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VCS - Letter Before Claim Recieved following PCN
Previously I have responded to the PCN with:
1. letter stating the relevant requirements of Schedule 4 of The Protection Of Freedoms Act 2012 including that as a register keeper transfer liability for the alleged charge from the driver cannot be transferred to the registered keeper.
2. following rejection, I sent a further letter that detailed and supplied evidence that I was the owner of another car, with insurance and a sales receipt with signatures that shows i was 60 miles away to collect this new car that I had purchased on this date in question, and in-between the parking times stated on the PCN. with no reply other than repeat PCN's that was posted to me that I ignored, so I am now at the stage of receipt of a letter before claim.
Timeline of Correspondence:
- Date of alleged contravention -15/12/2019.
- first PCN issued/posted to RK - 17/1/2020
- Response sent 25/01/20
- Rejection received to RK - 14/02/2020
- Further letter/evidence sent by RK 18/2/2020
- Two repeat PCNs sent to RK including final PCN (Ignored)
- LBC received by RK - 1/6/2020
After reading the forum pages, I intend to do the following but just wanted to check this is appropriate:
1. send an acknowledgement of LBC, include a statement that requests a Letter Before Claim that fully complies with the requirements of Annex A Para 2 of the Practice Direction (as many items was not included). Do I need to list the details omitted or do I wait for the reply first?
2. Send a SAR letter to VCS, requesting the relevant data to me.
3. send a complaint to the retailer site (as I have recently seen this suggested, and have not done so)
Any further direction or advice on the above would be appreciated. If there is any further info required I can add to the thread just let me know.
Comments
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- Two repeat PCNs sent to RK including final PCN (Ignored)What do you mean? Not more PCNs?wanted to check this is appropriate:
1. send an acknowledgement of LBC, include a statement that requests a Letter Before Claim that fully complies with the requirements of Annex A Para 2 of the Practice Direction (as many items was not included). Do I need to list the details omitted or do I wait for the reply first?
No, that is ANCIENT. No-one does that. Annex A is from 4 or 5 years ago.
Go with ONLY what the NEWBIES thread tells you to do.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
sorry, the same PCN but re-sent.
Thanks for the advice, must have read the old forum through my searching on the topic ... I’ll review the Newbies thread again...1 -
ok, so I have stuck to and read the newbies thread again and have done the following steps:
1 - submitted the SAR request via email to the parking firms DPO.
2 - registered on the MCOL and have a gateway ID set up, and made a note of the relevant details.
However I don't have a claim reference/defence password as this is not provided on the letter before claim letters that I have received. I'm not sure if I have fully followed the newbie thread correctly or if I just now need to wait until the letter before claim reply deadline is expired and then receive a further 'claim form' to obtain the claim reference/defence password before I go any further?
2 -
That is correct. What about a complaint to the landowner? Never too late to get it cancelled pre-claim.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
I see now, in my error that I thought I needed to respond to the letter before claim. Certainly, I will lodge a complaint to the landowner asap and I have also read the thread on the 'abuse of process' that is relevant to my LBC, with a debt collection charge of £60 that was added. I will use the suggested letter in this thread for a response to VCS for this too.2
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You will respond to the lbc, but a landowner complaint can go in before.1
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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.
You never know how far you can go until you go too far.1 -
That's good preparation for when/if the actual court papers come from the Northampton CCBC when you will receive the claim reference and passwords.Physio1 said:ok, so I have stuck to and read the newbies thread again and have done the following steps:
1 - submitted the SAR request via email to the parking firms DPO.
2 - registered on the MCOL and have a gateway ID set up, and made a note of the relevant details.
However I don't have a claim reference/defence password as this is not provided on the letter before claim letters that I have received. I'm not sure if I have fully followed the newbie thread correctly or if I just now need to wait until the letter before claim reply deadline is expired and then receive a further 'claim form' to obtain the claim reference/defence password before I go any further?3 -
Thanks for the speedy responses. My letter to the landowner is now printed and ready to be posted (email bounced back) and have now emailed my local MP. Next, I will look at replying to the LBC itself - I do have a letter prepped previously but will amend to detail: disputing the debt, my disappointment in VCS's lack of reply following the additional evidence I provided following appeal rejection letter that they requested, and that the LBC is defective'.
Is this appropriate and/or have I missed anything? and if so, would it be worth adding in the 'abuse of process' wording on this reply or send this separate/later on? The stated deadline for the alleged debt on the LBC is 28/06/2020.0 -
You're seeking debt advice so they must pause processing for at least 30 days
also SAR vcs3
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