JLA No Stopping ticket from 2019

salavaria

Hi. Yesterday I received a LBC after a number of debt recovery threats over the past two years from Vehicle Control Services after an initial claim was made after my vehicle – on the way to the short stay car park –  stopped to pick up tired family (including 11-year-old) who were spotted heading that way. It was late and dark... anybody would do the same. The vehicle pulled in to a layby, driver taking care not to block the road. Engine was not switched off. It was very quiet, very little traffic. Gone in 30 seconds, max. I initially denied the charge and then ignored subsequent demands. I've emailed VCS for an SAR this morning. But I guess this is going to court...

D_P_Dance

Have you complained to your MP?

Umkomaas

Is the LBC from VCS themselves, or a solicitor acting for them?  Does it refer to the Pre Action Protocol for Debt Claims (PAP) and enclose a financial questionnaire and other bumf?

Does it give you 30 days in which to respond?

salavaria

I've not complained to my MP, no... The letter is from VCS' Litigation Department. There is an information sheet and a standard financial statement/reply form. Which I've ignored. And yes, 30 days.

Redx

So 2 tasks to perform

Email VCS with a 30 days hold notice whilst you seek debt management advice

Email a SAR to the DPO at VCS , to obtain all your data

See post 2 of the newbies FAQ sticky thread near the top of the forum in announcements

We have quite a few JLA threads here recently , read a few

salavaria

I've sent a SAR to the VCS. But why do I need to request a 30 days hold notice? What debt management advice do I need? 

I've read the Newbies stuff, thanks. Which is where I found the template for the SAR I've sent. Why do they suddenly decide to do something about it years later?

KeithP

salavaria said:

...why do I need to request a 30 days hold notice? What debt management advice do I need? 

To give you extra breathing space to prepare yourself for the impending court claim.
If you don't need that time, then don't bother asking for it.

salavaria said:

Why do they suddenly decide to do something about it years later?

Because they can.
Maybe when your case first came into being they had much more low hanging fruit and decided your case was just a little too difficult.
Now that Covid has given them eighteen months or so of lean times, they are perhaps digging a bit deeper into the barrel looking for cases to pursue.
But that's only guessing. Anyone who alleges a debt has up to six years to chase it though the courts.

salavaria

I emailed a SAR on 21 September and I've heard nothing since. Then, on the 18 October, I received a Notification of Instruction from ELMS Legal, putting me on notice that they have been instructed by VCS Ltd to recover outstanding debt. They've given me a deadline of 30/10, after which 'formal action will commence and all associated costs sought'. Any thoughts, advice?

Le_Kirk

They have one calendar month to respond to your SAR, so barely there yet.  What you have is either a letter before claim (if they gave you 30 days) or a debt collector letter if they gave you 24 days.   The NEWBIE sticky will have the answer for you.

Coupon-mad

Read any other VCS Elms thread.  Not sure if you are, but never just stay on your own thread here, bookmark similar ones ahead of your stage and follow what happens, so you are prepared.

I say that because this letter is normal for VCS cases and following up a SAR response is nothing that needs advice.

salavaria

No response to the SAR I requested on 21 September. I've now received a claim form, response pack, Admission sheet and Defence sheet from the county court business centre (Claimant VCS, via Elms Legal Limited). The claim is £160, court fee £35, Legal rep £50. Total £245. Merry Christmas!

Claim is for 'a breach of contract for breaching the terms and conditions set on private land. The defendant's vehicle was identified in JLA on the 17/6/19 in breach of advertised t&cs, namely stopping in a zone where stopping is prohibited.' Signs clearly visible, etc...

It's date of issue is 24 Nov. I only saw it yesterday because I've been away. I have 14 days from that date to take whatever action I need to take. Any advice? Or links to someone here in a similar mess?

All suggestions gratefully received.