Failed appeal, ignored letters, now what?

H17

Hi, I have read the Newbies thread now around 18 times, and all related threads about this.

I have tried to follow the advice on them but am now getting towards the stage which requires defences etc and I wanted to be sure I was doing the right thing.

I received a NTK after my vehicle was parked on a private road on 15/06/18, I appealed using the template to MyParkingCharge.co.uk. They have said they have links to both Excel and Vehicle Control Services.

As predicted that appeal was denied and I was given the option to appeal to IAS, I used the threads on here to research this. I got confused by some threads and did appeal to the IAS which obviously got rejected.

They did not notify me that the appeal had been rejected on :11/09/18 They had previously sent emails notifying when action had been updated on their site. I had no knowledge of this.
I then received a "Demand for payment" from Vehicle Control Services on 27/09/18 demanding £160. This letter gave 14 days to respond.

After this I received a further letter titled "Final Demand" on 12/10/18 which gave until 19/10/18 (only 7 days!!) to respond.
Obviously I have missed this deadline now.

Is this the section where I need to respond and have a draft defence ready or am I misinterpreting the 14 day warning as intended court proceedings. On the "Final Demand" letter it does state "we are giving you a final opportunity to settle your account before we commence county court proceedings" further down it then states "in the event that we commence county court proceedings" and then "if we successfully obtain a county court judgement" - This is what is making me worry that this was the section where I needed to respond.

Any advice on what I need to respond to and when would be greatly appreciated.

Thank you in advance!
H

Umkomaas

Wait until you get a letter headed Letter Before Claim/Court/Action (or similar) giving you 30 days to respond.

If this case is going to get to court, you won't be having a hearing for around 4-5 months.

If you want to do some advanced preparation, then restrict your reading to the NEWBIES FAQ sticky, post #2 which covers everything from LBC through to the hearing. But you're not there yet!

fisherjim

Don't forget they are nasty scammers who want you to get confused, confused people make mistakes, use this forum first before letting them get to you.

beamerguy

"After this I received a further letter titled "Final Demand" on 12/10/18 which gave until 19/10/18 (only 7 days!!) to respond.
Obviously I have missed this deadline now"

WHAT DEADLINE ???? We don't take any notice of scammers
deadlines .... whatever next ???

As said above, you only take notice if you get an LBA
and then VCS must start to behave correctly, it's the law
THAT MUST GIVE YOU 30 DAYS TO RESPOND

H17

Thanks!

I'll continue to ignore for now then and come back if I get that letter from them

I appreciate the advice

H

H17

Hi again,

So today the 'letter before claim' arrived and I have until 22/11/18 to respond

Can I please get some advice regarding this?

Thank you in advance
H

Coupon-mad

Just read any other thread talking about a LBC (search the forum, we have dozens every week about LBC replies). So get searching for the word LBC.

I say, do not use a template and just respond denying liability (we hope you have never said who the driver was!) and asking for all photos taken, all notes and updates, all data held and copies of the 'CN' and letters.

This will NOT stop it.

There will be a claim but we have 99% win rate and there is already a VCS example defence in the NEWBIES thread, about the 'NOT A PARKING CHARGE NOTICE' hybrid rubbish model.

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 in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an
M.P. for unprofessional conduct

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

H17

Good evening, I have been reading the LBC threads and the newbies thread. I am not 100% sure of my response as yet, but I have drafted the below after reading the others. Please note that my LBC seems to be from Vehicle Control Services themselves rather than a solicitor/someone acting on their behalf. I am also assuming I do not fill in the form that they enclosed within their LBC?

Here is my draft response:

To whom it may concern,

I am receipt of your letter before claim dated XX/XX/XXXX. Your letter contains insufficient detail of the claim and fails to provide copies of evidence you place reliance upon. As the keeper of the vehicle, I continue to deny liability.

