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HELP Vcs private land pcn derby

1235789

Comments

  • loosegoose
    loosegoose Posts: 42 Forumite
    LBC small claims fight back
    21st Jun 17 at 7:49 PM
    #1
    Hi , this is a draft of what i intend to send back to the LBC letter i have recently recieved from VCS. Just thought id run it buy you guys before i submit , many thanks.



    VCS Ltd
    Legal Department

    Vehicle Control Services Limited
    PO Box 4777
    Sheffield
    S99DJ

    21/06/17

    For the personal attention of ******

    Dear *****

    Vehicle Control Services Limited v me
    Proposed Legal Proceedings


    Thank you for your letter of 06/06/2017

    First, the alleged debt is disputed and any court proceedings will be vigorously defended.

    Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead myself the defendant.

    Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

    http://www.justice.gov.uk/courts/pro...action_conduct

    I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

    Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

    Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

    I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

    Yours faithfully

    kdjgntiretjtg
  • loosegoose
    loosegoose Posts: 42 Forumite
    Coupon-mad
    46,829
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    THANKS


    Are VCS writing to you directly, not using BW Legal in this case?

    There isn't any 'Annex A' in the Practice Direction, not since 2015, I think. That's an old letter and somewhat pointless, as it doesn't actually say anything at all.

    You are far better saying something like:

    You have no cause of action. You haven't followed the POFA, you can't hold a keeper liable and don't insult me with template drivel about Elliott v Loake and/or CPS v AJH Films, neither of which apply. You had no reasonable cause to obtain my data and if you commence proceedings I will file a counter-claim for data misuse and harassment.


    yes VCS have written to me directly, not through BW legal, i havnt recieved any debt recovery letters or anything
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK, so make a robust response, as suggested, not an old one about the practice direction.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • loosegoose
    loosegoose Posts: 42 Forumite
    edited 22 June 2017 at 8:33PM
    hi, is this ok , i would like to have tried to alter it slightly but found it hard as you had already worded it so well. thanks.


    Dear VCS,

    RE: PCN ********

    I have received your letter 06/06/2017 where you say : you may commence legal proceedings against mewithout further notice.


    You have no cause of action. You haven't followed the POFA, you can't hold a keeper liable and don't insult me with template drivel about Elliott v Loake and/or CPS v AJH Films, neither of which apply. You had no reasonable cause to obtain my data and if you commence proceedings I will file a counter-claim for data misuse and harassment.

    yours faithfully

    mr
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Haha, yes if you are as happy as I am with the word 'drivel' which is insulting and might annoy the greedy gits. If you prefer a more measured response, change 'template drivel' to 'a template reply'...

    Your choice!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • loosegoose
    loosegoose Posts: 42 Forumite
    drivels fine by me :)
  • loosegoose
    loosegoose Posts: 42 Forumite
    hi I know you have don't like questions about debt collection letters but I'm concerned about the recent company iv had letters from, its from dcbl ltd , are these anything to be worried about as they claim they are part of the tv series cant pay we will take away? iv had letters from zenith and drp etc which I ignored
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    they claim they are part of the tv series cant pay we will take away
    Scary, or what? :eek:

    Unless you have a county court judgment against you (have you checked?), then they're acting as bog-standard debt collectors and the NEWBIES FAQ sticky, post #4 should be followed.

    Is 'iv' anything to do with 'intravenous'? Pl kp txtspk 4 txting ok m8 - so many threads we have to read, make it easy for those trying to help you. I've read over 100 posts already today! :).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    loosegoose wrote: »
    hi I know you have don't like questions about debt collection letters but I'm concerned about the recent company iv had letters from, its from dcbl ltd , are these anything to be worried about as they claim they are part of the tv series cant pay we will take away? iv had letters from zenith and drp etc which I ignored

    IF you have actually watched that programme, you would know that they always appear with a court order, or more likely a high court writ which has followed a court order (and can be applied for if the alleged debt is over £600 once the CCJ has been made)

    they dont just turn up WITHOUT a court order , which is what you seem to be implying

    so the real question is as mentioned above ^^^^^^^^^

    have you checked if a CCJ has been made against you ?
  • loosegoose
    loosegoose Posts: 42 Forumite
    no where can I find out that information?
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