VCS v Ibbotson

[oskathedog]

Firstly, as a new member, I would like to thank all the contributors for the excellent advice given on this forum.

My question is:
Does the VCS v Ibbotson ruling still stand? I have just received a Final Notice from BW Legal that refers to an alleged contravention from 2010! It's the same retailer but a different county. If this proceeded to court could it still be argued that there wasn't the correct contract in place at the time?
I am just in the process of replying to BW, any advice would be gratefully received.

Sorry, can't get the scan to go the right way up!


( ediT: added right way up scan )

[mystery1]

Re: VCS v Ibbotson

I take it this is just under 6 years old then ?



Edit to suit












Dear BW Legal,








I write in response to your final notice which i take to be a letter before action dated 20th June 2016, the contents of which are noted.








As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).








As well as the information already requested please answer the following questions :-








What type of car park is it ?








What contravention gives a cause of action ?








Who contravened your rules ?








Who you are pursuing ?








Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?








How is the £154 made up ?








Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.








Having done some research on your claims i request that if you ignore my requests for information that your claim complies with








CPR 16








Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim








Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;








Practice direction 16








Other matters to be included in particulars of claim
































7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
















Practice direction 22








Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by








(2) the legal representative of the party or litigation friend.








3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.








3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.








3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
















Practice direction 7E








Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.








I await your response.








Yours sincerely










Send via email if possible.








M1

[oskathedog]

Re: VCS v Ibbotson

Many thanks for that, and yes, this is just under 6 years old. It appears to put the frighteners on to get payment before time runs out.
Is POFA 2012 (4) relevant in this case, as the alleged contravention dates from 2010?

[mystery1]

Re: VCS v Ibbotson

Nope. edit the question out

M1

[oskathedog]

Re: VCS v Ibbotson

Thanks again. Reply sent by email, should I also send hard copy by recorded delivery?

[mystery1]

Re: VCS v Ibbotson

You can but it's not required and you won't get the money back in all reality.

M1