patrolled by VCS. I came down this afternoon to find a myparkingcharge notification saying to log into their portal to view evidence of a parking T&C contravention. I looked over at my car park permit to find it upside down, when I was driving home yesterday with the windows open it must have shifted around and landed face down. In the 'evidence' photographs taken by the so called parking 'agent' you can see the disk. Upside down but it is obvious what it is. I have parked there for 7 months, surely he recognises my car and will have seen the disk countless times before. i.imgur.com/FJxk1pS.jpg I righted the disk and phoned VCS who advised to lodge an appeal. I looked into that but upon seeing the form that requests personal details and the requirement to check a checkbox that says "I accept these facts as they are presented" or something similar - there is absolutely no bloody way am I doing that and providing them with that information or checking that box. I pay for a valid parking permit. I'm not a paying £60 'fine' (private company issuing a fine, yeah ok) for 1) the ramifications of gravity and 2) because some **** has spotted an opportunity to extort some commission. I spoke to the landowners, the company I rent the apartment from who agreed with my point of view and said they'd contact VCS and get this ridiculous charge squashed. They have done so however I heard back saying that there is a remaining 'reduced settlement charge' of £20. I phoned VCS who said if I refused to pay they would pass the matter onto a debt collection agency. I know all about Simon Renshaw-Smith. I will not be one of his victims. Please find screenshots below of all relevant contracts/documentation. i.imgur.com/ndKKenf.jpg i.imgur.com/BSRAIVL.jpg i.imgur.com/9JOBEt0.jpg The parking permit was, after signing the above parking contract with the landlord, presented to me enclosed with the following document from VCS. 1) I did not sign this document, nor have ever explicitly agreed to accept its stipulations 2) I did not agree at any stage to explicitly enter into a contract with VCS 3) The first I knew of any association with VCS is when I opened an envelope to find this letter with permit disc attached i.imgur.com/PV4kfC4.jpg Seeking your advice and experience. Cheers guys, much appreciated.
  17. Hi all, First time here so please let me know if anything in this post should be changed. Backstory: I was in Bulgaria on business in June/July and had no knowledge of my PCN before leaving (turns out my mate moved my car out of his drive into the parking area for a couple hours where I received this PCN). Upon arriving home I find two letters, one being a final reminder sent mid June by VCS and then a debt collection notice sent by ZZPS in mid July. As I was out of the country and couldn't access my mail, I had no idea any of this was happening in my absence and had no chance to appeal the ticket in the allotted 28 days. The ticket was for £100, to be reduced to £60 if paid within two weeks and is now at £160 due to the debt collection agency add on. I haven't received any other letters regarding this claim. What I've tried: I have tried to go through the various appeals process, but when searching my ticket ref on the provided websites (namely myparkingcharge.co.uk as noted at the bottom of the VCS letter and the IPC website itself) it comes back with nothing, meaning that I couldn't have appealed it regardless. I even tried POPLA, and they can't find the ticket either. After contacting an ombudsman, they suggested to complain through the companies. VCS said that it was to go through ZZPS as they now were in charge of the debt , ZZPS replied as follows: "We must inform you that you have now passed the time frame in which an appeal can be made as appeals can only be made within 28 days of the Parking Charge Notice being issued, our client maintains that all correspondence received has been actioned accordingly and that the correct procedure has been followed. The balance of £160.00 remains payable on our systems, please refer to the back of our letter for the payment options available to you. In the absence of payment this matter will be referred to solicitors to resolve and further fees may be incurred." What do I do? If none of the appeals agencies even agree that the reference number matches any ticket, has a ticket even been issued against me? The collectors are refusing to provide evidence. I am not exactly inclined to pay this "debt" until the relevant parties prove their claim. Any advice would be appreciated as I feel like I'm about to get strong armed out of £160 Attached are the letters received, along with the website response when I search the reference. Personal info along with refs blacked out for obvious reasons.
