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  • FIRST POST
    • MadHatter752
    • By MadHatter752 3rd Dec 16, 4:10 PM
    • 59Posts
    • 35Thanks
    MadHatter752
    VCS/BW Legal - writing witness statement
    • #1
    • 3rd Dec 16, 4:10 PM
    VCS/BW Legal - writing witness statement 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; 11-05-2017 at 5:33 PM.
Page 5
    • MadHatter752
    • By MadHatter752 19th May 17, 7:14 PM
    • 59 Posts
    • 35 Thanks
    MadHatter752
    VCS/BW Legal have not issued the response to my defence within 14 days as requested by the Judge... should i be making contact with the Court Monday morning to point this out?
    • Coupon-mad
    • By Coupon-mad 19th May 17, 9:27 PM
    • 45,770 Posts
    • 58,730 Thanks
    Coupon-mad
    I would wait and see, let them be even later...the later the better.

    I presume you mean they haven't lodged a WS? Maybe they are about to discontinue/maybe they won't be paying the hearing fee.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MadHatter752
    • By MadHatter752 19th May 17, 9:29 PM
    • 59 Posts
    • 35 Thanks
    MadHatter752
    I don't know what it would be called... on the papers from the court giving us our hearing date it just gave the claimant 14 days to serve a reply to my defence...
    • Coupon-mad
    • By Coupon-mad 19th May 17, 9:36 PM
    • 45,770 Posts
    • 58,730 Thanks
    Coupon-mad
    OK, well they don't have to serve 'reply to defence', IIRC it is not mandatory. But they do have the same deadline you had, to submit your WS and evidence. So is that time up?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MadHatter752
    • By MadHatter752 19th May 17, 9:37 PM
    • 59 Posts
    • 35 Thanks
    MadHatter752
    No we've got a few weeks yet for WS and evidence... thankfully as I haven't done mine!
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