VCS CCTV PCN Claimform - no stopping - Access Road to Pontefract Race Course, WF8 4PR***Claim Struck Out***

[silverfox1961]

OOH! Final demand

 

In the event that we commence county court Proceedings against you for the recovery of any Outstanding Balance, we will also seek recovery of any associated Court Fees, Solicitors Costs and Statutory Interest.

 

Yeah right! What they fail to mention is that the extra £60 cannot be claimed for but they will try and include it. The extra costs are fixed so even if you lost a case, you would end up paying less than £200 but that isn't going to happen.

 

affect my current employment or future prospects of employment

 

If you work in the financial sector and didn't pay a judgement then and only then it may affect employment or future employment.

 

What they don't say is that IF you lost (again-won't happen) you still have time to pay the judgement and if done so, no record is included on your credit file.

 

Misleading by omission is still misleading

[pinkabvelvet]

thanks for the reply Silverfox, they are definitely playing a dirty game!

[pinkabvelvet]

Hi All,

I hope that you had a lovely Xmas and are having a nice relaxing break.

I received a "LETTER BEFORE CLAIM" letter yesterday from the VHS, dated 20/12/18.

There is a reply form in this letter that they say has to be responded to by 19/01/2019 or they will commence legal proceedings. Is this the letter that I have to respond to?

 

Thanks for your help & time.

[FTMDave]

Can you upload it (minus your personal details?)

 

I know the experts here recommend replying to a letter before claim. There are a number of examples on recent threads, invariably classics by Ericsbrother, giving the other side a load of abuse and pointing out the law, all to show them it would be a very bad idea to take you to court.

 

For example you could adapt post 42 here https://www.consumeractiongroup.co.uk/forum/showthread.php?484423-VCS-PCN-Liverpool-Airport-No-Stopping/page3

[pinkabvelvet]

Hi FTMDave - would i still complete the Reply Form? Or should i just send the letter like in post 42?

 

Thank you

[dx100uk]

just the snotty letter.

 

dx

[pinkabvelvet]

Hi All - I will change the wording slightly as the letter is from the VCS litigation dept rather than an "independent" firm. I hope this is still acceptable?!

 

Thank you!

 

Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the land is covered by its own byelaws, the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense.

As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey Civil Procedure as well.

Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA as per VCS V Philip, Liverpool CC Dec 2016.

Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.

[FTMDave]

I would cut out the bit about bye-laws and solicitors as your case is different, and update the part about data protection. So something like:

 

Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense.

As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness.

Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/GDPR as per VCS V Philip, Liverpool CC Dec 2016.

Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed!

[FTMDave]

Sorry, I'll try again:

 

Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense.

As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness.

Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/GDPR as per VCS V Philip, Liverpool CC Dec 2016.

Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.

[ericsbrother]

you should drop the last 3 words as it was originally aimed at BWL.

[pinkabvelvet]

Morning All, hope everyone is doing well?

I haven't had any further correspondence from VCS following the letter I sent to them on 31/12/18 - i suppose it's just wishful thinking but perhaps might they have decided to drop it?

[brassnecked]

Just kerep a\ll your evidence and the letter safe, in case they try something later on if they did send a genuine LBA come back here.

[ericsbrother]

when they have cashflow problems they tend to dig out old demands and hope that you have binned all of your paperwork so you need to keep it safe for 6 years

[pinkabvelvet]

Hi Everyone,

I have now received a letter from the County Court Business Centre, dated 5th April. 

How should I respond to this one? I have uploaded it for you all to see too.

Thanks in advance for your help

 

[ericsbrother]

you need to acknowledge the claim  and the best way is to do so online via the gov.uk website.

 

All you need to do at this stage is to tick the elecronic box saying you intend to defend in full and then you have a month from the date of the claim to file an outline defence.

 

we suggest that you take this time to send a CPR 31.14 request to VCS  and ask for sight of

(1) the contract with the landowner that assigns the right to allow them to enter into contracts with the public and to make civil claims in their own name

 

(2) the planning permission granted for their cameras and signage. give them 14 days to respond

 

Now they wont be able to supply either of these as we know from another case so when they dotn respond you can put in your defence that you do not beliebe they have the necessary permissions to give them locus standi in this matter (as well as denying a contract was formed to break for several reasons either).

