Update Judgement - Both struck out (29th Feb) - Victoria Quays - Sheffield, S2 5SY

Anto_28

Lol! 

I guess i'll be getting a Letter Before Action shortly.

Bring it on, can't wait for this counterclaim to go in. Guessing I wont be able to do it via MCOL as the amount is undetermined and it'll be upto judge how much to award for the GDPR/DPA breach

Grizebeck

you have a very good chance of a successful claim here

Coupon-mad

I'd do a claim for a specified amount (not a counterclaim).  Claims are better because if they fail to defend in 14 days after service you can press a button for default judgment.

I know of some recent successes off-forum, including v VCS who failed to defend a claim.

Send VCS a LBC now, stating your legal basis for claim and an amount. £500?

Anto_28

Returned from my holiday to this on my doorstep.

LOC now received. Absolute morons......

B789

Did they follow all the requirements as per this document, including all the annexe forms (which you never fill in)?

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Coupon-mad

"LOC now received. Absolute morons..."

Did you already send yours?  Far better to strike first because claims have a FAR HIGHER success rate for consumers than counterclaims.

I have shown both letters above and the small print in red.  You should use those to respond to the DLUHC's Call for Evidence - see my thread.

Only ONE WEEK LEFT to supply evidence.

This is important, to show them that the Parking Industry are not telling the truth about what they do at pre-action stage, if that Final Demand letter is typical (which it is).  They don't listen to disputes at pre-action stage, and that red wording at the bottom of the VCS Final Demand proves it.

Coupon-mad

Anto_28 said:

I SAR'd VCS the SAR revealed this gem of evidence.

VCS continue to refuse to cancel the PCN

Anto_28 said:

Spotted this too!

Just 8 minutes after the details of the vehicle were sent to VCS by Scott, he TOLD VCS I had showed him the permit (the 15th June) and VCS still got my details from the DVLA on the 20th June and then issuing the PCN on the 21st June.

Also send the DLUHC the whole trail of what VCS did from start to finish.  Your case is brilliant evidence.

DO NOT TALK ABOUT GDPR BREACH.  That's not the point of the DLUHC submission you need to email.

Your point for the Government is to show evidence that VCS knew you had a permit all along. Issued a PCN anyway, then pursued you relentlessly and added £170, culminating in a Final Demand that threatens your ability to work, and says in red they "will not consider disputes" then a LBC that is just an aggressive template as part of a conveyor belt to court. 

The point you need to clearly make to the DLUHC is that the so-called 'debt recovery' stage is NOT NOT NOT 'dispute resolution' and in fact disputes are not considered at all.

Anto_28

B789 said:

Did they follow all the requirements as per this document, including all the annexe forms (which you never fill in)?

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

They did yeh

Anto_28

Coupon-mad said:

"LOC now received. Absolute morons..."

Did you already send yours?  Far better to strike first because claims have a FAR HIGHER success rate for consumers than counterclaims.

I have shown both letters above and the small print in red.  You should use those to respond to the DLUHC's Call for Evidence - see my thread.

Only ONE WEEK LEFT to supply evidence.

This is important, to show them that the Parking Industry are not telling the truth about what they do at pre-action stage, if that Final Demand letter is typical (which it is).  They don't listen to disputes at pre-action stage, and that red wording at the bottom of the VCS Final Demand proves it.

I sent my LBA before i went away yeh, so i can file a court claim before they can.

I think i'll just make the claim for £500 on monday? strike first and they will probs counter me

I'll supply all this story with the DLUHC!

Grizebeck

Good get your claim in