Counterclaim - Civil Enforcement Ibis Hounslow - WON £500

Castle

But no mention of them discontinuing their claim.

Swedishcabbie

Another email just arrived, interesting 😄

Castle

Their email at 14.57 arrived after their 1.00pm deadline.

Swedishcabbie

And here is the statement, obviously full of inaccuracies. The PCN was appealed in the first place, clearly explaining that a different number plate appeared in the evidence. After the appeal was rejected, I replied again repeating the same point.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81900882#Comment_81900882

And Abbas Ali says that they discontinued 'promptly' and THEN tried to resolve it amicably. But it looks like that's untrue. It was the other way round wasn't it?

Car1980

Blimey. That's not a defence, that's an admission they owe a minimum of £300.

Apologies are not a defence.

Swedishcabbie

https://forums.moneysavingexpert.com/discussion/comment/81901439#Comment_81901439

Yes, you’re right.

Car1980

The defendant (now it's a counterclaim) complains about lack of engagement, yet runs a system where any and every initial engagement is rejected as a matter of course, with a policy of no further correspondence will be entered into. It's highly disingenuous to claim any sort of negotiation occurs or that things would have taken a different course if the claimant had worded their initial correspondence in a manner in which no holes could be picked, by what is a business founded upon rejecting any and all reasonable correspondence in the pursuit of profit.

Coupon-mad

Agreed.

And wholly unreasonable to blame the consumer for (they say*) not pointing out to them that one of the images was of a completely different car.

One would reasonably expect a professional company that relies solely on vehicle images (and nothing else) to actually give those images maybe a smidgen more than a cursory glance before trotting out template rejections of appeals!

By the way, haven't we got the transcript of VCS v Ferguson lying about here somewhere? That was about 'wrong vehicle' evidence and was a counterclaim for harassment and data misuse: they got £1000 or so didn't they? @kryten3000 will know.

The OP should use it with their WS or skeleton argument.

*I know, you did!

kryten3000

Here are the links to VCS v Ferguson, Claim No. G2QZ60G1, 14/5/21 (Portsmouth County Court).   

https://www.dropbox.com/s/ltwe2b25i613iik/1329396-Vehicle Control Services Ltd v Ferguson-Whole Hearing-14.05.2021.pdf?dl=0

https://www.dropbox.com/s/egibrr5hflye6l0/1329396-Vehicle Control Services Ltd v Ferguson-Approved Judgment-14.05.2021.pdf?dl=0