VCS ANPR PCN PAPLOC now claimform - appealed - Berkeley Centre Sheffield *** Claim Dismissed***

[simsplayer96]

*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

[honeybee13]

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

[FTMDave]

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.

[simsplayer96]

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

 

[FTMDave]

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.

[simsplayer96]

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

[FTMDave]

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.

[simsplayer96]

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

 

(text removed so it's not copied- dx)

"

[dx100uk]

god no!!

don't ever send that.

plays all your cards

 

use our enhanced googlesearch box 

 

snotty letter vcs excel

[FTMDave]

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 January 18, 2021 by FTMDave

[simsplayer96]

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.

[dx100uk]

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

[AndyOrch]

Topic open

[simsplayer96]

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 August 15, 2021 by dx100uk
text & PDF redacted

[FTMDave]

Post hidden.

 

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

[dx100uk]

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.

[lookinforinfo]

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.

[simsplayer96]

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!

[FTMDave]

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.

[brassnecked]

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.

[simsplayer96]

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

[FTMDave]

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 August 8, 2021 by FTMDave
Extra info added

[simsplayer96]

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

[honeybee13]

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

[dx100uk]

please complete this:

 

slow down or you will make fatal mistakes!!

 

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

 

dx