Letter Before Claim - VCS

blakbruker

Thanks all, well the RK has decided that they are up for the fight so t's full steam ahead. They have sent a SAR request to their DPO and going to draft a response to their LBC today just saying thanks but you are owed didley squat Ithey're getting debt advice and won't reveal the details to you. I've read on other posts about needing to reply within 14 days but this LBC just keeps stating 30 days, is that a ruse to make the RK miss a deadline? Is it worth me putting the LBC on in case there's any non-compliance in it or is it not an issue at this stage?

Le_Kirk

The correct time scale for a LBA/LBC is 30 days.  If it says 14 days it is not a formal LBC/LBA.

Redx

As above

14 days is just a debt letter , nothing special

30 days plus the inclusion of financial forms is a formal LBC

Sending the SAR is a good idea in either case in order to obtain the data and documents

blakbruker

Thanks RedX, just checking ttough, the advice ISN'T to complete their forms though? Is there no danger of breaking any procedures by not completing their forms? The RK was half thinking of just ticking the "I do not owe this debt" box and sending it back.

Le_Kirk

You do not need to complete their financial forms.

Redx

Those are standard forms and are of more use where contracts have been signed and are in default

The forms are of no use in parking cases , therefore the advice on her is do not fill in or return them

No point in asking , our advice is not to return them, you can ignore our advice if you want , because as they say , it's your funeral and your decision , but personally , I would not fill them in , nor would I send them back either

D_P_Dance

I also would ignore.

blakbruker

There has never been any intention of completing the financial documents! Going to follow up with the initial LBC rebuttal letter and see what they send back. 

blakbruker

Well the RK has finally received the County Court Claim Form so at least this business can be settled once and for all and hopefully with a finger in the eye to VCS. Below is the first draft of the defence, largely taken from the template defence for increased costs. I'm sure sections 3,4,5 and 6 will need work, any suggestions greatfully received.

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. Also the Defendant was not the driver of the vehicle in question at the time in question. 

 

3.  The driver of the vehicle found a document attached to the windscreen of the vehicle which can only be described as a Notice to Driver. The Defendant received a Notice to Keeper a week after this date in question and promptly appealed but was rejected, as was expected by all accounts sue to the inpartiality of the IPC. Thus followed many harassing and threatening letters. The Defendant asked the Claimant to take the matter to court if they believed there really was a case to answer but instead many more letters of harassment were received from the Claimant and agents acting on their behalf.

4. The receipt of the Notice to Keeper, less than 28 days from the issue of the Notice to Driver fails to comply with the Protection of Freedom Act 2012, Schedule 4

5. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

6. The Particular of Claim state that the Defendant breached advertised terms and conditions , namely parking in a restricted/prohibited are but give no explanation of  what was prohibited or restricted about the location.

nosferatu1001

Pleas eonly post the parts you altered. we dont want to look through for anyc hanges made