  18. Im preparing a defence for a similar case at the minute. Could you explain how i could use the signage argument in my defence pls. Thanks!
  19. Name of the Claimant ? Vehicle Control Services Limited Date of issue – 20 April 2017 Date to acknowledge =8 May 2017 date to submit defence = 22 May 2017 What is the claim for – 1.The Claimant's Claim is for the sum of £120.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice issued on 31/12/2011 at 1.36pm at Media City Salford Quays Peel Investments. 2.The PCN relates to a Peugeot under registration XXXXXXX. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability. 3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.03 from 31/12/2011 to 19/04/2017 being an amount of £58.11. The defendant also claims £54.00 contractual costs pursuant to PCN terms and conditions. What is the value of the claim? £307.11 in total (£232.11 plus £50 court fee and £50 legal reps costs) Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? VCS Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Hi I've had a claim form through the post which I could do with some pretty urgent assistance with if possible please. another issue is that I go on holiday on 1 May and am not back home until 29 May. Details from the sticky are as above: The charge is from parking in front of some gates outside some waste land when watching football in Trafford Park. Due to the age of it I have no idea who was technically driving. It was a vehicle I leased through a work scheme and I could add anyone I wanted onto the insurance so it could easily have been my dad or brother driving if I had been having a drink at the game (it was New Years Eve). I had been receiving letters for ages and ignored them all until I had a final notice in August 2016. I emailed VCS on 17 August 2016 following some advice I had seen online and the email chain is as follows: Dear BW Legal, I write in response to your final notice, which I take to be a letter before action, dated 11th August 2016, the contents of which are noted. Please be advised my address has changed to: [New address here]. As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location, as well as the operators' contract which allows them to operate at the site (or indeed confirmation they own the land in question). As well as the information already requested please answer the following questions :- What type of car park is it ? What contravention gives a cause of action ? Who contravened your rules ? Who you are pursuing ? Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ? How is the £154 made up ? Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective. Having done some research on your claims I request that if you ignore my requests for information that your claim complies with CPR 16 Contents of the claim form 16.2 (1) The claim form must – (a) contain a concise statement of the nature of the claim Contents of the particulars of claim 16.4 (1) Particulars of claim must include – (a) a concise statement of the facts on which the claimant relies; Practice direction 16 Other matters to be included in particulars of claim 7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done. Practice direction 22 Who may sign the statement of truth 3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by (2) the legal representative of the party or litigation friend. 3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate. 3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature. 3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer. Practice direction 7E Signature 10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form. I await your response. Yours sincerely Their response on 19 August 2016 was: Good Morning, Thank you for contacting BW Legal, before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below. 1. Please complete your full name; 2. Please provide first line of your previous address and postcode; 3. Please provide your Date of Birth; 4. Please confirm an up to date contact number; 5. Please confirm this is your authorised email address. Once we receive a response to the security questions, it will then enable us to answer your email fully. Kind Regards, BW Legal Mine on 19 August was: ME [Old address] You don't need my date of birth [Note: I didn't want them to have my DOB and mobile number - I don't think they should need it] You don't need my contact number Yes this is my email address Thanks Their response on 27 August was: Dear Sir, We are unable to correspond with you via email unless the data protection questions have been correctly answered. Yours faithfully, BW Legal My response on 28 August was: OK no problem. Respond to my points raised by post. Please note the change of address. Whilst writing please confirm where you have obtain my phone number and date of birth. Following this, I didn't get a written response to my requests in my first email, just a letter of claim to my new address on 12 September 2016, a letter of claim on 28 March 2017 and a notice of county court claim issued on 20 April 2017. I appreciate I probably should have dealt with all this sooner but I thought they would have eventually gone away!
