VCS/BW Legal - writing defence

MadHatter752 · 3 December 2016 at 5:10PM

Hello

After a week of reading through threads on this forum (including the newbie sticky) to find an answer to my predicament I am finally at my wits end and having to start my own thread... sorry to anyone annoyed by this but the wealth of information is baffling and I cannot waste anymore time reading things I don't understand and getting more confused! So THANK YOU to everyone who reads and helps.

So... in October 2014 a ticket was put on the car i am the registered keeper of in a free train station car park, informing the driver that they were "parked beyond the bay markings". The PCN was issued by Vehicle Control Services Ltd.

Debt Recovery Plus Ltd appear to have become involved and I have received numerous letters from them. Upon receipts of letters from DRP I read lots of threads on this forum which I thought advised me to ignore. I have therefore not appealed or had any contact with VCS or DRP.

On 21st November, I received a letter from bw Legal entitled a "Letter of Claim" which I understand is another name for Letter before Action, asking me to pay the payment or detail grounds for dispute by 7th December, hence why I am getting a bit panicky... my time is running out to reply to this.

They mention what I gather is all the usual stuff re County Court Proceedings could be issued, Parking Eye vs Beavis, CCJs.

I know I have to reply to this letter as it is from the Solicitors and I have drafted the below. Is this sufficient for now? Is there anything else I can use to get them to stop hassling me. Also, some are saying send registered post, others saying email... what is the recommendation please?

Thank you!!!

Ref: VCS/******************

Dear BWLegal,

Further to your letter dated 21 November, I am writing to confirm that I amthe registered keeper of the vehicle in question, however I deny any debt toVCS Ltd.

Your letter dated 21 November, refers to a letter dated 21 November whichyou have not received a response from. Pleasenote, this is the first letter I have received from yourselves.

In order to respond fully to yourclaims, I should be grateful if you could issue a letter that fully meets therequirements of the Practice Direction for pre-action conduct andprotocols.

I am disappointed in your breaches of the Solicitors Code of Conduct inrelation to your attempt to use a third party’s lack of legal knowledge to yourown advantage.

I also note your misrepresentation of the consequences of an adversejudgement. You are in breach of Chapter 11 of the Solicitors Code of Conduct,specifically (Indicative Behaviours) IB 11.7 and 11.8.

I shall be making contact with the Solicitors Regulatory Authority inrelation to your threats of court proceeding, CCJs and your mention of ParkingEye Limited vs Beavis (2015) UKSC. I findyour letter very intimidating and unprofessional.

Furthermore, as a member of the Credit Services Association and thereforesignatory to their codes of practice, BWLegal is inbreach of several of these codes. As the debt is disputed continuedcorrespondence from yourselves will be seen as a further breach of that COP.

Yours Faithfully"

Cc: SRA

Coupon-mad · 3 December 2016 at 5:47PM

I know I have to reply to this letter as it is from the Solicitors and I have drafted the below. Is this sufficient for now?

Yep.

There is no such thing as registered post. You might be thinking of recorded delivery but why waste money on postage when you know this will go on for months... use their contact portal/email thing.

And separately put in an online complaint to the SRA, if you've had a few misleading replies. If not, then wait till you have a collection of misleading answers, then submit a formal SRA complaint. Mentioning the Beavis case and threatening a CCJ is not in itself a reason to complain.

Try adding in a question about why they think their client can hold a registered keeper liable. That should elicit some Elliott v Loake rubbish to complain about.

MadHatter752 · 3 December 2016 at 7:43PM

Thank you Coupon-mad, and thank you for all the information you have provided on this site, really appreciate it. Without people like you we would all be paying these idiots!:mad:

I have added a sentance about the registered keeper not being liable so see what response I get. So you think sending it online is sufficient and i don't need to follow up with hard copy in the post?

MadHatter752 · 3 December 2016 at 7:53PM

oh also, if I email the letter across, do I have to include a signature, i.e. print the letter off, sign, and then scan to pc and email?

thank you!

Coupon-mad · 3 December 2016 at 10:20PM

You could, or just put the reply as the email itself, with your name at the bottom an their refs and the PCN number and PPC name too, in the subject line.

Do you have an email addy for them then? I thought they had a portal thingummy.

MadHatter752 · 3 December 2016 at 11:11PM

Yeah they have an email address at the top of their letter... VCS@bwlegal.co.uk. I just wondered how an email would stand up in court against a letter.

Coupon-mad · 3 December 2016 at 11:14PM

It's fine. Email is normal and this will be a game of email tennis now.

What won't stand up is BW Legal's case! I would be astonished if you lost.

MadHatter752 · 4 December 2016 at 9:56AM

Thank you. I will email across this morning and print everything off for my file!! Just in case it goes further.
How will I know if I have won... after a game of email tennis... will I just not hear from them anymore?

Redx · 4 December 2016 at 10:17AM

you wont necessarily know if you have "won"

but after 6 years the statute kicks in whereby they cannot go to the small claims court to recover the alleged "debt" (the MCOL stage)

and just because it may go quiet does not mean its over , not within those 6 years

so around NOV 2020 which is a long time

but in theory the TOC had 6 months to take this to magistrates court, due to non-relevant land (see the forum posts and pranksters blogs about this issue and POPLA at the moment , even though yours may have nothing to do with POPLA)

its now awaiting a DCLG decision

so that 6 month deadline sailed into the wind long ago

MadHatter752 · 4 December 2016 at 10:28AM

Thanks Redx, I am emailing my letter now. I am sure I will be back once I receive a response!

MadHatter752 · 12 January 2017 at 7:11PM

So as predicted.... I am back as I have received a response and a deadline of 19 January 2017 to respond.

This is what they have said....
"The PCN was issued on the (date PCN was issued) at ********************************** on the basis that the vehicle registration ************* parked beyond the bay markings. As per the terms of the PCN, you were allowed 28 days to pay a discounted sum or appeal the PCN, two options of which have now expired.

We note from your correspondence that you state you were not the driver at the time of the PCN. As the details of the driver have not been forthcoming to suggest otherwise, our client, in the absence of the driver's details, reasonably presumes you were the driver and we refer you to the case of Elliott v Loake (1982).

Given the above, please contact us on ************************************* within 14 days of this letter.

Failure to contact us by 19 January 2017 may result in us seeking our client's instructions which may result in further legal action and costs being added to your Balance Due".

Any advice please on what I should reply next? I was honestly thinking that I wouldn't hear from them for a few months at least! doh.

thanks!!
MadHatter752

VCS/BW Legal - writing defence

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free