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    • I've just had a very interesting chat with somebody who's been in the water industry for a large number of years. First of all, the kind of situation you have – a company such as One Utility undertaking the management of the utilities bills is not uncommon with blocks of flats and in fact the utilities companies rather like it although I understand that at least one or two water companies have started become rather cautious about it and have started to withdraw from these arrangements. However, the advantage to the utilities companies – as you can imagine – is that they don't have to be bothered chasing lots of tenants who may come and go and the bills unpaid et cetera. That then becomes the responsibility/legal liability of the utilities management company such as One Utility. My source tells me that it is absolutely normal for these companies to be receiving commissions from the utilities companies that they are dealing with and also to have negotiated a favourable rate because they are effectively making bulk purchases. I'm sure the latter is true of One Utility. I don't know if they are receiving any commission – apparently they have told you that they are not. On the water issue, I have been advised to ask you certain questions. How many other tenants are there in the block of flats? Is the water supply to the block of flats metered? The assumption is that if it is metered then there is simply a single meter to the entire block –?? It would be extraordinary if there was a separate metre to each flat. Has the £40 increase been applied to each one of the flats? If you are the sole person to have received this £40 increase then how would One Utility know that it is your flat which is using excessive water if the water meter simply measured water consumption for the whole building? If on the other hand there is no water meter then it means that each one of flats would be charged water according to its rateable value. This means that they would be a flat annual charge and any excessive water consumption caused by leakage or a change in living culture – or alternatively a reduction in water usage for any reason, would not be reflected in the water bill. It would be a static unchanging water bill. So please could you give us some answers to the above? Also I still would like to know if the errors which have been caused by One Utility have caused you any losses. This is an important question because if they have then this might give us a little opening to a possible line of action.
    • This is there because the original letter was sent to a firm of solicitors. You are not writing to them but to VCS directly so Simple Simon is the person you refer to  as Simon Renshaw-Smith owns both VCS and Excel Parking and often forgets which company is doing what.  so to write to VCS you say Dear Sirs, i am in receipt of your latest missive and from the moment I picked it up to the moment I put it down I was convulsed in laughter, someday I intend to read it but until the time hell freezes over simple Simon knows that the byelaws override any possible contractual offer and anyways a prohibition is not an offer of a parking contract. As he has had many a spanking in court simple Simon also knows that he wil be paying my full costs for unreasobale conduct and I may well sue you for breach of the GDPR as per VCS v Phillip, Liverpool CC dec 2016 and other cases.
    • We never said to cca moorcroft! their client
    • Hi again, I’m sorry if I’ve caused offence, I can assure you I take the forums and advice you all take time to give extremely seriously. Personally I find previous posts difficult to locate, i don’t know if I go about it the wrong way - and as I’ve said many times before I’m not the best with technology. So I apologise if asking for advice on something that maybe obvious to you, causes annoyance - it’s genuinely not a case of wanting to moan on the internet. Believe me, it took me almost an hour to type the original post as I struggle to type due to my health. I am always extremely grateful of your time when responding, the site has given me some invaluable advice in the past.  Thank you again for your help. H
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Emz87

2011 VCS Private parking charge - now BW letter

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Hi,

Would really appreciate some advise before my next step.

 

A few months go I started receiving letters about parking charge i received from VCS from 2011 I had long ago forgotten about.

 

 

I ignored the first few until I received one from BW Legal.

 

 

After looking through threads on this forum I sent them a one line letter claiming I didn't know who the driver was at the time.

 

 

Today I have received another letter from BW acknowledging my letter but also saying

" we confirm that in the absence of driver details we are instructed to pursue you for payment of the outstanding balance"

 

From reading through this forum am I right in thinking they are very wrong with it being before the 2012?

 

I am thinking my next step should be to reply to BW stating this ?

 

Any advice on what to do next would be great.

 

Thank you in advance.

 

Emz

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quite correct

you now ignore them.

 

 

unless or until you get a claim form


..

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Hi

Agree with DX. What you do need to be aware of is that around the time of the event, VCS (and sister company Excel) were members of the BPA. In early 2015, they moved to the IPC and will base any claim on who they are with now. They shouldn't be doing this.

 

At the date of the event (2011) PoFA was not in place meaning that ONLY the driver could be pursued, not the keeper. With them stating that they are going after the keeper will not wash.

 

If they think this will scare you into paying, they are sadly wrong.

 

If court papers do arrive, I would mention that this case could be seen as vexatious as they knew they couldn't take any action. If the judge agreed, he may allow LiP costs against VCS which could cost them dear.


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Thank you so much silver and DX. Not a chance are they gonna scare me into paying. I will sit tight.

 

Emz

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agree with the above comments,

it all smacks of desperation and greed,

they know that they have no chance of winning a defended claim

so hope that you are scared into paying them.

 

As a decent percentage of people either pay up or ignore it to the point they geta default CCJ then it is worth them trying it on.

 

Now you have made them aware that you are not burying your head in the sand they know that chasing you will cost them money so they will probably now go quiet again.

 

Also, note the wording of their response

- they say instructed to pursue you, not take legal action on behalf of their client

so you may read this as they are for some reason going to harass you and then blame their customer if you complain.

 

Well, I would keep that letter safe for the moment and use it a evidence to the SRA should they continue to write to you.

 

They are not ignorant of the law, they are solicitors for god's sake.

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Thanks erics. Yes I will keep the letter safe and wait for what rubbish scare tactics they are going to try next !!

 

Emz

 

Do you think I should reply to BW just to stress that I am aware of PoFA and that I will be defending any claim if made ? I am just thinking this would shut them up and stop them from even trying to claim.

 

Thanks Emz

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no, any further correspondence will look like weakness and may come back to bite you. They know what is waht, at the moment they dont know what you know and they will have to risk their money to find out. Continue playing letter tennis and they get to know your limitations for free.

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Ok thanks

 

Emz

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