VCS issued PCN after 25 days, I told them where to stick it, now DCB Legal have sent me an LBC

KeithP

Garyswork2 wrote: »

9. It is submitted that the claim falsely includes interest dating back to 2016. The claimant did not bring the case to claim until 5/8/19 and is attempting to claim interest for those 3 years on the inflated claim for damages as mentioned in statement 8.

Check the signs.

Did they say something like "by parking here and breaking the rules you agree to pay us £100 within 28 days"?

If so, they can probably charge interest from the end of that 28 day period.

Umkomaas

Garyswork2 wrote: »

Yes, having done the maths their 3 years interest is also on the fake £60 that they added 2 years after the event. I would call it a fraudulent claim of interest, but I'm not confident in bringing that word in to court.

Rather than 'fraudulent', use 'spurious' (or even 'extremely spurious').

Garyswork2

KeithP wrote: »

Check the signs.

Did they say something like "by parking here and breaking the rules you agree to pay us £100 within 28 days"?

If so, they can probably charge interest from the end of that 28 day period.

I don't know, the car park in question is 60 miles away and the signs may have changed in the 3 years since the event.

The interest will be on the £100, but is also on the additional £60 that they first notified me was added 3 years after the event. So unless the sign accounts for interest and additional costs then they're adding 3 years interest of an amount that was added less than 1 month ago.

Umkomaas wrote: »

Rather than 'fraudulent', use 'spurious' (or even 'extremely spurious').

Ammended

KeithP

Garyswork2 wrote: »

So unless the sign accounts for interest and additional costs then they're adding 3 years interest of an amount that was added less than 1 month ago.

Yes, I agree. The sign will not have mentioned that extra £60- which is part of the argument that it cannot be charged at all. The contract terms cannot be altered, by adding that £60, after the contract terms were allegedly agreed on the day of parking.

Garyswork2

The SAR arrived from VCS today. Let me know if there is anything specific that you want to see.

Now I have copies of the failed IAS appeal, confirmation that they acknowledged an invoice I sent them for wasting my time back in 2016 (no they didn't pay it, but I did write to say that they accept my charges if they pursue), and I have copies of their correspondence to confirm that the fake £60 did not exist whilst VCS were chasing me in 2016 before they referred it to BW Legal who sat on it for 18 months and then it ultimately went to DCBL.

I also have copies of the timeline of the claim (see below).
https://ibb.co/HdRVRgc

Also, out of interest, were DCBL not required to wait 30 days for my SAR?

Garyswork2

So I was about to press the go button on submitting my defence on MCOL, but it says that I must have it written in to my defence, which I notice it is not.

Now back in 2016 when the alleged event took place I replied to them with an invoice of my costs which naturally they refused.
From their SAR, see -
https://cdn1.imggmi.com/uploads/2019/8/31/e71d24c6a05b7e74436ed5347bf52329-full.jpg
&
https://cdn1.imggmi.com/uploads/2019/8/31/d396fbdf3efc721de9a030b0c1e5be1b-full.jpg

I would like to take this opportunity to "stick it to them". What can I realistically expect to counter claim for and what do I need to write for the counterclaim when submitting the defence on MCOL?

n.b. I have to do this by Sept 9th.

KeithP

Garyswork2 wrote: »

So I was about to press the go button on submitting my defence on MCOL...

I am disappointed to read that.

Can I suggest you re-read post #35 above which I hoped explained that you should file your Defence via email?

There are very good reasons for not filing a Defence via the MCOL website, and they are explained clearly in post #2 of the NEWBIES thread.

Garyswork2

KeithP wrote: »

I am disappointed to read that.

Can I suggest you re-read post #35 above which I hoped explained that you should file your Defence via email?

There are very good reasons for not filing a Defence via the MCOL website, and they are explained clearly in post #2 of the NEWBIES thread.

Noted. I had misread it as that's how I send the defence Doc as an attachment.
What about the counterclaim?

KeithP

What are you counterclaiming for?

If you are thinking about recovering your costs then those should be included in your Costs Schedule, which comes later - see post #2 of the NEWBIES thread.

Garyswork2

KeithP wrote: »

What are you counterclaiming for?

My time dealing with the matter, responding to them, travelling to the post office and the associated costs of sending them a letter. After all, they're the ones who think they have a claim and are bringing this to court. My time must be worth something as i've got far better things to do, let alone the stress it's causing me. Next time I'll likely just pay the £60 and get on with my life. This thing is 3 years on.

KeithP wrote: »

If you are thinking about recovering your costs then those should be included in your Costs Schedule, which comes later - see post #2 of the NEWBIES thread.

Thanks. The MCOL site says that it has to be in with your defence, so I thought that I have to write it somewhere in my defence statement.

This it what it says on the website:-
Before you can make a counterclaim against the claimant you must:
be defending all or part of the claim against you
and
have indicated in your defence that you intend to make a counterclaim