Letter Before Claim - VCS

randomname47

Hello all, many thanks for reading this post.
Recently received a "Letter Before Claim" letter directly from VCS (not a representing solicitor) in respect of 5 'CN's totalling £500 - To be honest, I did the silly thing of follow the "ignore it, you have a permit, it'll just go away" advise and now I'm obviously worried about the consequences.
They have given me just under a month to pay the £500 before they commence legal proceedings.
All 5 of these parking charges were issued in the same business park (where my work building resides) and I do have a permit registered with my own vehicle registration.
On the days in question, I was going through a "new-car" transition and was given a temporary permit, which was basically a piece of paper with a permit on it, but wasn't firmly attached to my windshield. 2 of the CN's were issued because the permit hadn't been displayed clearly, but I took photos of the permit and I could see all the details on it. Another 2 CN's were issued because the permit had fallen off my dashboard and into my seat. The weather was atrocious and I was parked on a very steep banking (which is one of our allocated spaces). The last CN was issued because our admin department didn't have any spare temporary permits and I couldn't park anywhere else.
I do have a new permit and have kept my old permit for evidence, but I'm not very legal-savvy and in real need of the forum's expertise.
Any help or guidance would be greatly appreciated.

Redx

nothing wrong with "ignoring it"

nothing you could have said or done would have changed the scenario so far , although what you could and should have done is get the landowner or employer or whoever employed the par@sites to cancel the tickets - so do this ASAP

and follow the LBC advice in post #2 of the NEWBIES FAQ sticky thread and contruct your own rebuttal to their LBC

Bear in mind that the aim of this PPC is to keep unauthorised vehicles out , to allow permit holders who have parking permission , to park , but they prefer to target the captive audience

randomname47

Many thanks, Redx.
I'll get our MD to contact the landlord ASAP and try to get it all cancelled.
Meanwhile, I'll draft up a rebuttal just in-case.

Umkomaas

Recently received a "Letter Before Claim" letter directly from VCS

They cannot just stick 'Letter Before Claim' at the top of a letter without fully complying with the Pre-Action Protocol for Debt Claims (PaP). If they have not followed the PaP precisely, you should robustly call them out on it, then produce a list of demands for the information you are entitled to and which they are required to provide.

Go through the PaP - and start making your list!

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for alleged 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 nearly always lose, and have been reported to the regulatory authority by an M.P.

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 most of these companies may well be put out of business by Christmas.

Coupon-mad

randomname47 wrote: »

Many thanks, Redx.
I'll get our MD to contact the landlord ASAP and try to get it all cancelled.
Meanwhile, I'll draft up a rebuttal just in-case.

Definitely reply to VCS on time and don't rely on any third party who says they are doing something. Whatever you do, respond even of you list a load of stuff you want - evidence, all photos taken, including of the signs, etc.

Keep proof of posting/emailing VCS.

randomname47

Many thanks guys - I've written my response to the LBC letter as guided by Daniel San's letter in #2 of the Newbie's sticky post (requesting evidence etc).
One question, should I back this up with another letter stating that I'm a valid permit holder, in the correct parking bay, or shall I add these details onto the response to the LBC letter?

Coupon-mad

Wait for the reply, and certainly don't fire anything off that sounds like you are telling them who parked the car. At this point you are only the keeper, and VCS can't hold keepers liable.

Keep it that way.

randomname47

They have replied to my letter and have made a drastic (hopefully) administration error in their letter.
The letter states the following

"What are the details of the claim / An explanation of the cause of action."
The vehicle bearing the registration number XXXX XXX had been observed to have stopped on private land in a restricted area where stopping was not permitted on DATE at TIME at the "Wrong Site". This gave rise to a claim of £100.00 as per the terms and conditions of the private land.

The only thing is, "Wrong Site" is not actually the correct site, I was not parked at "Wrong Site" as I've never actually been there in my life and they haven't provided evidence that I was at said site - This must be an administrative error, is this something I can catch them out on?
It also states £100, but I received 5 x £100 fines at a completely different site.

randomname47

This is the letter I have drafted in reply to the said letter:

Date: 6th April 2018
Your Ref: XXXXXXX

Dear Sirs,

I am in receipt of your letter and have noted the contents therein.

Having asked yourselves to provide !!!8216;What are the details of the claim / An explanation of the cause of action!!!8221; you have provided the following statement (see attached photocopy of letter XXXX).


!!!8220;What are the details of the claim / An explanation of the cause of action.
The vehicle bearing the registration number XXXX XXX had been observed to have stopped on private land in a restricted area where stopping was not permitted on Date & Time at the !!!8220;Wrong Site!!!8221;. This gave rise to a claim for £100.00 as per the terms and conditions of the private land.!!!8221;

This statement is completely false and you have not provided evidence to show that my vehicle has ever entered the !!!8220;Wrong Site!!!8221;. I personally do not know these establishments and have researched the possibilities of where the !!!8220;Wrong Site!!!8221; could reside.
See possibilities below.
- XXX (address)
- XXX (address)
Again, my vehicle registered XXXX XXX has never visited the above establishments and you have not provided evidence that proves otherwise.
In contrary to the statement provided in letter referenced XXXX), I can provide evidence proving that my vehicle registered XXXX XXX was in another location at the date and time stated.

Kind regards,

Umkomaas

Please switch off your Smart Punctuation to get rid of all the !!!8221n gobbledygook. Every apostrophe and some other punctuations convert to exclamation marks and numbers.

Go to 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

Switching off seems to have no detrimental affect on any other use of the keyboard.