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SkipO
post Mon, 6 Aug 2018 - 14:38
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Hi,

I've been reading the posts for Vehicle Control Services Ltd and Doncaster Airport but they all appear quite a few years old so hence a new thread. A registered keeper has been receiving the usual threatening letters from the usual suspects for stopping on the road on the close by industrial estate. The reason for pulling up briefly was to close an open door, so therefore an emergency. A brief stop of seconds but of course the dreaded white van appeared. The keeper has been following the old, widely used advice of ignore. However the 'LETTER BEFORE CLAIM' has arrived and our keeper is of a very nervous disposition and is not well. Therefore, so I can put the keepers mind to rest and get some advice, is it still the advice to ignore, wait for court papers (if they ever arrive) or are things different these days?
Many, many thanks for your input.

This post has been edited by SkipO: Mon, 6 Aug 2018 - 14:39
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post Mon, 6 Aug 2018 - 14:38
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SkipO
post Tue, 18 Dec 2018 - 14:37
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Four months have passed and they have sent a letter giving 14 days notice prior to issuing court proceedings. Clause 8.2 of the Pre-Action Protocol....failure to reach an agreement. Very odd as they haven't bothered to reply to my letter that questioned the validity of their claim. Do I reply pointing that out or just watch this space?
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cabbyman
post Tue, 18 Dec 2018 - 14:54
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Please post a redacted copy of that letter. There may be detail which will give some ammunition.


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Cabbyman 11 PPCs 0
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nosferatu1001
post Tue, 18 Dec 2018 - 15:58
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No need I bet its their template

Respond back stating that, contrary ot their template assertions that they have been engaged in the protocol, you still have not received a reply at all / that addressed your letter of C date, and their breaking of the pre action protocol has ben recorded. Should court proceedings follow despite this being pointed out, you will ask the court to Strike out the claim, prior to allocation to any track. They should be aware of the cost implications of such an Order being made.
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SkipO
post Wed, 19 Dec 2018 - 12:38
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Many thanks!
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peterguk
post Wed, 19 Dec 2018 - 12:49
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QUOTE (SkipO @ Thu, 16 Aug 2018 - 13:56) *
QUOTE (whjohnson @ Mon, 6 Aug 2018 - 16:49) *
Are you sure that it is actually a properly constructed letter before claim? or is it just a threatogram?



No. I've posted it up. How can I tell?


LBCCC has to contain certain informtion. Rules changed in 2017 (IIRC).

If you Google, there are pelnty of consumer-based sites with the info.

This post has been edited by peterguk: Wed, 19 Dec 2018 - 12:49


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SkipO
post Thu, 21 Feb 2019 - 12:46
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QUOTE (nosferatu1001 @ Tue, 18 Dec 2018 - 15:58) *
No need I bet its their template

Respond back stating that, contrary ot their template assertions that they have been engaged in the protocol, you still have not received a reply at all / that addressed your letter of C date, and their breaking of the pre action protocol has ben recorded. Should court proceedings follow despite this being pointed out, you will ask the court to Strike out the claim, prior to allocation to any track. They should be aware of the cost implications of such an Order being made.



Just received a claim form today.
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nosferatu1001
post Thu, 21 Feb 2019 - 13:12
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OK? So you know what you need to do, such as acknowleding the claim online and telling us the ISSUE DATE
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SkipO
post Thu, 21 Feb 2019 - 13:59
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QUOTE (nosferatu1001 @ Thu, 21 Feb 2019 - 13:12) *
OK? So you know what you need to do, such as acknowleding the claim online and telling us the ISSUE DATE


Issue Date 18 Feb 2019
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nosferatu1001
post Thu, 21 Feb 2019 - 14:08
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..have you acknowledged the claim?
Next step after that is to gegt your defence together. Use the EXAMPLE, CONCISE defence by "Bargepole" over on the MSE forum -> Parking subofrum -> Newbies thread.
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SkipO
post Thu, 21 Feb 2019 - 14:30
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I'll do it now. At this point do I indicate a counterclaim?
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Ollyfrog
post Thu, 21 Feb 2019 - 14:58
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QUOTE (SkipO @ Thu, 21 Feb 2019 - 14:30) *
At this point do I indicate a counterclaim?


What for?
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nosferatu1001
post Thu, 21 Feb 2019 - 19:44
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Indicate, what damage have you been caused?
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SkipO
post Mon, 12 Aug 2019 - 10:56
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Well that didn't go well!

The Judge, although a very nice, sympathetic guy, went for VCS.

The NTK irregularities …. irrelevant.

The LBC irregularities and omissions …. irrelevant

The relevant, non-relevant land...…. ignored

The RTA......ignored

The fact that the submission by VCS had errors and untruths in it and was quite clearly pointed out.... well done but irrelevant

An all but brief stop in an emergency but a stop all the same therefore liable

Wouldn't give them anything more than the basic fees though. I'll give him that.

It appears that case law has now taken precedence over all the above and although the judge I feel would have told them to sling their hook if he could his hands were tied.

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nosferatu1001
post Mon, 12 Aug 2019 - 12:25
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What case law precisely? You didnt tell us what they won on!

Relebvant and non relevamnt land - well VCS dont claim the Keeper is libale using POFA so no it wouldnt matter.
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Jlc
post Mon, 12 Aug 2019 - 12:34
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VCS v Ward?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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