JLA No Stopping ticket from 2019

Le_Kirk

The advice you need is in the NEWBIE sticky; also chase up the data from your SAR.  They only had one calendar month from date of submission (21st September). 

Redx

Do the AOS ASAP , if the issue date was 24th November , no later than 19 days from the issue date ( you have 14 + 5 days actually )

Email a reminder SAR to the DPO at VCS , giving them 7 days to reply due to their incompetence , or you will report them to the ICO for a breach of GDPR

D_P_Dance

 The claim is £160, court fee £35, Legal rep £50. Total £245. 

They have added what appears to be an extra unlawful amount of £60 for debt collection. This amounts to double recover and some Judges have dismissed an entire claim because of this. Read this and, if you have not already done so, y complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

salavaria

Redx said:

Do the AOS ASAP , if the issue date was 24th November , no later than 19 days from the issue date ( you have 14 + 5 days actually )

Email a reminder SAR to the DPO at VCS , giving them 7 days to reply due to their incompetence , or you will report them to the ICO for a breach of GDPR

Can you explain the acronyms in that second paragraph? DPO? ICO? GDPR?

Redx

salavaria said:

Redx said:

Do the AOS ASAP , if the issue date was 24th November , no later than 19 days from the issue date ( you have 14 + 5 days actually )

Email a reminder SAR to the DPO at VCS , giving them 7 days to reply due to their incompetence , or you will report them to the ICO for a breach of GDPR

Can you explain the acronyms in that second paragraph? DPO? ICO? GDPR?

They are explained in the fifth post of the newbies FAQ sticky thread near the top of the forum in announcements ( plus a Google search provides explanations too )

Coupon-mad

Read the 5th post of the NEWBIES for acronyms and then the 2nd post that shows page by page in pictures, how to do the AOS, and then read the template defence thread.

No doubt you will have now had a chance to get off your own little thread and spent some useful time reading other claim threads and realise what comes next from @KeithP.  This is formulaic stuff.

Read other claim threads, never stay only on your thread.

KeithP

salavaria said:

I've now received a claim form...
It's date of issue is 24 Nov.

With a Claim Issue Date of 24th November, you have until Monday 13th December to file an Acknowledgment of Service but 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 in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

That's 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

salavaria

KeithP said:

salavaria said:

I've now received a claim form...
It's date of issue is 24 Nov.

With a Claim Issue Date of 24th November, you have until Monday 13th December to file an Acknowledgment of Service but 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 in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

That's 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

I've filed an AoS. Many thanks for your help on this.

salavaria

Redx said:

Do the AOS ASAP , if the issue date was 24th November , no later than 19 days from the issue date ( you have 14 + 5 days actually )

Email a reminder SAR to the DPO at VCS , giving them 7 days to reply due to their incompetence , or you will report them to the ICO for a breach of GDPR

Given that they failed to send me a SAR within the 30 days I requested it (I submitted a request on 21 September), is it a good idea to simply refer to their failure in my defence, to highlight their inadequacies, rather than give them a second chance to deliver?

Le_Kirk

salavaria said:

Redx said:

Do the AOS ASAP , if the issue date was 24th November , no later than 19 days from the issue date ( you have 14 + 5 days actually )

Email a reminder SAR to the DPO at VCS , giving them 7 days to reply due to their incompetence , or you will report them to the ICO for a breach of GDPR

Given that they failed to send me a SAR within the 30 days I requested it (I submitted a request on 21 September), is it a good idea to simply refer to their failure in my defence, to highlight their inadequacies, rather than give them a second chance to deliver?

It is not a defence point, save it for the witness statement.  This is a matter for the ICO.  As @Redx wrote send them a reminder e-mail stating that if they do not respond with 7 days they will be reported to the ICO.