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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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divadeb

VCS PCN August 2014 - now bw legal letter st Andrews Retail park in Hull.

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Asking on behalf of my son.

He got a parking fine 2nd August 2014 but never paid it. He got a couple of reminder letters a month or two later but ignored them aswel. He has not heard anything until today when he got a letter from bw legal asking him to contact them.

It says they might take him to court if he does not pay.

Does he pay them or ignore ?

Thanks.

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he didn't get a fine

read the letters properly...

its a speculative parking invoice.

 

 

however he needs to be careful.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=vcs+excel+BW&sa=Search+CAG#gsc.tab=0&gsc.q=vcs%20excel%20BW&gsc.page=1

 

 

whos the parking company VCS or excel?


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then read those threads in that link

yu can ignore them

but DO NOT

ignore a claimform.

 

 

when did he park there .. last year I bet


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He parked there August 2014. I'll show him the links when he pops round.

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that's the earliest one I've seen so far

where did he park?


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He parked at St Andrews Retail park in Hull. The parking charge notice is £100 and £54 legal costs.

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OK,

did he do anything at the time about this?

ie: did he respond to their demand.

 

If not, it is easier to respond now and that is to say that

"no keeper liability under the POFA has been created by any correspondence

received by the keeper of the vehicle reg xxx yyy and therfore this claim is denied in its entirety.

Please refer the matter back to your client"

 

If he does nothing they will sue him,

there is a lot of that going about from BW/VCS/Excel and creating a paper trail

makes is less likely that he will be next in line for that treatment.

 

Also, if possible give us the full details and we will advise of what to be thinking about doing next

 

I note that on google there is an unreadbale sign that is next to the exit roadway that you cannot see when entering the car park,

 

 

miniscule lettering etc so when it comes to it inadequate signage will be a strong argument,

 

 

the signs around the car park are 9 feet off the ground and interspersed with adverts for car cleaning, golf equipment and general advertisements

so that isnt going to impress anyone either.

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Ericsbrother thanks for the reply.

I told him to ignore it and that's what he's done. He has not replied to any of the 3 letters he received, it's been nearly 2 years since they last contacted him.

Is there a template letter he can send for no keeper liability ? What details do you require ?

Thanks again.

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just send the words in the inverted commas using their reference number.

Do you have any of the correspondence from the parking co or BW? If so tell us what was received and when.

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We don't have any letters as he just put them in the bin when he got them. We've not heard from them for nearly 2 years.

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has your son sent the denial letter yet>? he shopuldnt delay or they will see him as easy pickings and sue.

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The denial letter has been wrote today and is going to be sent registered post tomorrow.

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Just a quick update.......

After sending denial letter in June 2016 not heard a thing so thought was all ok.

Today my son has received a letter from Northampton county court for the parking fine.

Can someone give him advice on what to do please.

Thanks in advance

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Its not a fine as you've been told before!!!

 

And its not a letter he has

Its a claimform is it not?


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Right this is what it says.

Top of letter it says Claim Form....... Right hand top corner In the County Court Buisness Centre, the claim number and issue date.

Then left side says Claimant which is Vehicle Control

Address for sending payment or documents.

Then there is my sons name.

Particulars of claim read

The claimants claim is for the sum of £100 being monies due from the defendant to the claimant in respect of a Parking Charge Notice issued on 02/08/2014 at 13.33.10 at St Andrew retail park ANpr VCS scheme Std.

It then goes on to name the make of my sons car and the registration number.

The claim also includes statuary intrest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 02/08/2014 to 20/09/2016 being an amount of £15.62. The claimant also claims £54 contractual costs pursuant to PCN terms and conditions.

 

On the left hand side it says .... You have a limited time in which to reply to this claim form.

Please read all the guidance notes on the back of the form.

You can respond to this claim online. Log on to http://www.moneyclaim.gov.uk.

Then there is a password to use.

There is also a response pack included.

 

Thanks guys.

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What's the difference dx100 with this form and other forms. Not seen this one before.

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none bit it give us all the info we need in one post

please fill it out


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your son has 12 days to respond but at the moment all that needs to be done is to acknowledge the claim and tick the box saying he intends to defend in full.

He will then have another fortnight to say what his defence is and that only needs to be a skeleton argument such as protocols of POFA not adhered to so no keeper liability.

we will advise you of other points but we would like to see the original NTK and an image of the signage at the car park entrance and any other signs in the car park beofe giving a lst of reasons why the claim is duff

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ericsbrother......can you give me an idea what my son writes in the Defence box on the form please, cheers.

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can you fill that link out please and post the Q&A back here.

 

 

have you done ack[aos] on mcol and sent cpr


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Name of the Claimant ? Vehicle Control services

Date of issue – 21st Seotember 2016

 

1.the claimants 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 02/08/2014 issue date at 13.33.10 at St Andrews Retail Park ANpr VCS scheme std (60-100)

The PCN relates to Renault registration ######.

 

2. The terms of the PNC 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 there outstanding liability.

 

3.The claim also includes the statuary intrest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 02/08/2014 to 20/09/2016 being an amount of £15.62.

The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions.

 

What is the value of the claim? £244.62

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 ? VCS.

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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you can use the very short defence of "no contractual obligation ever created between defendant and plaintiff" and leave it at that for the moment and then get all of your evidence sorted out regarding signage, letters from parking co, planning, etc.

 

In the meanwhile

send a CPR 31.14 document request to Gladstones asking for sight of

 

the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

 

Planning Permission for their signage under the Town and Country Planning Act 2007,

 

copies of the notice to driver,

 

notice to keeper and any other correspondence from VCS or Gladstones to the defendant.

 

Give them 14 days to comply

 

 

There are template letters on many posts here if you want to wordify it a bit but dont change what you are asking for.

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