Defence - VCS & Elms Claim

dk2k

Hi folks, hope everyone is well.

So I have a hearing date for 2022 and I am busy preparing my witness statement using the excellent template from here.

I have already received the WS and bundle from VCS and have responded to certain points of this in my own WS. They have just sent me this letter however. What are people's thoughts on this? They have already dropped Elms and are representing themselves.



I am thinking of writing my own "without prejudice" letter suggesting they discontinue.

Jenni_D

File it ... they often send out such letters ... no need to respond to it. Once they see your WS they may decide to discontinue anyway.  

Le_Kirk

You could write back with a counter offer of, lets say, £ZERO but you wold be wasting your time, best do as @Jenni_D suggests.

95Rollers

What a flippantly arrogant and presumptuous letter:

"We are confident that we have a strong case against you"

Which reads
"pay us Double - the PCN plus another £82 we are not actually entitled to so you don't get whooped in court where you will lose £220 - because we have a "strong case" on you!  BTW we are only doing this one time offer because "the court expects us to"...

Sadly some people will buy that crap! What's in that "deal" for the Defendant!?! VCS get double recovery and don't have the extra work, time,  further costs or risk of loss at court!?! 

They don't really understand that if you are offering a deal on the table it has to be marginally attractive and of benefit the other party. Not just loaded in their favour!!! They won't net £182 if they go to court!!! If anything was written to spur a Defendant on to keep fighting then this tosh would be it!

On another note when ELMS were calling VCS their "courageous and spearheading client " it was just some last ditch attempt at sycophantic brown nosing to win back this client which has decided to litigate in-house!?!

patient_dream

That VCS letter is very close to blackmail. Threatening they will add a further £220 if you don't pay the already inflated fake charge is the work of desperation

VCS always say they are confident but their confidence is blown out of the water when a judge kicks them out of court.

Interesting that they are prepared to show a judge the letter, Such a blantant attempt to extort money from you will certainly raise the eyes of the judge

The only thing they have said which is true and that is .. it's a "SMALL CLAIMS COURT"
It's NOT a court for extortion and what they doing is DOUBLE DOUBLE RECOVERY ?
Pathetic and it's such rubbish letters like this that have damaged the parking industry

And, if a judge asks you why have you ignored the letter ... it's because they have added an amount that is unknowm.  And if they say it's in the code of practice, point out that the code of practice is only for the parking company and nothing to do with the motorist

If this does go to court and VCS would be very foolish to continue, the vast majority of judges would knock off all the fakes and if you lost which is very doubtful, you would only pay around £200 which is about £20 more than their settlement offer.
Don't forget when you win, you can claim costs of about £95. It could even be more if a judge accepts DOUBLE DOUBLE RECOVERY 

What VCS are doing is money clamping and is a replacement for wheel clpamping which is illegal and as VCS had a company called Mr Clampit, this is just another method to mislead you and the court.

It is because of companies like VCS that their will be a new code of practice. Send that letter to your MP and copy in Mr Neil O’Brien who is dealing with the new code and is Parliamentary Under Secretary of State for Levelling Up

https://members.parliament.uk/member/4679/contact

95Rollers

But do they show the Judge this letter? I think that is more bull5h1t as its very aggressive (as you pointed out it verges on blackmail) and arrogant. They are telling the Defendant they've effectively already won and are only entertaining the notion of an offer because the court "expects" them to- which isn't completely true either. They are assuming guilt before a Judge has even reviewed anything. If I was a Judge and saw that I'd be pretty pi55ed off at their poor attitude alone. Not to mention their money-clamping stunts!

patient_dream

95Rollers said:

But do they show the Judge this letter? I think that is more !!!!!! as its very aggressive (as you pointed out it verges on blackmail) and arrogant. They are telling the Defendant they've effectively already won and are only entertaining the notion of an offer because the court "expects" them to- which isn't completely true either. They are assuming guilt before a Judge has even reviewed anything. If I was a Judge and saw that I'd be pretty pi55ed off at their poor attitude alone. Not to mention their money-clamping stunts!

That letter is being made available so ministers can actually see what the parking industry gets up to behind the scenes.  It was Betty Boothroyd the ex speaker of the house who got clamped all those years ago and then it was banned.   In 2021, we are now fully digital so mucky letters like this will assist Messrs Gove and O'Neil to make the right decision and support 100% Sir Greg Knight's bill 

The parking industry is in self destruct mode and it is the few who are doing it.

D_P_Dance

f you thinl thar a solicitor has acted unprofessionally, or in a manner  likely to bring the proession into disrepute, complain here,

https://www.sra.org.uk/consumers/problems/report-solicitor/

copied to your MP