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Vcs letter before claim
Comments
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Just taken off the below as i have stated I am the driver:
Furthermore the Defendant cannot be held liable due to the Claimant not complying with the 'keeper liability' requirements set out in the Protection of Freedoms Act 2012, Schedule 4.
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I'm not sure I understand you logic, but if you are going to take that stance then your para 2 should perhaps look something like...
2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.
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I am unsure what i am doing TBH. I've never stated who was driving the car but in paragraph 3 I had to state who was the driver?
sorry trying to do this whilst putting little ones down so:/0 -
Then forget my post of ten minutes ago.Pants182 said:I am unsure what i am doing TBH. I've never stated who was driving the car but in paragraph 3 I had to state who was the driver?
sorry trying to do this whilst putting little ones down so:/
Yesterday evening I wrote...KeithP said:...the Protection of Freedoms Act gives more protection to a keeper who was not driving than an admitted driver.
For that reason it might not be a good idea to admit to being the driver.
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sorry i misread yday post written by you keith;/ i thought it read i should admit being the driver.
what do i state in paragraph 3? the defendant was not the driver? but how can i then comment on signage etc or the fact i only stopped for 13 seconds or does this not matter. struggling with what to write as i honestly cant remember if there was signage or not:/
worried that the pics show that i am on double yellow as well now.....0 -
You, as the Registered Keeper of the vehicle, can talk to the driver. The driver can tell you what the signs looked like on the day. The driver can tell you how long they stopped for.
You could've even been a passenger in the car and seen all of this for yourself.
You can also visit the site to see the signs for yourself.
There are several other VCS LJLA cases being progressed on this forum as we speak.2 -
And as if on cue... just nine minutes later we see a post on this thread...KeithP said:There are several other VCS LJLA cases being progressed on this forum as we speak.
forums.moneysavingexpert.com/discussion/comment/79005382/#Comment_79005382
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is it better to list all the letters i have received? or just state i have received an abundance of letters?
thank you0 -
2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.3.On the 14/7/2021, I received the first letter dated 16/6/2017 for a parking charge notice (PCN) Notice to keeper for an incident on 12/6/2017 with a charge for £100.00. The letter shows 3 images of a vehicle registered to me, not parking but what appears to be stopping on a road from the time of 12.39.27 to 12.39,39, 13 seconds in total. There is no images of any signage that stated no stopping or images of the road in question. the pictures could be of anywhere really, I am just taking the claimants word that it is the location they have stated.
I do not know who the driver was of the vehicle on that date as however the persons who have access to the vehicle do not recall there being any signage where the vehicle had stopped. Due to the constant flow of traffic the only signage that was readable was of eye height and normal size signage. The defendant states that this led to an abundance of threatening letters by the Claimant.VCS letter, final demand with an issue date of 11/8/2017 for £100.00VCS letter dated 9/10/17 stating the account has been passed to the legal team, this was with a letter from BWlegal with a balance due of £160.00VCS Final notice letter from BWlegal dated 7/11/2017 balance £160.00BWlegal letter of claim form dated 6/12/17 balance £160.00 with an estimated total of £238.79.DCBL notice of debt recovery dated 10/6/21 balance £160.00DCBL final notice of debt recovery dated 30/7/21 balance £160.00
DCBl notice of intended legal action dated 31/8/21 balance £160.00VCS Letter before claim balance £160.00, estimated costs £185.00Following a Freedom of Information Request, in 2021, Vehicle Control Service Limited have provided the Defendant with some pictures in which my vehicle can be seen stopping for 13 seconds.The defendant subsequently visited the location where the the PCN had been issued to look for signage in 2017, the driver did not know it was a no stopping area. The signs which were at about 7/8 foot high and quite far from the drivers position, therefore impossible to see while driving and you would have to stop and get out to read it, then arguably the driver is not bound by it therefore cannot be liable to pay the charge0 -
I am going to have to send this tomorrow as my last day is Wednesday and I wont have time to send in the day and don't want to miss the deadline.
thank you for all your help again as with the letter before claim, your patience is much appreciated!0
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