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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 33 replies

VCS ANPR PCN Claimform - overstay St Marys Gate, retail park, Sheffield **WON+COSTS**


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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!:mad2:)

 

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:|

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Others much more knowledgeable than me will be on in the morning.

 

Meanwhile, while paying £60 is better than paying £100, paying £0 is even better :wink:

 

You've already hinted that the signage was rubbish so that is immediately a stick to beat VCS with. I'm sure the regulars will agree with your suggestion of going back and photographing the signage.

 

In any case don't panic, help is on its way, this site is great for advice on how to beat the PPC sharks!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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can you please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

and scan the NTK up to pdf please

read upload

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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we need to see te letter they sent you.

To make a claim against a motorist the parking co needs to follow certain steps prescribed by law and if this is the first you know about this then they havent used the conditions that allow them to claim anything.

 

However, that doesnt stop them from lying through their teeth

first advice is do not contact them as they will see that as a sign you are likely to pay up if they tell a few more lies or apply pressure by continuing to harass you.

There isnt a short term fix to this as they are more pernicious than head lice.

 

When we have seen their NTK (letter you got) we can tell you why it is faulty but that doesnt mean you contact them to tell them this, they know already but dont care, they are just after the money.

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Sorry what is POFA?

 

POFA is (the ironically named) Protection of Freedoms Act 2012. Specifically Schedule 4 (when talking about Private Parking matters).

 

Click here

 

 

Also, have a look at this post for a list of all the usual abbreviations that you'll find in this area of the forum.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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This was my parking charge.

I can't see anything about the freedom act on the form.

 

I am still lost as to what to do next.

 

The charge goes up to £100 on Wednesday

 

I need to decide if to pay it or not can anyone shed any light please?

 

Dx100uk thank you so much for helping me out on Friday.

 

Would you still like me to complete the form you mentioned now I have uploaded the letter?

 

When I click on the link it takes me to the list of discussions I think. I'll try again now x

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you don't need to abide by any stupid time limits as you ain't paying nowt anyway

its a speculative invoice

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

complete this please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I found the form and I have answered the questions below. Thank you x

 

Its a parking charge notice

 

For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement 24/10/17

2 Date on the NTK 29/11/17

3 Date received 6/12/17

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? NO

 

5 Is there any photographic evidence of the event? Yes (cant see the driver)

 

6 Have you appealed? No

Have you had a response?

 

7 Who is the parking company? VCS

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure, please check here

 

IAS and they are acreddited by the IPC and registered with CCAS and have the UKAS logo on the letter

 

If you have received any other correspondence, please mention it here no

 

Woohoo that sounds promising!

 

you don't need to abide by any stupid time limits as you ain't paying nowt anyway

its a speculative invoice

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they are well and truly timed out for keeper liability but to be honest they dont care,

their notices arent up to scratch anyway and they are more than happy to lie through their teeth at a later stage

 

your tactics should now be making them waste their money and then hit them hard just once at the end of this exercise to let them know that you are no mug and arent going to be cowed by their abuse of process.

 

This will take a while

 

just hold your nerve and we will advise you when the time comes what to say.

 

In the maenwhile get some piccies of

the site and

its signage

as per every other thread,

entrance from public highway,

position of signs etc.

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Thank you!

I will get the pics and trust you

 

just to be clear,

you don't think I will be taken to court?

You think I should sit tight and wait for bailiff letter etc and then you will tell me how to respond?

 

It seems like they have taken ages to contact me have they broken any laws etc is that what you mean by timed out for keeper liability?

 

Should I be worried about the fact they are accredited?

 

I am worried that they will take me to court and the costs will end up being huge.

Sorry for the questions but what is exactly wrong with their invoice and how are you so sure I am safe?

 

You are amazing getting back to me so quickly and I will be certainly making a donation so long as I don't have to pay this chuffing charge : )

 

PS I haven't had time to read many other threads, poorly and very clingy baby last few days x

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Thank you!

I will get the pics and trust you

 

just to be clear,

you don't think I will be taken to court? no

You think I should sit tight and wait for bailiff letter etc and then you will tell me how to respond? what bailiff letter? who said that?

if you mean a letter from a DCA, they ARE NOT BAILIFFS, and are totally powerless.

 

It seems like they have taken ages to contact me have they broken any laws etc is that what you mean by timed out for keeper liability?

go read this again

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Should I be worried about the fact they are accredited? with whom..an old boys network?

 

I am worried that they will take me to court and the costs will end up being huge. nope costs are limited in small claim if they are that stupid..

Sorry for the questions but what is exactly wrong with their invoice and how are you so sure I am safe? - go read a few threads.

 

You are amazing getting back to me so quickly and I will be certainly making a donation so long as I don't have to pay this chuffing charge : )

 

PS I haven't had time to read many other threads, poorly and very clingy baby last few days x

 

 

you'll get there..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you don't think I will be taken to court?

 

Even if you are, you have ABSOLUTELY NOTHING to worry about.

 

A single line defence statement will beat these clowns. They've timed out and there cannot be any keeper liability. It's as simple as that. But don't worry, if it get's as far as court, between us, we'll formulate far more than a one line defence!

 

There's so much wrong with their case, they've got no chance of winning as long as you don't give in to them.

 

You think I should sit tight and wait for bailiff letter etc and then you will tell me how to respond?

 

If won't be a bailiff letter, it'll be from their pet, toothless (so called) debt collectors. They have no power to do anything apart from write you scary letters.

 

It seems like they have taken ages to contact me have they broken any laws etc is that what you mean by timed out for keeper liability?

 

Under the (ironically named) Protection of Freedoms Act 2012, Schedule 4. They have a certain amount of time to contact the keeper. 14 days from the day after the parking event (for ANPR, which this is)

 

Should I be worried about the fact they are accredited?

 

I'm accredited too. Worried?

 

I am worried that they will take me to court and the costs will end up being huge.

 

If they take you to court, the costs will be huge. FOR THEM! As they'll have to pay your costs too. Win Win :razz:

 

Sorry for the questions but what is exactly wrong with their invoice and how are you so sure I am safe?

 

Experience :wink:

 

You are amazing getting back to me so quickly and I will be certainly making a donation so long as I don't have to pay this chuffing charge : )

 

Get that donation ready :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 5 weeks later...

nothing ignore

the start of many chain letters that make them change crayon colours soon

 

plenty of VCS or excel threads here to read

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

I don't even need to look at the attachment.

 

NO!

 

 

Daft Recovery Pass can't do anything and can be completely ignored. They're just paid to write you scary letters in the hope that you'll fall for it and pay up.

 

I've got a drawer full of them :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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why say gulp?

 

explain yourself..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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