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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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VCS Spycar PCN PAPLOC Now Claimform - No Stopping 47) STOPPING IN A RESTRICTED BUS STOP /STAND Robin Hood Airport Doncaster


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Good people I need some advice.

Should I now just wait for their Letter before action?
 

My redacted email below summarises the issue:

 

"Good day

I refer to a letter marked "Demand for payment" with a picture of my car on it.
The demand states that the opportunity for appeal has lapsed and also that the company intends to take me to court.
 
Firstly I have no idea what the offence I am charged with is all about.
Secondly, this is the very first correspondence I have received and so I do not know when and how I had any opportunity to appeal and against what.
The reference on  the document is VCS0000000 and the registration number is XXXXXXX.
 
Please let me know what debt I am being accused of not paying and how I happened to be in the debt and at the same time be told I have lost any right to appeal something I know nothing about.
Regards
Me"
 
I sent the email to [email protected] which I was given when I rang to seek information about why I was being invoiced.
A reply was late to come and I printed the email and sent it by post to VCS Sheffield.
A day after posting the hard copy of the email I got a reply to my email from [email protected].
 
This was their verbatim unredacted response:
 
" Good Morning,
 

We note you have mentioned that this was the first correspondence that you have received, however, there were letters that were sent out to your address on different occasions (see attached letters). Therefore, now as the time to appeal has expired we are unable to look into the matter further.   

 

Whilst we appreciate the circumstances mentioned the fact remains that the vehicle was parked in the breach of the terms and conditions of private parking.

 

Therefore, the above Parking charge Notice was issued correctly.

 

The outstanding balance is now due, please visit www.myparkingcharge.co.uk or call 0845 226 9138 in order to make payment.

 

We will not acknowledge or respond to any further correspondence disputing the charge.

 
Kind Regard
   
EXCEL PARKING SERVICES LTD
P1 Europa Link, Sheffield Business Park, Sheffield, S9 1XU
 
t:    +44 (0) 114 261 7111 "
 
This morning I received an A4 envelope with pretty much the same message as their email content but with a handmade signature for  a name "Debt & Litigation Department".
 
With the letter, as was with the email came copies of their  original PCN claiming a contravention reason "
47) STOPPING IN A RESTRICTED BUS STOP /STAND" back in October 2020.
 
There is a photo of the back of my car and a zoomed in photo of the registration number of the back of the car.
There is nothing  showing who was driving the vehicle at the time it stopped there and nothing to show how long it actually stopped for.
There is no telling if it was the person who is the registered keeper or anyone else.
 
I attempted to contact IPC and they said I should give them ref number from VCS. "

Please Note: If you have had your appeal rejected and you have been told to enter your appeal on this site but keep receiving this message; please contact the operator that issued the charge for assistance.

 

The IAS will not have the information to assist you at this stage.

So with no prospect of engaging in any discussion:

1. I have no chance to speak about whatever circumstances, even emergency ones like a satnav not giving  the direction to take at the next roundabout or a child urgently needing to pee.

2. I am not able to give the identity of the driver who was actually driving on the day in question (if it was not me).

3. I am not able to protest the cost of the charge which now stands at £160 and which I have absolutely no intention of paying one penny of at the expense of taking care of my family.

4. I am not able to ask them for my contractual obligation to pay anything which I can be proven to have agreed to.

5. I cannot even ask for their  proof that their initial correspondence actually was delivered to me before since I never even saw it anyway.

 

If in some unfortunate case I am compelled by any judge to pay that extortionate fee then I must offer to pay a token amount of £1 per month as with other creditors who I have owed way before this ridiculous claim.

 

What is your best advice at this point?

Wait for their letter before replying to it to say I have no intention to pay a penny or write that to them right now and tell them in as much as they are not interested to talk to me I am no interested to talk to them neither? 

I believe I am finally in the right forum for dealing with this crazy issue!

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Hello and welcome to CAG. Yes, you're in the right place and we know all about VCS trying to rip people off at airports.

 

Could we go back a stage? We need to understand what led to this so please could you let us have the information requested in the forum sticky.

 

It's best not to contact VCS again unless there's a Letter Before Claim, but let's start working on how you deal with this from now on. :)

 

 

Best, HB

  • Like 1

Illegitimi non carborundum

 

 

 

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shame you responded esp by email

NEVER DO THAT 

and NEVER...RING anyone.

do not appeal

 

use our search top right 

type in

No stopping

and get reading up.

