Ticket From VCS Brookshaw Sheffield

RichieBoy56 · 8 November 2017 at 11:36AM

I have scanned all docs but unsure how to upload.

RobinofLoxley · 8 November 2017 at 11:52AM

RichieBoy56 wrote: »

I have scanned all docs but unsure how to upload.

You need to upload them to an image hosting website such as tinypic (others available) and then copy the URL for the image to here. Though as a new poster this forum won't allow you to type out a URL, you will have to replace the http at the beginning with hxxp and a regular poster will be able to convert it.

Don't forget to block out/cover up your personal details i.e. name, address, vehicle reg, PCN number.

KeithP · 8 November 2017 at 2:33PM

RichieBoy56 wrote: »

I have read more post and come up with the following rebuttal to VCS Notice of Intended Court Proceedings:

Dear VCS,
VCS Ref: xxxxxxxxxxxxxx
Notice of Intended Court Proceedings

Thank you for your letter of xxxxxxxx.

I am writing to acknowledge receipt of the above letter.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

If your letter is intended to be a “Letter Before Claim” then I must inform you that it does not comply with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct. If you intend to continue with this futile claim then please issue a Letter Before Action that does comply with the Practice Direction within 14 days. I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that you intend to make against me as the defendant to the proposed legal proceedings. Please DO NOT send a generic letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Yours faithfully

Will this suffice?

That letter is unsuitable.

Where did you get that from?
There hasn't been an 'Annex A' in the PD for years.

You said yesterday you were going to look at post #2 of the NEWBIES for a response - as suggested by Umkomaas in post #6.

There are robust up to date LBC response letters linked from post #2 of the NEWBIES sticky/pinned thread.

RichieBoy56 · 8 November 2017 at 2:41PM

KeithP.
I do appreciate everyones help on here but I posted earlier that I had look through post #2 of the Newbies Guide and couldn't find anything appropriate so I looked on other sites.
It would be helpful if someone could provide a link to a suitable up to date LBC response letter please?

KeithP · 8 November 2017 at 2:51PM

Here's a picture of the first few lines on post #2 of the NEWBIES sticky thread:

There are two links there.
If your LBC was written after 1st October 2017, I would choose and adjust the second one.

Hope that helps.

RobinofLoxley · 8 November 2017 at 3:10PM

Without seeing it I'm guessing the 'Notice of intended court proceedings' is not an actual LBC but a "we may commence legal proceedings against you" unless you pay us now type letter.
Still requires a robust response though.

RichieBoy56 · 8 November 2017 at 3:38PM

Thank you for the link KeithP.

This is my latest effort at an LBC rebuttal:

Dear VCS,

Date

Your Ref:xxxxxxxxxxx

Dear Sirs,

I am in receipt of your Notice of Intended Court Proceedings of xxxxxx 2017.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence you place reliance upon.

You must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your notice lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires you to provide. You must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order you to comply with its pre-action obligations, and when costs come to be considered.

As you have a history of threatening court action you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter. As you must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that you are sending a consumer a vague and unevidenced ' Notice of Intended Court Proceedings’ in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require you to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether you are pursuing me as driver or keeper
3. whether you are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which you assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form

If you do not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until you have complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully

Coupon-mad · 9 November 2017 at 1:26AM

EDITED TO SAY

In 2019 that is out of date.

NEWBIES READING THIS THREAD NEED TO INSTEAD READ THE NEWBIES THREAD

See my signature.

RichieBoy56 · 10 November 2017 at 9:29AM

Thanks C-m, I will send this off.

RobinofLoxley · 10 November 2017 at 1:31PM

I'm wondering if your response to VCS is appropriate for what you received which may not be a LBC as such.

Is your 'Notice of intended court proceedings' exactly the same as this one that I've taken from another thread.
Yes that one is from Excel but as VCS is in effect the same company, I presume yours is similar.

As they say "we may commence legal proceedings against you" this seems to be another 'threatogram' and not an actual LBC. Is yours the same as that?

If you look at the other thread,

http://forums.moneysavingexpert.com/showthread.php?t=5655971

you will see after receiving this NICP the poster then over several months received several ridiculous ZZPS and fake Wright Hassell letters.

Ticket From VCS Brookshaw Sheffield

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