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Notice of Debt Recovery (Bristol Airport) stopping in a zone where stopping is prohibited

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Comments

  • Gr1pr
    Gr1pr Posts: 10,619 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    edited 28 October at 9:23AM
    I doubt that they would give you their evidence until the WS not long before the hearing,  there is no legal basis for them to have to divulge evidence 

    BUT

    you can email a free SAR request to the DPO at VCS and request all your data, under GDPR, which includes all documents and pictures relatingtoyour data on file,  which may produce what you seek

    But they won't give you copies of contracts or maps or their own evidence etc, just your data, because the data protection act allows you that right of getting your data,  not getting all the paperwork pertaining to the case

    But they have to share everything when the court orders it,  at the stage when your local civil court is involved in an active court case 
  • Umkomaas
    Umkomaas Posts: 43,895 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you access your PCN via their website, pictures might be available there. However, as they've passed it to DCBL, you may not get access now. Just something to try. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Car1980
    Car1980 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 28 October at 10:06AM
    You can absolutely ask for them to produce the contract and what they are alleging.

    To make a demand for money under an alleged agreed contract but refuse to supply a copy of said contract is highly unreasonable, and would be seen as completely bizarre normally. But parking companies just spit out invoices with no reference to the actual contract as it's a game of maximum churn and minimal effort.

    By all means send VCS and their latest legal idiots this:


    The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

    3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

    Part 6 states:

    Steps before issuing a claim at court
    The parties should exchange correspondence and information to comply with the objectives in paragraph
    3, bearing in mind that compliance should be proportionate. The steps will usually include —

     (c) the parties disclosing key documents relevant to the issues in dispute.

    You refer to “the Contract”, yet you fail to include a copy of the contract (quite clearly a key document), as well as fail to state the contractual nature of the breach you allege. 

    Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

    1. A copy of the contract (or contracts) you allege exists between VCS and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

    2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.




  • septembersun
    septembersun Posts: 11 Forumite
    10 Posts

    Thanks car1980

    I will send the following to litigation@vehiclecontrol.co.uk (which is the email address I believe is correct for VCS) later today:


    --------------------------------------------------

    REF VCS22******

    Dear Sirs/Madams

    The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

    3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.


    Part 6 states:

    Steps before issuing a claim at court

    The parties should exchange correspondence and information to comply with the objectives in paragraph

    3, bearing in mind that compliance should be proportionate. The steps will usually include —

     (c) the parties disclosing key documents relevant to the issues in dispute.

    You refer to “the Contract”, yet you fail to include a copy of the contract (quite clearly a key document), as well as fail to state the contractual nature of the breach you allege. 

    Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

    1. A copy of the contract (or contracts) you allege exists between VCS and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

    2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

    Please also send any photos or videos you have of my vehicle so I can understand the location the alledged incident took place and the amount of time the vehicle was stopped.

    Kind regards

    *********



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