 

they will then drag it out  and you will get an allocation questionnaire from the court and it is unlikely that VCS will go further than that as they know their claim is lost the moment it gets in front of a judge but tey hope that you are having kittens becasue you have received a court claim and will pay them just to make them go away.

[dx100uk]

please never post unredacted docs to an anon forum

I've removed it we don't need it

please complete this:

 

 

[lookinforinfo]

I cannot believe VCS have been so stupid as to instigate Court proceedings. Not only has it cost them money to take it to Court with no chance of winning, but left themselves  open to a demand for breach of GDPR.

[pinkabvelvet]

Morning All, 

I tried yesterday and again this morning to go onto the gov.uk website but the "service is unavilable" to acknowladge the claim. Is there an alternative way to respond? Please see below answers to q's, hopefully I haven't included any sensitive information. Another thing i though i might mention, in relation to the GDPR comment, I am sure it is not just a coincidence that I have been receiving a lot of junk mail via post as well as telemarketers on my home phone (I am ex-directory).

Thank you

 

one important point:

YOU MUST NOT MISS FILING YOUR DEFENCE BY DAY 33 From the date top right of the claimform. [that date being ONE in the count]

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Vehicle Control Services Ltd (Signed by Simon Renshaw Smith)

claimants Solicitors: THEY HAVE NOT STATED A SOLICITOR'S NAME 

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 05 April 2019

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 05 + 19 days ( 5 day for service + 14 days to acknowledge) = 23 + 14 days to submit defence = XX (33 days in total) - I calculate it to Monday 6th May, but perhaps you can help to check?

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim(verbatim) less any identifiable data and round the amounts up/down.

( Particulars of Claim are in the box to left of the N1 page 1)

The Claimant's claim is for the sum of £160 being monies due from the Defendant to the Claimant in respect of a charge notice (CN) for a contravention on 25/09/2018 at Access Road to Pontefract Race Course Phase 2. The CN relates to a Citroen xxx under the registration xxx. The terms of the CN allowed the Defendant 28 days from the Issue Date to pay the CN, but the Defendant failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liability. The Claimant seeks 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 to the date of Judgement or earlier payment.

 

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

 

What is the value of the claim? Amount Claimed £160 Court Fee £25.00 Total Amount: £185.00

 

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 ? The claim has been issue by the Private Parking Company 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have received the original PCN (dated 02/10/18), a letter in response to my appeal (dated 17/10/18), a demand for payment (dated 19/11/2018), a final demand (dated 04/12/18), a letter before claim (dated 20/12/2018) and finally this claim form dated (05/04/19). So fair, nothing with "Notice of Assignment" as the title.

[pinkabvelvet]

Hi Again,

I have managed to finally log on to the Gov website.

Do I select the "Acknowledgement of Service" option (If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS)) 

 

or do I select "Response Form - Start a Defence" (If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.)

 

Thank you

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

[pinkabvelvet]

Thanks dx100UK - i have done the MCOL part and I am just working on the CPR 31.14, the section where it asks for "documents mentioned in Particulars of Claim"  - it doesnt seem to mention any of those documents ie, agreement, notice of assignment, default notice etc. etc. Should I keep point 1 and delete points 2 - 6?

Once I have sent this CPR off do i then file my defence?

Thanks so much for your help

[dx100uk]

clicking the wrong CPR link

click the big one

you send it as is!!

 

 

you DONT yet file your defence..

 

get reading up too

there are 1000's of PPC claimform threads here to educate yourself.

 

 

 

[pinkabvelvet]

Hi Dx100uk,

Thanks for pointing me to the correct CPR form, I will get that sent out right away.

 

[pinkabvelvet]

- Defence, basically my car broke down and I ground to halt. I didn't see any signs until after my car had completely conked out and I got out of the car. Would this fall under defence number 5?

 

Thank you

 

 

[pinkabvelvet]

Morning dx, 

thank you yes I got 7th May

- so I will make sure I have my defence prepared for this date and I already posted the CPR letter. 

 

I have been looking online and trying to see other people’s defences with a similar situation to mine so hopefully I can muster up something suitable.  

 

Should I also try and find out who the landowner is and inform them that VCS are harassing people?

 

I would also like to take it to the local press - but I don’t want this to harm my defence so perhaps it’s better to wait a little? 

 

Hi ericsbrother - yes I replied to that before I sent off the CPR letter!

 

Thank you for double checking