  20. Hi All, Just another request about our friends VCS We are a haulage company and occasionally deliver to a site next to L'pool airport, which comes under the VCS control area. In the past we have received the letters for stopping on a prohibited road, which we passed to the driver concerned to be paid or ignored as they saw fit to ! The last two however for drivers of Polish nationality, one who said he has to stop for a mechanical breakdown, i appealed this and subsequently to the IAS. Both were rejected and VCS even supplied a photo of the driver stood by the side of his vehicle eating a banana , in between me receiving the final appeal the driver left our employment and returned to Poland. A short while later i received another 'stopped on the road' for another Polish driver for which i have just ignored. Both instances were towards the end of last year and i have now received the first threats of court action from BW Legal ( in the same envelope lol !! ) I was just wondering what i am best doing now, replying to BW Legal or just ignore them ? Any advise would be appreciated. Thanks,
  21. Hi everyone, I'm a new user and was just wanting advice please. My car was ticketed by VCS whilst on a business park in 2011. I have never replied to any of the threatening letters that were sent out by Roxbrough etc. I assumed that the claim had been dropped but today I received a letter from BW legal. I know that anything over 6 years old is unenforceable and they are probably just "chancing" it. Would you advise getting a defence ready in case they take it to the court? Would I be able to use the defence that they cannot prove who was responsible for parking the car? Thoughts please, thanks in advance.
  22. HI All, Currently being in the process of being involved in Small Claims Track pursued by B W Legal on behalf of Vehicle Control services for a Parking charge notice. We have a strong case as there was a permit on the windscreen (phographic evidence) although car registration was not on permit. We agreed to Mediation, however it was a cancelled and we've been notified that case will be transferred to county court. Has anyone any experience of this happening or any advice gratefully accepted.
  23. Hi all, I'm on a similar path to a lot of posters on the site - having received a PCN back in April 2011, which was ignored as well as the various red letters that followed, I was surprised yesterday (3rd Dec) to receive the recovery letter from BW Legal. It was a notification that 'your account has been passed to our legal team', usual £120 PCN + fees of £54. This one was for Gallowgate, Strawberry Place, Newcastle upon Tyne. I have read a lot of posts and much appreciate the advice, takes the worry away, but just to confirm, what do I do now? Ignore pending further letters or write back with the simple letter along the lines of: "Dear Sir/Madam Your Ref: **** I refer to your letter dated ***. I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended. You should note that this charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. I will not respond to any further communication on this unless it comes from a court. I trust I have made myself clear. Yours faithfully" Obviously the 6 years statute of limitations will arrive next April 2017, and as it is pre POFA per other posts part of me would love the chance of a day in court. But confirmation of next steps would be much appreciated. PS - I moved house a few years back yet the letter has come to my new address. From reading other posts about default CCJs and old addresses I suppose I should be pleased it has? Thanks
  24. Hi, I was issued a Final Notice from bwlegal 18th July for an alleged contravention on 28/03/2016 I sent a hand written letter in April which I have annoyingly misplaced the copy of along with the original PCN letter from VCS. I have had another letter from VCS stating it was too late to appeal and then a letter to notify it had been passed to their legal team, bwlegal. This was with the first letter from bwlegal that they have been instructed by their client of a balance due etc. Then the Final Notice letter. I have read a few threads on the forum from people who were issued a similar PCN by the same company and the template letter used. I have used that template and was going to send the below response to bwlegal but was just after some additional opinions or advice if this seems an OK way to proceed. 28th July 2016 Dear Sirs Your xxxxx I refer to your “Final Notice” letter dated 18th July 2016. Firstly, I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended. Second, I wrote a letter in April to your client clearly explaining the mitigating circumstances why I had pulled over which was to tend to my 2 year old daughter who was being sick. I was stationary for less than 10 minutes and did not switch off the engine! Third, should it be your clients intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Paragraph 2 of the Practice Direction on Pre-action conduct. Please note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions. In the meantime, you should note that this charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. Failure to do so will result in a complaint to the Credit Services Association. I trust I have made myself clear. Yours faithfully ----------------------------------------------------------------------------------------- Thanks, B
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