Incorrect VRN

lopolo123

Hello everyone. Big thank you in advance to all the contributors throughout the forum helping people fight back.

I have looked at the newbie thread but have a few questions.

Ive received a county court claim as keeper for an unpaid invoice from NCP. Previous letters were ignored although I am now aware that is very dated advice.

A AOS has already been filled in. I was going to use the template on the newbies thread as defence because "£60 recovery costs" have been added to the claim. In part 2 of the template which I need to edit I was going to use parts of 4sure's defence from the thread BWL Legal claim from/ Wrong VRN so Ive essentially covered both the minor error not related to non payment and double recovery in one defence. Is this correct? Do I also need to submit a rectification notice? 
Thanks in advance

Coupon-mad

Are you saying this was a VRM typo?  Full wrong car, or minor keying error? 

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

lopolo123

@Coupon-mad Full wrong car

lopolo123

@KeithP 28th Novermber. AOS filed after 5 days 

KeithP

lopolo123 said:

@KeithP 28th Novermber. AOS filed after 5 days 

With a Claim Issue Date of 28th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Friday 31st December 2021 to file your Defence.

That's just over a week 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

lopolo123

@KeithP Thanks will do

D_P_Dance

 "£60 recovery costs" have been added to the claim.

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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, 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

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Read this as well, many judges redard these claims as a waste of court time.

https://en.wikipedia.org/wiki/De_minimis

lopolo123

@D_P_Dance I agree and will complain to trading standards and my MP as you suggested. The £60 double recovery will be covered by Coupon mads template right?
 Also I dont suppose you'd know if I should submit a rectification notice at all/ before I submit my Defence? That way I can include it in my Defence 

Fruitcake

You use a rectification notice for things like a change of name or change of address. I'm not quite sure what it is you want the PPC to correct.

lopolo123

@Fruitcake https://forums.moneysavingexpert.com/discussion/comment/74760331#Comment_74760331