VCS parking fine

Penguin1234

Snakes_Belly said:

Penguin1234 said:

Coupon-mad said:

Clearly you have a defence. And it’s not just about the false added costs.

Read the NEWBIES thread 2nd post about pre-action stage and how to win by defending the later court claim. 

Thanks, so based off that advice, am i right in thinking that i ignore any debt collection letters, and wait for a letter before claims?

Thanks a lot

Yes wait now for an LBC and keep any debt collectors letters.

I have  received my letters before claims (LBC). I am going to get working through the practice direction on-pre action conduct now!

Penguin1234

just some advice please.

in their letter before claim they have stated the "principal debt' as £160, which included the £100 invoice, as well as £60 debt collection fee. Surely if going to court they are not lawfully allowed to claim this extra £60 as no debt collector has been sent out to collect the fee?
Moreover on top of this they have stated the standard £25 amount for the estimated quote fees as well as 0.02% daily for the interest rates.

Le_Kirk

Penguin1234 said:

just some advice please.

in their letter before claim they have stated the "principal debt' as £160, which included the £100 invoice, as well as £60 debt collection fee. Surely if going to court they are not lawfully allowed to claim this extra £60 as no debt collector has been sent out to collect the fee?
Moreover on top of this they have stated the standard £25 amount for the estimated quote fees as well as 0.02% daily for the interest rates.

They are not but they believe they are because it is written in their Code of Practice (which is theirs not the motorists).  If you look at the standard defence template, you will see that it deals with this spurious claim for "debt admin" or "contractual" costs or "whatever we want to call it this week" costs.  They can claim legal costs, filing fee and hearing fee.  It used to be called abuse of process and lots of cases were thrown out but recently it has been called double recovery and not so may cases get struck, although often, if the defendant loses, the "debt admin" charges are removed.

Penguin1234

Le_Kirk said:

Penguin1234 said:

just some advice please.

in their letter before claim they have stated the "principal debt' as £160, which included the £100 invoice, as well as £60 debt collection fee. Surely if going to court they are not lawfully allowed to claim this extra £60 as no debt collector has been sent out to collect the fee?
Moreover on top of this they have stated the standard £25 amount for the estimated quote fees as well as 0.02% daily for the interest rates.

They are not but they believe they are because it is written in their Code of Practice (which is theirs not the motorists).  If you look at the standard defence template, you will see that it deals with this spurious claim for "debt admin" or "contractual" costs or "whatever we want to call it this week" costs.  They can claim legal costs, filing fee and hearing fee.  It used to be called abuse of process and lots of cases were thrown out but recently it has been called double recovery and not so may cases get struck, although often, if the defendant loses, the "debt admin" charges are removed.

thanks for this advice. will make sure to mention that

Penguin1234

Sorry if its a silly question but

I am currently writing them a Subject Access Request as per the newbies thread.
Once i've done this do i sit tight and wait or do i do i pursue the pre-action conduct?

thanks

Le_Kirk

Penguin1234 said:

Sorry if its a silly question but I am currently writing them a Subject Access Request as per the newbies thread.
Once i've done this do i sit tight and wait or do i do i pursue the pre-action conduct?

Once you have submitted the SAR the PPC will have 30 days to respond.  If you receive a N1 claim form, post here the issue date but do not do the AoS for 5 days (this will buy you more time to write your defence.  Otherwise sit tight.  Not sure what this means.

Penguin1234

Le_Kirk said:

Penguin1234 said:

Sorry if its a silly question but I am currently writing them a Subject Access Request as per the newbies thread.
Once i've done this do i sit tight and wait or do i do i pursue the pre-action conduct?

Once you have submitted the SAR the PPC will have 30 days to respond.  If you receive a N1 claim form, post here the issue date but do not do the AoS for 5 days (this will buy you more time to write your defence.  Otherwise sit tight.  Not sure what this means.

alright so all i do is respond to their "letter before claim" by sending a  Subject access request and wait to see if they send the N1 claims form?

Is there a possibility that they send the N1 form before they respond to the SAR?


And by this, i was trying to mention point 5 of the following link:
: https://forums.moneysavingexpert.com/discussion/4754020/parking-letter-before-county-court-claim-lbccc-fight-back-guidance-thread they state:

 "5 Reply to the LBC / LBCCC / LBA - make use of the Practice Direction and fight back! The first thing to be aware of is that you have 14 days to Acknowledge the LBCCC. After that, the PPC can start proceedings without further notice, so keep the 14 days in mind, and read on."

Is acklowedng this LBC the same as sending them a SAR or does that need to be done separately?

sorry as i am trying to gather info from multiple different threads on here and am getting a bit confused.

KeithP

Penguin1234 said:

And by this, i was trying to mention point 5 of the following link:
: https://forums.moneysavingexpert.com/discussion/4754020/parking-letter-before-county-court-claim-lbccc-fight-back-guidance-thread they state:

 "5 Reply to the LBC / LBCCC / LBA - make use of the Practice Direction and fight back! The first thing to be aware of is that you have 14 days to Acknowledge the LBCCC. After that, the PPC can start proceedings without further notice, so keep the 14 days in mind, and read on."

That LazyDaisy thread is way out of date and should be ignored.

Please follow the guidance in the NEWBIES thread instead.

Out of interest, how did you find yourself reading that LazyDaisy thread?
Is the a link somewhere that needs updating?

Le_Kirk

Penguin1234 said:

Le_Kirk said:

Penguin1234 said:

Sorry if its a silly question but I am currently writing them a Subject Access Request as per the newbies thread.
Once i've done this do i sit tight and wait or do i do i pursue the pre-action conduct?

Once you have submitted the SAR the PPC will have 30 days to respond.  If you receive a N1 claim form, post here the issue date but do not do the AoS for 5 days (this will buy you more time to write your defence.  Otherwise sit tight.  Not sure what this means.

alright so all i do is respond to their "letter before claim" by sending a  Subject access request and wait to see if they send the N1 claims form?

Is there a possibility that they send the N1 form before they respond to the SAR?

And by this, i was trying to mention point 5 of the following link:
: https://forums.moneysavingexpert.com/discussion/4754020/parking-letter-before-county-court-claim-lbccc-fight-back-guidance-thread they state:

 "5 Reply to the LBC / LBCCC / LBA - make use of the Practice Direction and fight back! The first thing to be aware of is that you have 14 days to Acknowledge the LBCCC. After that, the PPC can start proceedings without further notice, so keep the 14 days in mind, and read on."

Is acklowedng this LBC the same as sending them a SAR or does that need to be done separately?

sorry as i am trying to gather info from multiple different threads on here and am getting a bit confused.

Ah, I see what you mean.  How did you fid that old thread?  Just follow the latest NEWBIE sticky second post.  There is every chance a N1 claim form will pop trough your door before the data from the SAR arrives, however SAR data is more useful at witness statement stage.  Submit a SAR to the DPO of the PPC using the guide you find in the NEWBIE sticky second post.

Penguin1234

Thank you both for clearing that up for me, i appreciate it.

I have just sent off the SAR to the company and their representative law firm.

Following the newbies thread as advised, am i right in thinking that i now sit back and wait? or have i missed anything that I now need to do in the meantime?

Thank you.