You must be aware of the fact that on 01.10.2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol 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 documentation and information that the protocol requires you to provide. You must not issue proceedings without complying with said protocol. I reserve the right to draw any failure to comply with the protocol to the attention of court and to ask the court to stay the claim and order you to comply with its pre-action obligation and when costs come to be considered.

As a serial litigator you must be familiar with the requirements of both the Practice Direction applicable pre 01.10.2017 and the protocol which applies thereafter. As you are likely aware, the Practice Direction and Protocol bind all litigants, regardless of the size or type of 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 position and to negotiate a settlement, or at least narrow the issues, without incurring the cost of the court proceedings or using valuable court time. It is astounding that yourselves are sending consumers a vague, and unevidenced ‘Letter Before Claim’ in complete ignorance of the pre-existing Practice Direction and protocol changes.

No one is immune from these requirements and obligations of the Practice Direction and Protocol.
I require you to comply with this by sending me the following documentation and information:
1. An explanation of the cause of action.
2. Whether I am being pursued as the keeper or driver of the vehicle.
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 that the vehicle was parked, for how long, how the monies being claimed arose and how it has been calculated.
5. Is the claim for a contractual breach? If so, provide a copy of that contract, baring my signature. Or is the claim for trespass? If so, please provide details.
6. A copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC Code of Practice Section B, Clause 1.1.
7. A plan showing where any signs were displayed at the time of alleged contravention.
8. Details of the signs displayed (size of sign, size of font and the height in which they are displayed).
9. Details of the additions to the original charge, what that represents and how it has been calculated.
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] EWCH 3529 (Ch), Daejan Investments Limited V The Park West Club Limited (Part 20) – Buxon Associates [2003] EWCH 2872, Charles Church Developments Ltd. V Stent Foundations Limited & Peter Dann Limited [2007] EWCH 855 in asking the court to impose sanctions 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 the obligations and provided this information I am unable to properly respond to the alleged claim and to consider my position in relation to it. It is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you do so, I will send an immediate stay pursuant to Paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,
XXX

I would be very grateful of any advice you could give please, I am hoping to send the letter at some point this week if possible.

Thanks in advance
H

Coupon-mad

Remove all of this and remove half the questions as they are pointless and over a year old, in fact this template is ANCIENT:

You must be aware of the fact that on 01.10.2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol 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 documentation and information that the protocol requires you to provide. You must not issue proceedings without complying with said protocol. I reserve the right to draw any failure to comply with the protocol to the attention of court and to ask the court to stay the claim and order you to comply with its pre-action obligation and when costs come to be considered.

As a serial litigator you must be familiar with the requirements of both the Practice Direction applicable pre 01.10.2017 and the protocol which applies thereafter. As you are likely aware, the Practice Direction and Protocol bind all litigants, regardless of the size or type of 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 position and to negotiate a settlement, or at least narrow the issues, without incurring the cost of the court proceedings or using valuable court time. It is astounding that yourselves are sending consumers a vague, and unevidenced ‘Letter Before Claim’ in complete ignorance of the pre-existing Practice Direction and protocol changes.

I did say SEARCH THE FORUM FOR LBC

When you do a forum search for posts, using a keyword or two, you don't get old results, you get this weeks posts!

PLEASE DO NOT LOOK FOR A TEMPLATE, LOOK AT RECENT REPLIES ON LBC THREADS WHICH TELL PEOPLE TO AVOID A TEMPLATE.

H17

Hello again,

I have been doing some more reading (using the correct searching method!)

I have looked at a fair few now and I have a question please....

Some advice is to send a response saying what information you want (those 10 bullet points that are all over the threads) and the paragraphs which cover this information. I have also seen advice saying to put a Data protection request in using a template on "legalBeagles"

One was to the Parking firm, the other the solicitors.

In my case they are one and the same, the correspondance has come from Vehicle Control Services.

Which would be best for me to do, a formal letter with the request, or a data protection - Subject access request?


Thanks again
H