 

airports are covered by byelaws ...thats all you really need to follow.

 

await the Letter of claim. then return here

 

sent ONE more email to VCS

state your email address is not to be used for any further communication of any sort , please write only

scan up to one multipage PDF everything to date in/out.

read our upload guide carefully

 

your latest letter now has your correct address on it?

 

 

  • Thanks 1

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 Spycar PCN - No Stopping Robin Hood Airport Doncaster

1 Date of the infringement 12/10/2020
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 12/11/2020
 

3 Date received never received
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N - I cannot see any such mention
 

5 Is there any photographic evidence of the event? yes the rear of my car is pictured and a zoomed-in picture of its registration number
 

6 Have you appealed? [Y/N?] post up your appeal] N - I was denied and told I missed the date. But I still phoned and then after obtaining an email address sent redacted this email:

 

Good day

I refer to a letter marked "Demand for payment" with a picture of my car on it.

The demand states that the opportunity for appeal has lapsed and also that the company intends to take me to court.

 

Firstly I have no idea what the offence I am charged with is all about.

Secondly, this is the very first correspondence I have received and so I do not know when and how I had any opportunity to appeal and against what.

The reference on  the document is VCS0000000 and the registration number is RE00NUM.

 

Please let me know what debt I am being accused of not paying and how I happened to be in the debt and at the same time be told I have lost any right to appeal something I know nothing about.

Regards

Me

 

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

Email received back: 

"Good Morning,

 

We note you have mentioned that this was the first correspondence that you have received, however, there were letters that were sent out to your address on different occasions (see attached letters). Therefore, now as the time to appeal has expired we are unable to look into the matter further.   

 

Whilst we appreciate the circumstances mentioned the fact remains that the vehicle was parked in the breach of the terms and conditions of private parking.

 

Therefore, the above Parking charge Notice was issued correctly.

 

The outstanding balance is now due, please visit www.myparkingcharge.co.uk or call 0845 226 9138 in order to make payment.

 

We will not acknowledge or respond to any further correspondence disputing the charge.

 

Kind Regard

  

EXCEL PARKING SERVICES LTD

P1 Europa Link, Sheffield Business Park, Sheffield, S9 1XU

 

t:    +44 (0) 114 261 7111"

 

7 Who is the parking company?

Vehicle Control Services

 

8. Where exactly [carpark name and town]

Robing Hood Airport, Doncaster
 

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

International Parking Community which seems to be operating under IAS

 

This morning I received an A4 envelope with pretty much the same message as their email content above but with a handmade signature for  a name "Debt & Litigation Department".

With the letter, as was with the email came copies of their  original PCN claiming a contravention reason "

47) STOPPING IN A RESTRICTED BUS STOP /STAND" back in October 2020.

There is a photo of the back of my car and a zoomed in photo of the registration number of the back of the car.

 

 

 

On 02/02/2021 at 14:42, dx100uk said:

your latest letter now has your correct address on it?

They had the correct address even for previous correspondences but I just never got them.

NTK.pdf

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:rockon:

yours is not the next move

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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From what I read of your correspondence with the fleecers, you never once told them who was driving - is that right?

We could do with some help from you.

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Never even once no.

It could have been anyone driving my car that day.

They have to prove who it was and how long they stopped for.

 

I have the right to not saying anything to them and I just demanded that they tell me what wrong I am accused of.

 

They issued and posted their documents too late...

They have no proof of who was driving...

.No proof of how long the stoppage was, which I know was less than 2 minutes...

Are calling it parking when it was not....

 

I cannot see them getting away with this issue at all and I am glad I am now on this forum and talking to people who don’t believe I should be robbed by the extortionists!

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Superb reasoning!  You've just listed about a million ways why their claim is pants.  There will be even more.

 

Sadly most motorists think they have been fined and take the fake threats seriously and cough up - good to see you haven't.

 

However, at this point look at what dx wrote in post 5.  Sit back, relax, and ignore the bilge they will send you.  Don't correspond with them any more.  It's the equivalent of complaining to the local mafia capo that a mafia heavy treated you badly - they will never agree with you.

