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

Umkomaas

Because they set a deadline for me to respond by 7/10, but have not updated the case.
So what's the point of the deadline.

Simply that you had until 07/10, and therefore a few more days in which to send it. They have one or two more cases than yours to deal with (aka, they're f..king-well swamped!).

Garyswork2

KeithP wrote: »

But you know you have sent it.

In the unlikely event of any query on that, just wave your Certificate of Posting at them.
If the item was sent First Class, it is deemed delivered two working days later.

Better than that, I sent it to the CCBQ Signed For.
DCBL however, got theirs 2nd class with proof of postage as I care less for their receipt.

Umkomaas wrote: »

Simply that you had until 07/10, and therefore a few more days in which to send it. They have one or two more cases than yours to deal with (aka, they're f..king-well swamped!).

Good. Maybe they will realise that these vermin are a blight on the system.

Umkomaas

Good. Maybe they will realise that these vermin are a blight on the system

They're not just dealing with private parking cases, they're handling the output of increasingly litigious Britain, avariciously following the examples set by our American cousins, who've been swamping the USA court system for years.

There's no one realising anything I'm afraid.

Garyswork2

UPDATE.
I now have my court case assigned to Lincoln on January 7th 2020.

I've drafted my Witness Statement below roughly based on one of Bargepole's.
Hopefully it's not too off point, although I can't help but think it's a bit of a life story.

Also, point 8 on costs refers to 2 invoices that I sent to VCS in 2016, stating that they agree to pay me if they pursue. I would appreciate any advice on this as 4 years of this hanging over me makes me want to take them for all I can get.


In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Vehicle Control Services (Claimant)
and
Garyswork2 (Defendant)

---

Witness Statement

---

1. I am Garyswork2, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

3. I deny every allegation set out in the Particulars of Claim.

4. On 22/08/2016 the Claimant wrote to me as the Registered Keeper for an alleged private parking contravention dated 27/07/2016.

5. I wrote to the Claimant on **/**/2016 pointing out that they were out of time to send a Notice To Keeper according to POFA12 and the terms of their own code of conduct, attached as Exhibit A.

6. The Claimant replied on **/**/2016 denying any kind of appeal based on, in their words, “we are proceeding on the reasonable assumption that you were the driver of the vehicle on the date in question unless you are able to prove the contrary”, attached as Exhibit B.

7. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and I wouldn’t remember as this now dates back to well over 3 years. Also, more than one family member, who I have no obligation to name to a private parking firm, has access to the vehicle. It remains the burden of the Claimant to prove their case.

8. I wrote to the Claimant one last time on **/**/2016 to make my position clear that I am satisfied that they have failed to issue a Notice To Keeper within the required time frame, quoting the Protection of Freedoms Act 2012, section 56, sub 9, para 5, which allows 14 days.
I also stated in my letters that I would be seeking costs if they continued to pursue to what I consider a stressful and inconvenient situation that the Claimant is pursuing against me, attached as Exhibit C and D.

9. Other than a Final Demand from the Claimant dated **/**/2016 the claim appeared dormant until their legal rep wrote to me on **/**/2019, with a now inflated claim.

10. My position on this matter remains the same throughout, as I believe that the Claimant has failed within PFOA12 and the IPC to legitimise their claim.
It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

Coupon-mad

You are missing a LOT of recent stuff that kicks out the added costs, like in this one:

https://forums.moneysavingexpert.com/discussion/comment/76522303#Comment_76522303

And here is a VCS skeleton argument that is following a WS:

https://forums.moneysavingexpert.com/discussion/comment/76516852#Comment_76516852

(that WS is very weak so no copying that) but the skelly covers the new legal arguments so you can copy that and file & serve it with your 'story' WS and evidence. The deadline for submitting your WS & evidence is shown in the court hearing date letter but do wait a bit if you still have some days, as it's best to demolish VCS' own WS if it arrives first!

Below, this other example of a VCS WS is better than yours as it deals with answering THEIR template WS that had already arrived (and even if yours has not arrived, you know from all the zillions of VCS threads you care to read, exactly what it will look like and rely on as they are all the same):

https://forums.moneysavingexpert.com/discussion/comment/76480974#Comment_76480974

IMHO you can't claim monies that you 'invoiced' them for (well, you can but try!) and of course file & serve a hefty COSTS SCHEDULE as per all the other threads:

https://forums.moneysavingexpert.com/discussion/comment/76445468#Comment_76445468

Le_Kirk

It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

Not sure how that works! Who promised you something and what was it?

Garyswork2

Le_Kirk wrote: »

Not sure how that works! Who promised you something and what was it?

To be fair part of my WS was a copy & paste from one of Bargepoles WS and I didn't remove that part, but I suppose 14 days grace before a NTK doesn't constitute a promise.

Garyswork2

The letters I received directing to my local court are below.
I have until December 10th to submit my WS and the same date for the claimant to pay the court fee.

Interestingly the Deputy District Judge has also requested that the claimant provides proof of their entitlement to claim.

In the mean time I will research Coupon Mads suggestions over this weekend.

Le_Kirk

Garyswork2 wrote: »

To be fair part of my WS was a copy & paste from one of Bargepoles WS and I didn't remove that part, but I suppose 14 days grace before a NTK doesn't constitute a promise.

Nothing wrong with copying and pasting especially from one of Bargepoles's missives but it falls to you to understand it, as you will be the one who might be asked by the judge "what do you mean by promissory estoppel?"

beamerguy

Interestingly the Deputy District Judge has also requested that the claimant provides proof of their entitlement to claim.


The judge might be aware of VCS and he might be aware of the fake £60 abuse of process