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VCS ANPR PCN PAPLOC now claimform - Berkeley Centre Sheffield


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*Please see attached the full response I sent to the company*

 

Hi everyone,

 

I'm a complete newbie here but I received a notice to keeper last year for allegedly overstaying in a private car park by about 25 minutes.

 

This scared me initially that they were asking for £100 fine without knowing who the driver was. I did some research and found out they had to have sent out the NTK within 14 days under the Protection of Freedoms Act, to be able to hold me (the keeper) liable.

 

They posted the NTK 16 days after, and it was received 5 days later - 21 days after the contravention. Thus, I believe I cannot be held liable for the charges.

 

I have communicated this to the company, and informed them that I believe my data has been misused - as they did not comply with POFA, and the IPC's code of practice.

 

I told them that any further contact on the matter would be considered as harassment and "I would sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

 

This includes communication from any Debt Collection companies you care to instruct. If you decide not to cancel this PCN then you should provide me with a Parking On Private Land Appeal code so that I can appeal to them, and they will then direct you to cancel."

 

However I have just received this Letter before claim stating that I have until the 12/02/2021 to respond either by paying or disputing.

 

I believe that by continuing to contact me, after having not met all of the requirements under POFA, their code of practice, they are misusing my personal data as per the Data Protection Act. I was not the driver, and I can not remember who the driver was, nor am I obligated to inform them.

 

Any advice on how I should go forward with this would be very much appreciated!

 

My main questions are -

1. Am I correct in my thinking that they have no legal basis to pursue me as the keeper?

2. Should I ignore this Letter before claim, or should I dispute? If so, how?

3. Am I correct in my thinking that they have misused my personal data, and that I am entitled to compensation?

4. How do I go about suing for damages/distress caused by misuse of personal data? and is it likely that I would win?


I have attached my full response I sent to the company before they sent me the Letter Before Claim for if anyone is interested.


Thank you very much in advance!

Response to PCN.pdf

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Hello and welcome to CAG.

 

As you're at the pre-court stage with this, please could you let us have the information requested in the forum sticky? That way we can start to advise on how to deal with your case. Please sit on your hands until the forum guys are able to get here. :)

 

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket/

 

Best, HB

Illegitimi non carborundum

 

 

 

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Yes, please fill in the sticky that HB posted - the more ammo we have against them, the better.

 

To answer your questions.

 

1.  You're right.  However the PPCs have complete contempt for the law and will pursue you regardless, hoping you will finally give in, or they'll get a default judgement, etc.

 

2.  You need to reply to the LBC and make it quite clear to the charlatans that you will be big trouble if they do do court.  We call this the "snotty letter" strategy.  Do a search on the forum for "snotty letter" and you'll see loads of examples. 

 

3.  Again, you're right.

 

4.  The best way is to deal with the matter in two stages.  Firstly, concentrate on seeing off the ticket.  Then later, if you want revenge, sue them for breach of GDPR.

We could do with some help from you.

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Hi HB,

 

Here is all the required information:

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

06/10/2020

 

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

22/10/2020

 

3 Date received

27/10/2020

 

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?

ANPR only
 

6 Have you appealed? [Y/N?] post up your appeal]

I have informed them I was not the driver and will not be paying.
 

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

Response: "Good afternoon

 
We would note that the correct time to lodge an appeal was within 21 days of the original notice being sent to you, as stated on our letters we would not accept further appeals at this stage and the balance is outstanding. 
 
If payment is not made we will continue with our action, payment can be made as stated on our letter.
 
We will not respond to further correspondence disputing this matter.
 
Regards"
 

7 Who is the parking company?

VCS

 

8. Where exactly [carpark name and town]

Berkeley Centre Sheffield

 

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

IAC

 

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  • dx100uk changed the title to VCS ANPR PCN PAPLOC - Berkley Centre Sheffield

Oh dear.  The Berkley Centre, and Simple Simon (the owner of VCS & Excel) are both very well known to the forum.  I mentioned contempt for the law.  We have a case at the moment where Simon is trying to chisel money out of a motorist for stopping in a "no stopping area" ... at a zebra crossing ... with a pedestrian walking on it.  I kid you not.  The motorist would have been charged with murder if they had stuck to Simon's silly signs.