 

If they ever send you a Letter Before Claim/Letter Before Action then come back here, and we'll gave them both barrels.  In the meantime just have a laugh at how many letters Simple Simon is sending you and getting naff all cash back.

We could do with some help from you.

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they don't have to prove who was driving.

neither do you..

 

and as for the 10mins grace period ......

 

it's worthy to note no 'no stopping' claim to date has neither relied, proved, or had those issues explored to date.

....why....well..

 

if you go down those routes, it's accepting a contract 'exists' whereby it doesn't as byelaws overrides everything.  

 

so be very careful of pushing either as both of those totally negate any byelaws defence.

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 letter you received was from Excel parking yet VCS are also involved. That cannot only one company can have the contract. VCS do not rely on PoFA so they cannot pursue the keeper-only the driver is liable when PoFA does not apply. In any event,

 

their PCN is wrong as the Law does not state that if you do not reveal the name of the driver then they can pursue as the keeper on presumption that you are the driver. That is not what the act says and in any event they are not using PoFA!

 

As dx100uk rightly states the airport is covered by ByeLaws which outrank the shady crooks  signs. And where the roads aren't  covered by Byelaws, they are covered by the Road Traffic Act. So the airport land is not "Relevant Land" and so not covered by PoFA either. So no way do you owe them a penny.

 

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post it here as plain text please

 

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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Litigation & Debt Department

Vehicle Control Services Limited

P1 Europa Link

Sheffield Business Park

Sheffield, S9 1XU

 

RE: Jljlne56

 

Dear Litigation Department

 

I am responding to your so-called “Letter Before Claim” dated 04/02/2021, received with your ref number ..... for alleged parking breaches.

 

Please be advised that I have absolutely no intention of paying these extortionate and ridiculous made-up sums of money for allegedly breaking some imaginary contract which I never entered into and which you have not demonstrated how I personally became party to.

 

I did try to find out more about your allegation but in a response letter that you sent me you clearly stated, “We will not acknowledge or respond to any further correspondence disputing the charge.”

 

You do not even have the identity of the driver who had the vehicle on the alleged date of offence, yet you want to litigate against me. You have not provided proof of how long the vehicle was parked in the alleged bus stand and yet you have also refused to discuss this.

 

I could go on but it is enough to say that this whole claim is utter nonsense and I’m sure that any Judge would agree.

 

Should you wish to proceed with this farcical claim, I’ll be seeking recovery of costs based on unreasonable behaviour, as well as damages for breach of the DPA 2018.

 

I look forward to your response

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Looks pretty good to me.

 

However, cut out the last line.  You don't want a response, you want them to crawl back under their stone and stop writing to you.

 

Up to you, but we usually address letters to Simon Renshaw-Smith, VCS, P1 Europa Link, etc. and start the letter "Dear Simple Simon" as this is the nickname the site unaffectionately knows the VCS boss by.  As well as it being fun to insult him, VCS must have cottoned on to the nickname being associated with CAG, and Caggers have an absolutely outstanding record of thrashing Simon in court.  He would be very wise to leave you alone.

 

See what others think during the day.

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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  • 2 weeks later...

no 2nd class will do..  dont waste money on these scammers..

just get free proof of posting from any po counter.

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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As their PCN was out of time they cannot pursue you as the keeper under PoFA. So they are continuing to claim money from you by assuming you were the driver. This is something they cannot do and as well as VCS knowing it, Judges also know it. Just ensure that you never reveal who was driving.

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I have posted Simon's undated and unsigned snotty letter today  and obtained my proof of posting. Lets wait and see if he tries any other move.

 

On 24/02/2021 at 01:24, lookinforinfo said:

As their PCN was out of time they cannot pursue you as the keeper under PoFA. So they are continuing to claim money from you by assuming you were the driver. This is something they cannot do and as well as VCS knowing it, Judges also know it. Just ensure that you never reveal who was driving.

 

Thanks for this... I am even bolder and determined not to be pushed over!!!

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  • dx100uk changed the title to VCS Spycar PCN - No Stopping 47) STOPPING IN A RESTRICTED BUS STOP /STAND Robin Hood Airport Doncaster
  • Like 1

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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  • 1 month later...

I'd just ignore it.  You've replied to Simple Simon's Letter Before Claim.  It's now up to him to decide whether to take you to court or not.

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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a dca cannot take any legal action, they don't own the debt........

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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