Letter Before Claim - VCS

blakbruker

Thanks RedX, I now have:

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 area but give no explanation of  what was prohibited or restricted about the location.

7. If the Claimant is intending to state that the driver or keeper left site then the Claimant is put to strict proof that the driver, or the Defendant, left site

Coupon-mad

I'm not seeing anything about the POFA.

blakbruker

That was point 4, I hadn't rewritten that. Is this sufficient?

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. Furthermore the wording of the NtK fails to comply with the requirements of the PoFA

nosferatu1001

I'd refer to the para that it fails. 

blakbruker

The defence was submitted and the direction questionaire received. The RK received a letter from VCS saying both parties are expected to try to settle out of court etc and they would accept a payment of £125. Unfortunately the RK has decided, with everything that's going on at the moment (they are an NHS frontline worker) that they want to settle. It's disappointing but there's enough stress at this moment (guess that's the reason why these parasites are taking it to court now). My question is does the direction questionaiire still need to be completed and sent. And can VCS be trusted that payemnt will be the end of the matter? They've submitted bank account details and a reference number for payment.
Gutted the fight is over.

Coupon-mad

Gutted is the word!  The rk wants to line the pockets of this ex-Captain Clampit:

https://www.transportxtra.com/publications/parking-review/news/38405/excel-parking-marks-20-years-of-operation/

https://www.dailymail.co.uk/news/article-2713705/The-parking-ticket-fat-cats-one-s-chum-Prezza-two-drive-Aston-Martins-Meet-men-ve-millions-motorists-misery.html

a person who is the controlling mind behind this sort of scam ticketing:

https://www.thescottishsun.co.uk/news/6121961/war-hero-hauled-court-parking-disabled-bay/

https://www.dailymail.co.uk/news/article-542355/Judge-quashes-300-parking-fine--set-frighten-intimidate-driver.html

https://irp-cdn.multiscreensite.com/aaf9e928/files/uploaded/DVLA-BPA-Cutts12June2012_v2_mf.pdf

blakbruker

I know Coupon but it's either that or pay the £185 as the RK doesn't have the time for witness statements and court appearances, it will be the driver who actually pays. What I'm concerned with is them paying and then VCS still continuing the court process. I don't trust them as far as I could throw them