Liverpool Airport VCS Letter Before Claim

BabyDaisy15

Hi everyone


Short of boring you with the usual details, I have received what I think is a letter before claim for committing a 'no stopping' offence back in December which I have chosen to ignore until now. I know this is unlikely to go near a court and have had a look at the various forums to draft an appropriate response letter but I'm not sure this is the most appropriate response. Please can you advise? I did originally send a letter asking for details regarding the contract between VCS and the landowner and evidence of signage etc in my appeal. I have not admitted who the driver is.



Dear Sirs,

In reference to your latest letter dated DATE I am surprised to receive this since I have still not received any correspondence from you containing sufficient detail of the claim nor have I received any copies of evidence on which you place reliance.


You must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.


Your letter lacks specificity and breaches both 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. Please treat this letter as a formal request for all of the documents / information that the protocol now requires you to provide. You cannot issue proceedings without complying with that protocol. I reserve the right to draw any failure by you to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.


Therefore, I require you to comply with your obligations by sending me the following information/documents:

• an explanation of the cause of action
• whether you are pursuing me as driver or keeper
• whether you are relying on the provisions of Schedule 4 of POFA 2012
• what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
• Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
• Is the claim for trespass? If so, provide details.
• Provide me a copy of the contract with the landowner under which you assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 establishing yourself as the creditor;
• a plan showing where any signs were displayed
• details of the signs displayed (size of sign, size of font, height at which displayed)
• Provide details of the original charge, and detail any interest and administrative or other charges added
• Provide a copy of the Information Sheet and the Reply Form

Until you have complied with your obligations and provide this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you choose to do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.



Yours faithfully,


Keeper

twhitehousescat

there are two active vcs/jla cases on the go on pepipoo , so stop thinking " I know this is unlikely to go near a court " as it may well do

keep a good paper trace , for this

BabyDaisy15

I have been through various threads including one on Pepipoo which is at the letter of claim stage but I am aware none have actually reached a hearing as of yet.


Do I wait or reply to the letter?

The_Slithy_Tove

Your LBC response is a bit too generic for these VCS/LJA airport cases. As you'll see from the Pepipoo threads, of which there are many, the whole setup there is not like any other PPC setup.

twhitehousescat

BabyDaisy15 wrote: »

I have been through various threads including one on Pepipoo which is at the letter of claim stage but I am aware none have actually reached a hearing as of yet.


Do I wait or reply to the letter?

there are TWO cases on pepipoo , one of which has been taken off board AS PAPERS HAVE BEEN 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.