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NON-STOP PCN from Southend Airport ******* Case Dismissed, Now VCS appealing ********

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  • IamWood
    IamWood Posts: 440 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 21 November 2019 at 8:52PM
    I was advised with the following reply. Please help with the wording -- Thanks :)

    Dear Sirs,

    Unfortunately for you I wasn't born yesterday so I won't be paying the demand, as you clearly know what I know and that there is no liability in this matter because the land is covered by its own byelaws. The signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160 is just a nonsense.

    As VCS has been spanked at court on this very same thing several times before I suggest that you tell your client to discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey Civil Procedure as well.

    Should you decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and the seek damages for breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016.

    Even Will and John, the parking worlds worst solicitors seem to have got fed up with Simple Simon's stupidity and greed and presumably that is why you are wasting your ink on his behalf.

    Yours faithfully
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 November 2019 at 9:31PM
    If this goes to court, what would you imagine a Judge's reaction might be to reading this?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    SCRAP THAT .... they will just laugh at you

    This has to be a letter telling them what they know already and you will be using the same information if they proceed further

    EG: They were told on appeal that they cannot charge the fake £60
    District Judge Jones-Evans in the Caernarfon Court in Case number FTQZ4W28

    They have a problem with their operation at the airport

    =====================================
    Unsure why you refer to Gladstones as VCS do it themselves nowadays since BWLegal kept losing for them
    I am certain VCS already know how incompetent Gladstones are and would never use them. It's just the IPC they belong to

    Delete the last paragraph and sit and think about what will deter them. Remember "sticks and stones"
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IamWood wrote: »
    I was advised with the following reply.
    Change your adviser.
  • IamWood
    IamWood Posts: 440 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Is there a template that I can follow? I cannot find any template in the NewBies post.

    Thanks a lot.
  • IamWood
    IamWood Posts: 440 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    What about the following reply? Thanks

    Dear Sirs,

    Thank you for your threatogram.

    I won't be paying the demand for payment because I owe you nothing.
    You know fully well this land is covered by its own byelaws so there
    is no liability in this matter. The signage is prohibitive and not an
    offer of a contract so no contract has been breached. Anyway the POFA
    limits any charge to the specified sum so your demand for the
    imaginary £160 is nonsense.

    You, however, have broken the law by lying to the DVLA to get my
    details. I am entitled to suing you for the breach of the GDPR for
    unlawfully processing my personal data.

    As VCS has been spanked in court on this very same thing several
    times, I suggest that you discontinue this foolishness and obey the
    SRA rules of conduct and Civil Procedure.

    Should you decide to continue, I shall be asking for a full costs
    recovery order for unreasonable behaviour and seek the damages for
    breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016.

    A formal complaint about your predatory conduct will be made to my MP.

    Yours Faithfully
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    My reaction is the same as Umkomaas in post #23 above
  • IamWood
    IamWood Posts: 440 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Received the court claim through the post today. What should I do now? Please help!

    Thanks in advance.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    post the ISSUE date from that claim form , top right

    email a SAR to the DPO at the PPC with proof of I D such as a copy of this court claim form, so they know its you for GDPR compliance (if the SAR has not already been done)

    start drafting your defence and post it below for critique
  • IamWood
    IamWood Posts: 440 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thanks to @Redx.

    The ISSUE date is 29/01/2020. I have not done the SAR yet. Is there an example of SAR?

    Thanks
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