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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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VCS CCTV PCN - No Stopping - Outside entrance to southend airport SS2 6YF (Lay Rep too) ***Claim Dismissed***


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Hello. I could do with some assistance with a NTK.

Your thoughts and advice appreciated.

Background:

The Driver stopped to load a disabled passenger and a bag.

The area was deserted all bar one other vehicle and it was dark and foggy, vehicle stopped for no more than 1 ½ minutes

Someway before the the area in question and before a junction, there are two signs stating “no stopping on access roads” there is no signage to say which are access roads, all other signs relating to the area in question are (conveniently for them) placed low down on Iron railings at 90 degrees to any vehicle using the road i.e. not facing the driver.

The NTK states:

The “Reasons for this charge”. Are, “104 Stopping to pick up/drop off in a restricted zone.”

The charge notice states a “the period of parking to which this notice relates to immediately preceding the time of event stated in this notice”

So is it parked or stopped to load?

The notice says that if you were not the driver, you CAN notify them of the drivers details.

If I were to supply the drivers details would that not be against data protection legislation?

I can't think that I am under any legal obligation to supply that information.

 

ANPR charge

1 Date of the infringement 28th 12 2020

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 4th 01 2021

3 Date received 09 01 2021

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?] post up your appeal]  no

Have you had a response? [Y/N?] post it up n/a

7 Who is the parking company? Vehicle Control Services LTD

8. Where exactly [carpark name and town] Outside entrance to southend airport SS2 6YF

For either option, does it say which appeals body they operate under. No . How to Appeal says www.myparkingcharge.co.uk

There are two official bodies, the BPA and the IAS. If you are unsure, (International Parking Community) IPC

If you have received any other correspondence, please mention it here none

TIA

 

2021-01-04 NTK For PCN incident 2020-12-28.pdf

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  • dx100uk changed the title to VCS CCTV PCN - No Stopping - Outside entrance to southend airport SS2 6YF

Programmable Search Engine (google.com)

 

clickme ^^^

get reading up ...do not appeal

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 were not parked  you are being charged with stopping in a no stopping area. 

 

Your PCN does not mention PoFA but at the bottom of the first page it makes an attempt which fails.

 

The Act which governs private parking companies allow them to transfer the parking charge to the keeper from the driver if the driver has not paid or their name and address have not been given to the parking company after 28 days.

 

What the Act does not say is that it will be assumed that the keeper is the driver.

The keeper does not have to be the driver to be responsible for the amount outstanding, providing there is a contract formed between VCS in this case and the driver.

 

You will probably have read by now that as their sign was stopping you from doing something no contract can be formed.....

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Thank you for the assistance so far.

What better way to while away a few lock down hours than to  read about Vehicle Control Services and Mr Smith. Having done so,   as far as I can see I just await  the  inevitable,  more scary letters with road signs on? or a Letter before action.

"Your  PCN does not mention PoFA but at the bottom of the first page it makes an attempt which fails".    Is that something I can use at  a later date?

I am still slightly bemused by the fact that the NTK states that the charge is for stopping,  but that the charge notice was given as a result of parking?  the car could not have been doing both at the same time. Probably only a small point, but small points seem to matter in these cases.

Thinking  out loud and as a matter of interest.   If  the keeper passed on the driver details to VCS within 28 days and  the driver then did not pay or respond to the claim then it seems it is assumed that the keeper should be responsible,  does not seem to be either fair, reasonable or reliable  grounds for a court case

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you don't need to be a solicitor

1000's of joe public have won against simple simon.

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...

Hello

what appears to be the Letter Before Claim has arrived.

I have got this far with the response.

Dear Simple Simon

With reference to your speculative invoice Ref VCS 0000

There is absolutely no intention of contributing to what must almost certainly be your healthy income by paying the above without substance claim.

Conversely the next time your vehicle comes to a stop. if you would like to dip into your without merit income, please forward a cheque in the sum £160 to a Charity of your choice.

I draw your attention to your original spurious invoice dated 22/02/2021 which states “REASON FOR CHARGE 104) STOPPING TO PICK UP/DROP OFF IN A RESTRICTED ZONE”.

Thank you for your reference to Parking Eye v Beavis. Which may have had some relevance had the vehicle in question been parked.

In the same manner, you may wish to refer to One Parking Solutions V Ms. W claim number F0HM9E9Z.

As the case is more relevant, it would be more beneficial for your future victims to include that in favour of your current suggestion. I am sure your Debt Management Team could further their legal expertise by studying the case.

As Southend Airport is not “relevant land” under the POFA it would appear that you have contravened the GDPR by obtaining information from DVLA without justification.

Please provide evidence of authorisation (not an employee as in the One Parking Solutions V Ms. W ) that your are empowered to collect or issue charges of any kind on Southend Airport which is governed by it's own Bye Laws.