 

The good news is that VCS have an excellent track record of getting an absolute legal thumping at the Berkley Centre.

 

We have had two threads this week where Simon has lost court cases (not at the Berkley Centre).

 

Do a search for "VCS Excel snotty letter" and post up a draft of what you intend to send.

We could do with some help from you.

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thank you very much for getting back to me!

 

I will start drafting up a response.

 

Should I write my response in the return form of the Letter before claim?

 

And should I notify them of my intention to sue for breach of GDPR, or should I save that for court?

 

I would prefer if they just cancelled the ticket, and I didn't have to go to court. But I am willing to go if they insist.

 

Kind regards

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No, don't use their return form.  The whole point of the letter is to show you've sussed that they are con artists trying to bully motorists into paying money which isn't owed, so you show as much contempt for their procedures as possible.

 

Sure, threaten them back that if they take you to court they will get hammered with a full costs order due to unreasonable behaviour under CPR27.14(2)(g) and you will then sue them for breach of GDPR.  Refer to your earlier letter to show you're in control, you've given them ample warning to stop their foolishness.

 

Simple Simon never, ever cancels tickets, that avenue is impossible I'm afraid.  Sometimes he starts court cases however hopeless they are in the hope the motorist will be terrified and give in, sometimes a snotty letter sees him off.  Nothing is certain but you can create your own luck IYSWIM by being aggressive and showing you would be big trouble for Simon in court.

We could do with some help from you.

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Hi guys, 

 

I have drafted a letter of response to my LBA, would you mind reading it and letting me know if i'm on the right track?

 

Thanks in advance!

 

"

Ref PCN: ****
VRM: ****

Contravention Date: 06/10/2020
Issue Date (Posted): 22/10/2020
Date Received: 27/10/2020

 

Dear VCS,

 

Please reference correspondence from myself on 16/12/2020, 2/01/2021, 2/01/2021.

You are acting illegally in pursuing the above PCN. Previously, I have instructed you to cease your harassment, and unlawful processing of my personal data, yet I have since received a Letter Before Claim.

 

Your claim has no legal basis due to;

 

  1. Your non-compliance with the Protection of Freedoms Act 2012 (POFA). Schedule 4 states that the Notice To Keeper (NTK) must be posted to be delivered by the relevant period of 14 days beginning with the day after the contravention. As you are well aware, my NTK was issued 15 days after the contravention and received 21 days after. There was also no mention of the POFA in the NTK received, which leads me to believe that you don’t have, and never did have, any intention of complying with the POFA.
  2. You have stated in your NTK that you do not know who the driver was. I have already informed you that I was not the driver at the time of the alleged overstay. There is no legal requirement to identify the driver at the time, and I will not be doing so. Thus, you have not given any evidence to justify the continued storing of my personal data, and the vexatious letters.
  3. Your non-compliance with the IPC’s code of practice, and subsequently the Keeper At Date Of Event (KADOE) contract. 
  • The IPC’s code of practice demands that “The Notice to the Keeper must; (m) Be given to be received by the keeper within 14 days beginning the day after the specified period of parking.” In this case, you have not followed the IPC’s code of practice, and thus you are liable to sanctions by the body. As your company has previously been suspended by your trade association, I would have expected you to be more careful moving forward.
  • You have requested my personal data from the DVLA using the KADOE contract. This contract allows you to retrieve keeper data electronically for the “reasonable cause of seeking recovery of unpaid parking charges”. The contract attaches several conditions to the access, including that the parking company seeks recovery in accordance with the Accredited Trade Association Code of Practice. It has been shown that you have not followed IPC’s code of practice, and thus also violated the KADOE contract. 

