Being sued again for a previous ticket

Peeves

Hi all,

I was taken to court by VCS in 2019 for a ticket dated 2018 which was struck out because VCS provided no evidence of landowner authority. That case was for the second ticket I received from VCS. I had received a ticket before that, same car park and circumstances, in 2017. I have now received a letter before claim for that earlier ticket. Am I correct in thinking that they should have brought both claims at the same time?

Somewhat frustratingly, I moved house in the run up to the previous case and made VCS aware. They continued to send mail to my old address and issued the claim also to my old address. This letter before claim was sent to my old address too. It's lucky I received it at all!

I had an account here before but I can't remember the details. There is a thread somewhere with my previous case. If I find it I'll add the link here.

Umkomaas

Am I correct in thinking that they should have brought both claims at the same time?

Maybe, but you are where you are right now and this needs to be dealt with. If you give us the 'Date of Issue' shown on the court claim, KeithP will give you all your vital dates for proceeding. 

The NEWBIES FAQ sticky, second post, covers court claims from start to finish. 

beamerguy

So as the situation is the same, what about the landowner authority in 2017 and now

There is no doubt that VSC are dragging out old cases from their scam bin due to Covid.
When you moved, did you update your V5 with the DVLA

Peeves

I only have a letter before claim at this time dated 21/05/2020. A claim has not yet been issued.

nosferatu1001

Do you have proof you told them of your new address for service?
If so you must tell them, in your LBC response, that they have broken the DPA2018 and this is their ONE CHANCE to correct it before you complain to the ICO. 

Half_way

who's car park was this?

Peeves

nosferatu1001 said:

Do you have proof you told them of your new address for service?

I don't have the first letter that I made them aware in but I have the second letter I made them aware in after they continued to write to my old address plus proof of postage. I also entered that second letter into my evidence pack and referenced it in my witness statement when we went to court. Unfortunately I lost the original and conveniently VCS didn't include either in their evidence.

Peeves

Half_way said:

who's car park was this?

It was a business park car park wherein various spaces belong to the various unit freeholds (I am and was in the employment of the freeholder whose space my car was parked in). VCS were contracted by a management company who owned the shared areas and some of the parking spaces, but not all. Bit of a mess but VCS did not have their contract renewed after several complaints from the freeholders

Edit: my guess is that this claim is the result of toys being thrown from a pram. Plus I can't imagine business under lockdown has been fruitful.

nosferatu1001

By "entered intpo..." that means you still have a copy, yes? 

Fruitcake

Send an SAR to the scammers as per the NEWBIES covering the date of the earlier ticket until now. This "should" flush out any letters you sent with your change of address on it as well as everything they hold about you. Include a copy of your V5C if it has your new address, as proof of ID along with both PCN numbers or any of their reference numbers/court case number etcetera.
If the V5C details are incorrect then use two redacted utility bills or card/bank statements.
However, they should have erased your data from your court case so they may not play ball. It will be interesting to see if they have unlawfully retained your data after they lost in court because I think that would be a further DPA/GDPR breach.

Also send a correction notice to the scammer's DPO instructing them to erase your old data and update their records with your current address for service. Make sure you use the word erase.

Since the scammers didn't have reason to obtain keeper detail the first time you could make complaints to the DVLA that this was both a data breach and a KADOE contract breach. You could even start a court case against them if you are up for it and/or make a counterclaim for this one.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.