If you commence legal proceedings, all and full costs will be sought including costs so far plus the current Court interest rate should it become applicable.

If there is no response within 14 days the matter will be considered closed.

...........................

I am a bit out of my depth here so any help on any further additions or removals is much appreciated.

Not sure if it matters at this stage, but the identity of the driver has not been disclosed to the opposition. demand for Payment.pdf

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Was the fleecers' letter headed Letter Before Claim/Letter Before Action/Letter of Claim?

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

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PDF sorted and back up above

that is not a letter of claim

 

clearly says demand for payment .

 

and when you get the DCA letters...

 

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... 

 

 

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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The work you've put in to look up legal cases may come in handy later on, so keep all the info.

 

However, as dx says, you haven't received a LBC so ignore this latest bilge from VCS.

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

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Thank you so much for sorting out the upload/pdf business, much appreciated.

The advice given  is very reassuring, thank you.

 

I was assuming as the letter had  "the company intends to take you to Court" and it had all other  relevant details that it was the LBC.

 

I am trembling in my boots because " my account has been passed to our Debt Collection Team". I am not really sure how they can give me an account without my consent?

 

During the research I read somewhere about someone who had taken DVLA to task over them inappropriately  giving out the driver details, did anything  positive come out of that? I could not find the outcome of that case.

 

I am still totally astounded that VCS can operate a business that,  at least in this case an outright and without question  scam on the public.

 

Incredible that in  modern day society with all the consumer rules, regulations and laws that Parasites like the Pieman can operate with impunity , beyond belief!

 

 

 

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I can imagine that the first time you get these letters, it can be worrying.

 

We've seen them hundreds of times though, and are wise to Simple Simon's ways.

 

Don't worry, VCS don't have a "Debt Collection Team", unless you count the YTS kid who sticks these standard "threatening" letters into their envelopes.

 

Relax for the moment, but do come back here if you get a letter which is headed "Letter Before Claim" or similar.

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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please never be scared of a powerless DCA on ANY DEBT, they are not bailiffs and have ZERO legal powers.

 

 

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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Thank you for your assurance. The trembling in my boots was tongue in cheek to be honest. They probably put a different hat  on to be raised to the dizzy heights of  the  "debt management  team"

 

It made me laugh that I now have an account with them, maybe I should ask for an advance !

 

Still interested in DVLA  giving out details when they should not.

 

 

 

 

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To answer your question in post 4, yes you can use it. The Notice to Keeper is not compliant with PoFA. as VCS' version doesn't invoke PoFA  for their  transfer of liability from driver to keeper. Instead it just says that they assume the driver and the keeper are the same, which the Law does not assume.

 

The relevant piece is PoFA Schedule 4 s8 or s9  

2  (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

That is not what your PCN states so they can only pursue you as the driver not the keeper. And they cannot assume you are the driver.

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Thank you for that. Further ammunition should it be required. I will be back when and if the LBC arrives..

 

It is so annoying having to go through having to waste our time researching something many of us have no idea about and  all the worry of whether or not we will end up in a  Court. I can see how the predatory behaviour of these companies result in folk just coughing up, as it is an easier option than going through the alternative.

 

Thankfully there are still some decent people left to assist  those who do not like to be taken advantage of.

Thank you

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  • 2 weeks later...

Hello.

I was wondering if they will pass this on to a debt collection company?  and how would I deal with them should they arrive on the doorstep. I am a bit worried about this as I am a tenant.

Due to the way the house is laid out it is usual for callers to  knock on the landlord"s door, rather than walk round the back of the house.  For obvious reasons I don't really want my landlord to be thinking I am being chased for debts.

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You ignore letters from a DCA, they are not bailiffs are powerless and they won't send anyone to knock on the door A letter is full of if but and maybe  with no defini=te Will statement.

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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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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IF.

 

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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  • 2 weeks later...

I expect they are suffering from dementia. They have forgotten that they have sent you several final letters before. Either that or they are unaware of the meaning of final. They aren't the sharpest knives in the drawer.  Just ignore them and they may go away.  They may also decide to offer you a price reduction......................... they are really kind hearted that way.  Not.

Edited by lookinforinfo
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Hello.

Seems like they have woken up.

The LBC  has arrived along with a very detailed reply form, which unless I am advised differently I will not waste my time on. Can't believe they have the cheek to ask for so much information including a Standard Financial statement

Section 4 of their reply form Box 1-1.   "I need more documents or information".

Would it be a good idea to ask  them for proof of their authority from the owners of the Airport  for  imposing and collecting  parking charges on their behalf. Seems to me to be  a reasonable request from the recipient of a LBA letter from a company that is threatening Court Action. Surely  without that  authority  that they have nothing?

Or is it time to tidy up/improve  the Simple Simon letter above?

thank you

NN

Is the letter in the  above ( post no. 9) ok to send ? anything to add / remove

 

VCS PAPLOC.pdf

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