4. You have breached the Data Protection Act 1998 (DPA), by;

 

  • Requesting my personal data without following the POFA, IPC’s code of practice, and KADOE contract.
  • Not having any evidence to suggest the keeper was the driver.
  • Despite me informing you that I am not liable and will not be disclosing who was, and requesting that you remove my personal data from your systems, you have refused. Section 10 of the DPA states that in the case where the keeper liability provisions under the Protection of Freedoms Act have not been met, and they have no evidence to suggest the motorist was the driver, then the motorist is entitled to object to any further processing of their data and request it be removed from their systems. As you have continued to send me letters using my personal data, YOU HAVE BREACHED THE DATA PROTECTION ACT.
  • This has caused me significant distress, and has forced me to spend many hours of my time researching my rights, for which according to the DPA I am entitled to compensation.

 

Moving forward, you have two options:

 

Option 1
I am inviting you now to immediately stop this unlawful harassment and intimidation, by not sending me any further communication on the matter (apart from confirmation that you will no longer be pursuing this claim), and immediately erasing all of my personal data of which you have obtained unreasonably as per GDPR regulations. These intimidating letters have impacted my mental health, in an incredibly difficult time in my life. I have a history of mental health problems, and currently have severe financial difficulty. These threats have caused me significant distress. 


Option 2
If you choose to continue processing my personal data and/or take me to court, I will be seeking to recover compensation for these damages, in addition to a full costs order due to unreasonable behaviour under CPR27.14(2)(g), and compensation for a breach of GDPR and the data protection act.

 

If you choose to continue with your claim and take me to court, please be advised that I have now submitted a Subject Access Request (SAR), and until such time that this request is fulfilled, I request a restriction of data processing and that the case be put on hold.

 

The action so far, on your part, is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which you should be familiar. As you must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. It’s express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

 

Nobody is immune from the requirements and obligations of the Practice Direction.

 

Whilst the Subject Access Request is being processed by your data protection officer, I also require you to comply with the below obligations and forward the following information/documents:

 

1. an explanation of the cause of action.
2. whether you are pursuing myself as driver or keeper.
3. whether you are relying on the provisions of Schedule 4 of POFA 2012.
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed).
5. a copy of the contract with the landowner under which they assert authority to bring the claim.
6. a copy of any alleged contract with the driver.
7. a plan showing where any signs were displayed.
8. details of the signs displayed (size of sign, size of font, height at which displayed).
9. if they have added anything on to the original charge, what that represents and how it has been calculated.
10. proof that permits were provided in a sufficient amount of time.

 

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

 

Until you have complied with the above obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you choose to do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and order that this information is provided.


To avoid causing me any further distress, or loss of earnings, I would hope that you let me know of your decision at your earliest convenience.

 

Yours Sincerely,
"

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god no!!

don't ever send that.

plays all your cards

 

use our enhanced googlesearch box 

 

snotty letter vcs excel

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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How about something like? ...

 

 

Dear Simple Simon.

 

Ref PCN: ****
VRM: ****

Contravention Date: 06/10/2020
Issue Date (Posted): 22/10/2020
Date Received: 27/10/2020

 

Cheers for your Letter Before Action.  My local supermarket has completely run out of toilet paper, so it was good of you to help me out in these dark days of lockdown and panic-buying.

 

I've already told you on XX/XX/XXXX that I know your case is pants.  I see in the Letter Before Action you couldn't resist adding on the Unicorn Food Tax too so that's another spectacular own goal to add to the list .

 

How many times have you been hammered in court in Berkley centre cases?  If you want another thrashing, that's fine by me.  I will seek a full costs order due to unreasonable behaviour under CPR 27.14(2)(g), and I've already drafted my particulars of claim for breach of GDPR and the Data Protection Act.

 

I now look forward to your deafening silence.

 

 

EDIT: All the great work you've done above will be very useful (a) if Simon is daft enough to issue a claimform and (b) in case of any future run-ins with VCS or Excel, which unfortunately is probably likely given they infest car parks all over the country.

 

However, the point now is to show Simon you'd put him to a great deal of trouble and expense in court, so he'd be better off forgetting about you and instead going after some mug who takes his threats seriously and would just cough up.

