VCS Court Claim

KC14

Hi, 
My car was stolen from my
apartment block during the Xmas period 3 yrs ago and my parking permit was in the car. I had to wait for my permit to be resent to me and I was told my car would be exempt from any fines from VCS. I was fined 5 times and VCS started court proceedings against me in Jan 2019. After much discussion and mediation they agreed to discontinue any legal action as my landlord corroborated the 'story'. Yesterday I received another county court claim for the same set of fines, can anyone give me advice on what I can do and what defences I can use please? I have the letter from 2019 stating they had stopped any legal proceedings.
Many Thanks 

Le_Kirk

Do you have it in writing that they agreed  to discontinue?  Do you have a contact at VCS?  If yes to both, I would contact them and politely ask them what they are doing.

Redx

Email Jake Burgess with a copy of the cancellation letter to get an explanation

Post the issue date from the new claim form below

eMail a SAR to the DPO at VCS to obtain all your data

Consider a £900 counter claim for harassment , distress and their incompetence

Coupon-mad

This is brilliant - file a defence (see TEMPLATE DEFENCE thread) and add a paragraph near the start mentioning the previous discontinued claim and cause of action estoppel and add a £900 counterclaim (see the thread by @ellaro9 for example wording about counterclaiming for harassment and misuse of your data. 

Go for it, fill your boots!  PLEASE DO A COUNTERCLAIM.  VCS DESERVE THESE.

KeithP

What is the Issue Date on your County Court Claim Form?

KC14

Hi, 
Thanks for all of your comments. The issue date on the claim is the 4th Jan 2021.The claim is for £1117.05 so I'm guessing that's why they are trying to scare me into paying. I have written confirmation from them stating they were discontinuing legal action. 

KeithP

KC14 said:

The issue date on the claim is the 4th Jan 2021.

With a Claim Issue Date of 4th January, you have until Monday 25th January to file an Acknowledgment of Service. If possible, do not file an AoS before 9th January, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 8th February 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Umkomaas

I have written confirmation from them stating they were discontinuing legal action. 

That's not as clear cut as dropping any claim against you. Can we see exactly what they said in their letter. As always with this stuff, redact anything in the letter that might identify you please. 

nosferatu1001

Show us the letter. Redact YOUR personal info. Nothing more. 

I would go further and make an app,cation to the court to have it struck out. This is prior to allocation so you'd make them liable for your FULL costs 

KC14

I've attached the discontinuance letter.
The first time they tried to take me to court it was just for one of the fines but this time its all 5 fines. When I received the attached letter I threw out the PCN's but I also requested an SAR so I'll go through what they sent me to see if there's a copy of the PCN's in there. I'm sure I have a copy of the mediation process also so I can show the court they agreed to stop legal action. My car was stolen because the management company hadn't repaired the gates to the development. The management company doesn't exist anymore so my landlord had to corroborate what I was saying. 

KC14

page 1.....