PCN VCS / BW Legal

[jlwhitworth1]

Hi all,

New to the forum and seeking abit of advice.

I originally received a Parking Charge Notice on 11th June 2015 from Vehicle Control Services. The driver parked outwith the allocated spaces for the gym.

Anyway, after 6 months of letters, i think about 5 in total, where the debt was passed from debt collecter to debt collector all with varying prices, in November 2015 the letters dried up. I then received a letter on the 3rd August 2016 after 9 months of hearing nothing, stating that BW Legal are acting on behalf of VCS and want a total sum of £154 (£100 PCN and £54 Legal Fees). I've read a few forum posts and hear that BW Legal are the new kids on the block, being a bit stubborn / taking scare tactics to next level and having County Court Claim forms Issued.

One annoying thing about all this, gym members are now allowed to use any parking space after 5pm, which was brought in circa 6 months ago. They obviously realised this was a major issue and did something about it.

My fear is that if i do get a county court claim form through the post, I wouldnt have the foggiest on the next steps to take in writing / preparing my defence. Should i just roll over and pay the fine or should I ignore?

I have also attached a copy of the letter from BW Legal that I received last week.

Thanks in advance for any replies!!

Kind regards,

[des8]

Re: PCN VCS / BW Legal

It is advisable to remove identifying details from postings.... this is a public forum

[mystery1]

Re: PCN VCS / BW Legal

Contact the gym manager.

You probably are going to get a court claim although we will do our best to fight this off, which will probably delay matters at best.

Edit this letter to suit

Dear VCS,

I write in response to your "letter of claim" dated 5th May 2016, the contents of which are noted. As registered keeper i have no idea about the parking charge at all. When or where it was for is a mystery to me.

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 £54 extra 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.


CPR 22

Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case



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.

M1

M1

[jlwhitworth1]

Re: PCN VCS / BW Legal

It is advisable to remove identifying details from postings.... this is a public forum

Attached the wrong photo... how do i edit this or can i remove this somehow?

Thanks for notifying

[jlwhitworth1]

Re: PCN VCS / BW Legal

Contact the gym manager.

You probably are going to get a court claim although we will do our best to fight this off, which will probably delay matters at best.

Edit this letter to suit



M1

Thanks M1.

Should I address this to VCS then or BW Legal?

What are the chances of me getting off with this, as from reading other forums the next letter is likely to be circa £236 and then am i likely to have to pay court costs on top of this IF I were to eventually lose in court? The main outcome i am trying to avoid is a CCJ

Kind regards,

[mystery1]

Re: PCN VCS / BW Legal

BW Legal.

Chances are pretty decent as VCS don't often reach a hearing although have been known to make you turn up at court only to find they can't be arsed.

The chances of higher costs than those claimed are minimal as even if they do turn up costs are capped in the small claims track, barring unreasonable behaviour.

The CCJ i suspect you wish to avoid is actually protecting your credit rating. This is only harmed if you lose and don't pay within 28 days.

M1

[jlwhitworth1]

Re: PCN VCS / BW Legal

Thanks M1, I will send the letter off and keep updating the post once i hear anything back... for anyone whom may be interested

[jlwhitworth1]

Re: PCN VCS / BW Legal

Hi M1, will be sending the letter today. I am right in thinking that i only have to edit the addressee to BW Legal and the date the letter of claim was issued?

Sorry for being so dumb...

[mystery1]

Re: PCN VCS / BW Legal

If the amount is £154 then yes you are correct.

M1

[jlwhitworth1]

Re: PCN VCS / BW Legal

OK email sent, lets await their response.

Thanks for your help M1!!!! Much apppreciated.

[jlwhitworth1]

Re: PCN VCS / BW Legal

Hi,

Yesterday I received a response to the email I sent dated 8th August 2016.

Images of letter attached.

Any thoughts?

Kind regards, Jake