Edited by FTMDave

We could do with some help from you.

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thanks for the feedback guys, I've never had a ticket before so very new to this. 

 

I will change the letter to more like yours FTMDave.

 

However, In the form they have given me, they've asked if I require them to send any documents. That's why I thought it would be a good idea to ask them for their cause of action because at the moment, it's very unclear how they would be charging me as keeper. 

 

By asking for all that information, would that not make it more likely that they will give up, instead of going to the hassle of providing?

 

Again i'm willing to go to court, but would really prefer not to.

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you don't play your cards at all at this stage

stick to FTMs letter dont add anything.

 

simple simon is a slimy fox be very very careful what you reveal at these early stages.

 

go read all the berkeley threads get upto speed

use our search top right

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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  • 5 months later...
Posted (edited)

Hi everyone,

 

Hope you are all well!

 

I have had a new letter (please find attached) arrive over 6 months after posting the snotty letter to VCS (please see above).

 

This letter is from ELMs Legal, informing me that their client VCS has instructed them to recover the cost of the phony PCN.

 

Would anyone please be able to give me some advice on how to procede? They say I have until 16/7/2021 to get in contact with them before legal proceedings commence. Should I be concerned by this, or is this just more scare tactics to try to get me to pay?

 

This is an email draft i am thinking of sending them;

 

"Sirs

Ref: 

Contravention Date: 06/10/2020.
Issue Date (Posted): 22/10/2020.
Date Received: 27/10/2020.

I am in receipt of the Notification of Instruction you issued. The PCN you have been instructed to recover was issued (posted) to me 16 days after the contravention, and was received 5 days later; 21 days after the contravention. I have no liability on this matter as Vehicle Control Services Limited ("your Client") failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to notify the keeper within 14 days beginning with the day after that on which the specified period of parking ended as mandated by section 9 (4) (b) and (5) of the Act. You cannot therefore transfer liability to the keeper.

I was not the driver of the vehicle at the time and date of the alleged overstay. There is no legal requirement to identify the driver at the time and I will not be doing so.

A quick Google search shows how many times your Client has been hammered in court in cases like this. If you want another thrashing, that's fine by me. I will seek a full costs order due to unreasonable behaviour under CPR 27.14(2)(g), and I've already drafted my particulars of claim for breach of GDPR and the Data Protection Act.

Yours sincerely,
"

 

Please let me know what you think!! Thank you very much in advance , any help is really appreciated :)

 

 

 

2021-07-02 Elms - Notice Of Instruction.pdf

Edited by dx100uk
text & PDF redacted
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Post hidden.

 

You haven't redacted anything.  Your full name is showing twice.  And your address.  Plus your registration number.  And VCS's reference.

We could do with some help from you.

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one multipage pdf only!!

 

however that letter is safe to ignore.

 

that might well be an old letterhead too from the same printer as the last simon missive...as ELMS have dumped simon so many times just recently that i doubt they actually have anything to do with him anymore.

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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In light of the fact that VCS have already been told that you were not the driver and that their NTK was not PoFA compliant  perhaps we can try something different on this occasion.

 

Dear VCS,

You know that your NTK was not PoFA compliant therefore you cannot pursue me as the keeper. I have already told you that I was not the driver so your pre action letter to me  is a bit of a mystery.

 

Who on earth are you taking to Court?  I know you think that the keeper is automatically the driver but as you have lost many times in Court over this assumption it is about time that you dropped this absurd idea. 

 

By continuing to harass me and threaten Court when you have no proof that I was the driver and that I have denied being the driver I am demanding that you cease and desist from your doomed action against me.

 

By continuing to Court without any proof that I owe you a penny and in the face of my denial of being the driver you have breached my GDPR and I look to the Court to punish you for your misguided action.

 

I understand that a breach of GDPR in these circumstances is in excess of  £750. In addition to continue to harass me I am looking to the Court for exemplary damages as well.

