VCS parking Correspondence

rafiksalama

Hi,

Thanks a lot for reading this thread and answering.

I have parked one day in a private park in the place of one of my friends, where he gave me the access code, and the location of the parking place he owns.

I then got a parking notice, mentioning that I shouldn't park in this place, and that this is a private place.

I responded mentioning that I was authorised by the parking place owner, they then requested a proof of this authorisation. At that time, I completely forgot that he sent me a text with the code and parking place, and told them that I was authorised verbally. They then came back and rejected the appeal, saying that I shouldn't have parked as it is a private place. My friend then reminded me with the text message, which I now have a photo of.

Anyway, I wanted to settle after this, but I went overseas in a holiday and by the time I came back, I found that I cannot settle the £60, and have to pay £100. I emailed them that I was away, no one replied.

I have now received a debt recovery plus LTD for £160. I know the FAQs mention don't pay, but I am not sure if that will up hold in court or not. Obviously I was asked by my friend to park in his place.

Can you advice please?

Thanks a lot for your help,

Best Regards,

Rafik

KeithP

rafiksalama wrote: »

Can you advice please?

Yes, certainly can.

Post #4 of the NEWBIES FAQ sticky thread gives comprehensive guidance on how to deal with debt collector's letters.

Please read that, but in summary, ignore debt collector's letters.

rafiksalama

Thanks a lot.

The post encourages to send Debt Recovery Plus a response letter. Is it worth it?

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.

KeithP

rafiksalama wrote: »

The post encourages to send Debt Recovery Plus a response letter.

Does it?

I read:

IF YOU REALLY WANT TO WASTE HOURS ON IT THEN PLEASE NO NEW THREAD, JUST SEARCH THE PARKING FORUM FOR THEIR NAME AND MAKE A CUPPA AND READ ALL ABOUT THEIR SILLY LETTER CHAINS, AND EITHER SEND ONE ROBUST REPLY OR TOTALLY IGNORE THEM.

I recommend the second option.

THAT'S ALL.

rafiksalama wrote: »

Is it worth it?

You decide.

Coupon-mad

I still recommend the second option, and we need no threads about debt letters.

rafiksalama

OK, I have now received a Letter Before Claim after a lot Debt collector letters, that included the reply Form and the financial sheet, which I am going to respond to, using the following template.

Do you have any other recommendations?

Dear VCS,

Date xxx

Your Ref: xxx

Dear Sirs,

I am in receipt of your Notice of Intended Court Proceedings on xxxx

Your letter contains insufficient detail of the claim and fails to provide copies of evidence you place reliance upon.

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 notice 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 must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order you to comply with its pre-action obligations, and when costs come to be considered.

As you have a history of threatening court action you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter. As you must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that you are sending a consumer a vague and unevidenced ' Notice of Intended Court Proceedings’ in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody is immune from the requirements and obligations of the Practice Direction and now the Protocol.

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

1. an explanation of the cause of action
2. whether you are pursuing me as driver or keeper
3. whether you are relying on the provisions of Schedule 4 of POFA 2012
4. 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
5. 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.
6. Is the claim for trespass? If so, provide details.
7. 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”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form
If you do not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until you have complied with its obligations and provided 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 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,

xxx

KeithP

You tell us that they have sent you a Reply Form.

Why does item 11 remain on your list of requirements?

rafiksalama

Yep, good point, will remove that.

Actually, Should I use the reply form, since they provided it?

Thanks a lot

Rafik

nosferatu1001

I woudnt, given that the reply form isnt great, but opinion varies.

Coupon-mad

I don't like the template at all and the OP should just send a SAR to the parking firm online, and a holding letter to the solicitors. Same as all other LBC threads on the forum right now - just read a few!

I am bored with typing that in response to every LBC thread...can't yet edit the NEWBIES thread, but I will when it's open and when I have time.