Ticket From VCS Brookshaw Sheffield

RichieBoy56

I have now received a letter from VCS headed 'Letter Before Claim'.


It says that they WILL commence legal proceedings if I do not pay within 30 days.


The letter does not comply with the new Pre-Action Protocol for Debt Claims.


I have previously replied to VCS's pseudo-LBC as post#28 above. Should I just refer them to my previous reply?

Quentin

Better to send the reply in full so that you have chapter and verse in your file should this latest lbcca result in a claim being issued

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

nosferatu1001

Send the full long form reply
Tie them up in responses and MAKE them send you, or make it obvious they are being evasisve

Make it clear you are narrowing the areas of disagreeemtn as the reaosn to request docs, and that this complies with the overriding objective to avoid court action where possible
If they refuse to send docs, respond back stating their behaviour is unreaosnable and a clear breach of the PAP and their duty to avoid court where possible.
State their behaviour will be brought up when you claim your FULL costs, under CPR27.14(2)(g), on the indemniry basis. They are warned now their claim has no prospect of sucess.

RichieBoy56

Is there a template that I can adapt for this please?

KeithP

RichieBoy56 wrote: »

Is there a template that I can adapt for this please?

Yes, in post #2 of the NEWBIES FAQ sticky thread.
But you already know that - re-read post #16.

RichieBoy56

I was referring to the reference to 'the full long form reply' in nosferatu1001's post.

KeithP

So was I.

RichieBoy56

Here is my draft reply:


Dear Sirs,
I acknowledge receipt of your letter headed !!!8216;Letter Before Claim!!!8217; dated 17/04/2018.
I must inform you that this does not comply with the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2, and as such I am unable to respond properly to the alleged claim and to consider my position in relation to it.
I have previously requested information from yourselves in my letter dated 15/11/17 (copy attached) which you have chosen to ignore. I again ask you to provide the information requested in that letter.
I thought by now that you would have realised that I am not the type to roll over when issued with your speculative invoices and threats from solicitors and debt collectors. I would suggest that you desist with this vexatious and misconceived claim and concentrate on the mugs that pay up without a fight, in line with your business plan.
Take note that if you persist with this harassment it is my intention to counter-claim for a sum not less than £500 (or such greater sum that the Judge might consider applies, given the facts) in compensation for my distress and that of my family, caused by your baseless and nasty financial attack on me is causing me.
I will also have no hesitation in seeking to claim punitive costs, pursuant to CPR Rule 27.14(2)(g) and I will not restrict those costs to £19 per hour (the usual LiP rate). I intend to seek recompense for the hours I have wasted on this at a rate of £60 ph (being approximately 50% of costs of a grade D fee earner) which I consider to be eminently reasonable, given the circumstances described.
I expect to hear from you within 14 days to confirm that all charges are withdrawn and that my data as registered keeper is removed from all records held by you.
Yours faithfully,


Constructive comments would be appreciated.

RichieBoy56

Hi all,


It would be appreciated if someone could comment on my draft reply to VCS's Letter Before Claim please. I was angry when I typed it so it may need toning down.


All I really want to say is that as the LBC does not comply with the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2 I do not recognise it as a valid LBC and can therefore not respond.