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Hi,

 

Apologies for not redacting the details, I completely forgot whilst uploading 😕

 

 

@lookinforinfoI have sent your above letter to VCS, and have replied to ELMS informing them that their client is pursuing me unlawfully, and that they know this.

 

Will keep you updated! 

 

Thank you so much again for everyones help!

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You'd already been through PAPLOC in January and told VCS to do their worst so as dx said in post 16 you could have just ignored this latest letter.

 

Still, no harm done.

We could do with some help from you.

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If he does send a Claimform, an Acknowledgement of Service online and a 3 line defence would be sufficient at that stage if he is stupid enough to persist.

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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  • 4 weeks later...

Hi everyone,

 

Thanks again for all of your help. 

 

I've just received a Claim Form from Elms Legal on behalf of VCS, for which I have 14 days to reply with an acknowledgement of service, and a defence form.

 

I have a couple of queries if anyone could please help:

 

1) Is it worth making a counterclaim for breach of GDPR for them pursuing me as keeper without being POFA compliant? Do I have to make the counterclaim at this point?

 

2) How much should I say in my defence? When I first received the Letter Before Claim, i prepared a full response which i was recommended to hold until i was taken to court. I have attached here if anyone could take a look and let me know which points i should concentrate on in my defence. Or should I just send the whole thing?

 

Thank you so much in advance for all of your help,

 

Kindest regards,

Simsplayer

 

 

 

 

PCN full response.pdf

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Posted (edited)

1.  We don't recommend to counter claim.  This is because one of Simon's disgusting tactics is to issue a claim form, even in the weakest cases (after all, it's a cut & paste job done on a computer in 30 seconds and only costs £25).

 

Simon hopes the motorist will be terrified of going to court and will cough up.  However, often if the claim is robustly defended Simon will discontinue.  It's £25 down the drain but the mugs who give in pay their £25 plus £60 Unicorn Food Tax which funds more of these claims.

 

If you counter claim it means the case wouldn't just stop with VCS's discontinuance making it virtually certain VCS wouldn't discontinue and you'd have to go through with a full court case.

 

By all means though go after Simon in a separate action for GDPR.  You could even send a Letter Before Claim now, although it would make more legal sense to beat VCS in this case and then start the GDPR action after having already won.

 

2.  Your defence will be a couple of lines - examples will be in all claim form threads here.  The time to flesh your case out and go into every detail is later, at the Witness Statement stage.  Have a read of some claim form threads and you'll soon get the idea.  Alaska101's thread would be a good place to start.

Edited by FTMDave
Extra info added

We could do with some help from you.

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  • dx100uk changed the title to VCS ANPR PCN PAPLOC now claimform - Berkley Centre Sheffield

Thanks a lot Dave. 

 

I will deal with this case first and foremost. 

 

I've just submitted my acknowledgement of service, and have ticked defend all of claim, and contest court jurisdiction. After doing that, I did some more reading and realised I maybe shouldn't contest court jurisdiction? Do you think this will matter? 

 

I've looked in other forums, and I have prepared a CPR 31:14 request which I have attached if you could check that I am on the right track/if i should include anything else?

 

Also, Does a CPR 31 request need me to pay them for costs?

 

Thanks in advance!

 

 

As for defence, is this sufficient? Or should i also include breach of POFA, KADOE, DPA etc...?

 

1.  The Defendant is the registered keeper of *****

2.  The signage is prohibitive in nature and not a genuine offer of a contract for consideration. 

3.  In any case it is denied that the Claimant entered into a contract with the Defendant. 

4.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Kind regards,

simsplayer

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Hi.

 

Normally, I think the only reason to contest the jurisdiction is when you think the case is being heard in the wrong country.

 

Please slow down a bit on the technicalities and let's work on the substance of your response. :)

 

HB

Illegitimi non carborundum

 

 

 

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please complete this:

 

slow down or you will make fatal mistakes!!

 

do the above then we'll post what to do next.

 

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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  • dx100uk changed the title to VCS ANPR PCN PAPLOC now claimform - Berkeley Centre Sheffield

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