Vcn fine appeal rejected by ias

Ghatz

Sorry to bother again,
In replying to the LBC do i need to submit all my evidence again at this point or do i do that once i recieve the court paperwork, Reason why ask is that the forms to return ask me to tick one of 4 boxes Box D is the one i assume i tick as this box allows me to dispute the debt.

Section 4 then asks for me to tick box H if i want to enclose documents and why i think these are important

Tick Box I if i need more documents or information again do i need more information at this stage?

I won't be completing the financial statement as i do not tbelieve this to be relevant to them.

MCOL is this something i need to register for now?

I am submitting a SAR to the DPO at VCS and will use the template on post 2 of newbie thread. I want to send this reply form as it states that i only have 30 days to respond and it took a week for it to arrive to me second class post.

KeithP

Are you no longer following the guidance in the NEWBIES thread?

It clearly says in there:

DO RESPOND - but DO NOT use the 'reply forms'.

You cannot do anything on MCOL until you actually receive a County Court Claim Form.

Ghatz

So if i do not use the forms what do i respond are there any response templates to the LBC

I am happy to write a reply but not knowing what to say is the thing that ways on my mind. I have read and re read and read again the newbies thread and cant see what to do. I have written the SAR request and will send this tomorrow using the template on the newbies thread.

I appreciate this may seem inane to most but being a medical person and not a lawyer this is a clear as mud to me so any help is greatly received.

waamo

There are no templates as such, each case turns on its own facts. In saying that the Newbies thread has links to some very good examples that you can base yours on.

Essentially you need to tell them in no uncertain terms they are wrong and you intend fighting this. You do not have to disclose your defence points at this stage.

Ghatz

Does this fit the bill as an acknowledgement of LBC letter

Dear Sir/Madam

This is a letter in response to the Letter Before Claim that was sent by you on the **/**/2019 and received by me on the **/**/2019 Your reference number *****
This letter is a was also sent to the email ************.uk

Please accept this letter as acknowledgement of your Letter Before claim and an indication of my intention to fight this Parking Charge Notification issued. It is my belief that the parking charge was issued unjustly and look forward to presenting my evidence in court and await the arrival of the county court claim form in which my witness statement and defence statement along with supporting evidence will be available to you. I shall now start to compile my responses as required by the practice direction.

I take this opportunity to remind you that your company must comply with ALL steps in the Practice Direction BEFORE starting court proceedings. Having looked over the LBC received I do not believe that this letter is fully compliant it appears more to be a deliberate attempt to mislead myself in order to settle and I draw your attention to Para 4 of the practice direction with particular reference to “Only reasonable and proportionate steps should be taken by the parties to identify, narrow and resolve the legal, factual or expert issues”

Furthermore In my appeal I stated that I fully expected this to be assigned to POPLA for arbitration only to be issued with IAS as the appeals service. I again make that offer and if administered a POPLA code would happily engage in that appeal process as POPLA and abide by that ruling.

I would like it put on record that I have submitted a Subject Access Request and would appreciate the case being put on hold until this has been actioned. This has been requested by letter and also by email at d***********co.uk

KeithP

I would remove this paragraph:

Furthermore In my appeal I stated that I fully expected this to be assigned to POPLA for arbitration only to be issued with IAS as the appeals service. I again make that offer and if administered a POPLA code would happily engage in that appeal process as POPLA and abide by that ruling.

VCS are members of the IPC's Approved Operator Scheme and as such cannot offer a PoPLA appeal service.
PoPLA is only available to BPA AOS members.

Perhaps your last paragraph would be better something like:

You need to know that I am seeking debt advice, and as stated in paragraph 4.2 of the Pre-Action Protocol for Debt Claims, you need delay the start of any court proceedings by thirty days.

Coupon-mad

Are you reading this forum on a phone, Ghatz? STOP, if so. Never use a phone here.

Ghatz

So the claim form arrived today! Which was expected.

Naturally I am going to contest the claim. The question I have is where it offers a section to offer defence.

How much detail do into go to here? will this be my only opportunity to present my argument?

Secondly on the paperwork there is a section that’s stated if this claim results in a judgement order against me. The details will be entered into a public register they then get passed on to credit reference agencies. Which will provide them to credit grantors. It states this will make it difficult for me to get credit. Is this irrespective of whether I lose and pay within 30 days.

Thanks in anticipation of responses.

Redx

Do not fill in any paperwork at all, stop rushing

Read the newbies thread again post #2 explains how to do the AOS on the mcol website, do not put anything in the defence box, not even a full stop

Once the AOS is completed online , email a SAR to the PPC if not done already, attaching a copy of the claim form to the email as proof of ID under the GDPR

Then start drafting your defence in word or similar

Post the issue date from the top right of the claim form below

Also the POC and the costs breakdown and total too

Any evidence etc is submitted with the witness statement nearer the court hearing date
This is when your argument is submitted

As long as you pay the CCJ within the time allowed by the judge, usually 30 days, your credit rating is unaffected

nosferatu1001

IF you lose - a big if! - then IF you pay within one month the CCJ is *removed* from the register - so there is a briedf window when it could affect you.

SO just dont apply for credit in that window, IF all that happens. Easy.

You have ONE chance to submit your *defence*, and ONE ONLY.