VCS - Letter Before Claim Recieved following PCN

Fruitcake

When sending by post, do it from a Post Office counter (wearing a suitable face covering/PPE) and obtain the all important free proof of posting. Make sure you keep a dated copy.

I would advise that you don't mention the abuse of process at this stage as it could give the scammers the opportunity to issue a claim minus the fake add on, but wait until you get the claim with the fake amount on it before you address the abuse.

Coupon-mad

Physio1 said:

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. 

How about threatening a £500 counterclaim for abuse of your data, given that VCS have not bothered to comply with the POFA and know from evidence you have already supplied that you were not the alleged contracting party (the driver).  And given that VCS' owner, Simon Renshaw-Smith has no excuse in now knowing that they cannot rely on CPS v AJH Films and a doomed, twisted argument about the law of agency because this has already been tested in Excel v Smith on appeal.

In your shoes, if you've proved you were not driving AND they haven't used the POFA, then I'd be counterclaiming for about £500 if they file a claim.  Costs you peanuts (Google court fees using MCOL).

Physio1

SAR done, I will amend the response to add in the part with 'seeking debt advice', leave out the 'abuse of process', most certainly will add the counterclaim threat as I'm more than happy to put the shoe on the other foot, as for the PPE at the post office (more great advice too) this should be the easy bit for me, it's almost permanently blended into my skin with working in intensive care over the last 3 months I will send it off asap. 

Coupon-mad

 working in intensive care over the last 3 months

Add that as a finishing point - ask are they really wanting to face a Counter claim for harassing a NHS keyworker who has proved they were not driving (then add the stuff about Excel v Smith, etc.). Tell them if they are, you will also publicise the outcome.

BrownTrout

Fruitcake said:

When sending by post, do it from a Post Office counter (wearing a suitable face covering/PPE) and obtain the all important free proof of posting. Make sure you keep a dated copy.

I would advise that you don't mention the abuse of process at this stage as it could give the scammers the opportunity to issue a claim minus the fake add on, but wait until you get the claim with the fake amount on it before you address the abuse.

Yes jake will simply remove the "debt charge" and replace it with legal costs.

nosferatu1001

At this point a counter would be four figures. They know they have no prospect of success, making a claim utterly vexatious. 

D_P_Dance

How about threatening a £500 counterclaim for abuse of your data,  (Coupon Mad)

Indeed it costs you nothing, and could cost the scammer £££S.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

Have you complained to your MP? 

Physio1

Yes, complaint sent to local MP, no reply as yet. Just need to post off my complaint letter to the landowner & on-site retailers, and post the reply letter to the LBC. Then wait and see if a Claim is filed from VCS

Physio1

Further LBC received.
To update, another LBC has arrived. This time via ELMS legal and states they are now acting for VCS. So planning to slightly amend my original LBC response that was sent to VCS, address to ELMS and send by post this week. This LBC also has the debt collection fee of £60 highlighted so will await the claim as advisED. Also highlights addition of courts cost, interest, court fees and solicitor costs. 

Other than that I have since received a reply from the complaints letter from local MP and wants to be informed of outcome, so will continue with that and had responses from retailers but not the landowner. 

nosferatu1001

Ask them to detail the legal basis for the £60 charge, and how it is in line with the Cra2015. 

Their response will be put in your court file.