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  • FIRST POST
    • MadHatter752
    • By MadHatter752 3rd Dec 16, 4:10 PM
    • 183Posts
    • 114Thanks
    MadHatter752
    VCS/BW Legal - Court tomorrow!!
    • #1
    • 3rd Dec 16, 4:10 PM
    VCS/BW Legal - Court tomorrow!! 3rd Dec 16 at 4:10 PM
    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
    Last edited by MadHatter752; 03-07-2017 at 7:22 PM.
Page 18
    • unhappychappie
    • By unhappychappie 7th Jul 17, 2:05 PM
    • 33 Posts
    • 13 Thanks
    unhappychappie
    @madhatter thank you for your reply. let the battle commence
    • MadHatter752
    • By MadHatter752 2nd Aug 17, 5:26 PM
    • 183 Posts
    • 114 Thanks
    MadHatter752
    Received this order this week from court... two dates on it, one 16 June 2017, well before my hearing on 4th July, and one 20 July, 16 days after the hearing.

    https://www.dropbox.com/s/g4eg7ehurh97isa/FullSizeRender.jpg?dl=0

    I am thinking... absolute idiots!! if that order had gone out in time or been brought to the attention of the Judge that they hadnt complied I should never have had to go to court that day.

    any thoughts?
    • Loadsofchildren123
    • By Loadsofchildren123 2nd Aug 17, 7:16 PM
    • 1,593 Posts
    • 2,703 Thanks
    Loadsofchildren123
    How extremely annoying!!!!!
    I'd make a strong complaint to the senior judge at the court. It won't get you anywhere but might make you feel better.
    • MadHatter752
    • By MadHatter752 10th Aug 17, 9:22 AM
    • 183 Posts
    • 114 Thanks
    MadHatter752
    Very annoying... I don't understand how it got to the point it did.... the whole system clearly isn't working.
    • Loadsofchildren123
    • By Loadsofchildren123 15th Aug 17, 12:45 PM
    • 1,593 Posts
    • 2,703 Thanks
    Loadsofchildren123
    They used to employ clerks in the courts who knew the rules and were on the ball. now they don't. So some admin person has kept that order sitting in their out tray, unaware that there was a hearing date, when it should have been prioritised.
    You are absolutely right - there would have been no need for any hearing if it had been sent out in time and there is no explanation for why it took so long to be processed.
    So you should bring this to the court's attention - the court provides a service and is accountable and they will have a complaints procedure. Don't expect to get anything out of it, but they should be made aware of it. You have suffered loss by suffering the stress of a hearing and having to take a day off work, but don't expect any recompense!
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