Author Topic: VCS Bristol Airport - Missed failed appeal email - £170 demand for payment  (Read 413 times)

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H C Andersen

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It's not a Letter of Claim, file.

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Nosy Parker

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Any idea how much could this end up costing?
Thanks again for your help

Provided you deal with the matter correctly, it should end up costing you £0.00
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Nosy Parker

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PS, If VCS takes the case to court at any time in the next 6 years, follow the advice over on https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1 and you should win.


I would also add that, in view of the 6 year time limit for VCS to commence court proceedings, it is vital that whenever you move home in the next 6 years (in addition to updating your driving licence and V5C vehicle registration as required by law) you must notify VCS's data protection officer of your new address and require the erasure of your old address.  The easiest way to get a CCJ is to allow a PPC to sue you at your old address.  Royal Mail post forwarding is not 100% foolproof and nobody keeps it going for 6 years.

Send this to dataprotection@vehiclecontrol.co.uk after each move in the next 6 years:

Dear Sirs,

PCN [         ] VEHICLE [                 ]

I dispute this charge and intend to defend any claim initiated in relation to it.

Please note that I no longer reside at the address shown on the PCN and correspondence sent to me there will not reach me.  I require you to erase my former address from your records.  My new address is [                        ] and I attach proof thereof.

Yours faithfully,


Be sure to attach proof of your new address, ideally a V5C vehicle registration document (for any vehicle) but a utility bill or some official communication will do.

paulswhitt

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Hi,

I have received my next letter, which is a 'Letter Before Claim'. No surprises it arrived after the deadline.... Apparently, it was posted on 30/01 and yet it arrived 01/03...

There are some forms that I have been given to complete. You can see the forms here.

https://imgur.com/a/cDS4uHL

Should I complete them?

Is there somewhere to refer to for guidance on answers? There are different sections depending on how I choose to respond.

They are also asking intrusive questions about my financial situation which I will not respond to.

Thanks in advance


b789

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Do not fill in any of the forms.

b789

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It is interesting that you have only now received the LoC. It states that it was sent 2nd class which requires 4 working days for deemed delivery. What is the date of sending on the letter and/or the envelope?

With a deadline of 29/02/2024, it should have been sent no later than 31/01/2024. If you think you need more time to digest this, you could try and send them a response telling them that, whilst you deny any debt, you require them to extend any deadline by 30 days as you are seeking debt advice. It may be too late as they may have already issued a claim today. Time will tell.

It's no big deal as you will defend the claim anyway.

paulswhitt

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The date on the letter is 30/01/2024.

There is no postal system in the world that takes this long to deliver a letter.

The last 2 letters have been received after the deadline given in the letter, which is deeply suspicious.

They could have walked it here quicker than it would have taken by post.

b789

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The problem is that it is difficult to prove, either way. Unless the envelope in which it arrived is postmarked, you cannot prove they sent it, deliberately or otherwise, late. Likewise, unless they have a proof of posting certificate, they cannot prove they did send it on the date they say.

You would need whoever delivers your post or someone at the local sorting office to sign a witness statement saying that it was only delivered on the date you say it was.

Whatever you do, you are now waiting for a claim to arrive. If/when it does, come back for further advice on how to deal with it.

paulswhitt

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Thanks for your help, I'll be back soon no doubt!

H C Andersen

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The LBC gave you one choice: pay.

If you didn't by 29 Feb. then they say they will initiate legal proceedings.

Good.

Don't concern yourself about who sent what when and why it didn't arrive until *** IMO it's not a material issue. Even if you think they post late, it would not affect legal proceedings because the court issues the claim document, not the claimant.

paulswhitt

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Well it didn't take long to receive my next correspondence, this time from ELMS Legal

https://imgur.com/a/nJ41kfR

Here's my proposed letter by reply

https://imgur.com/a/WJbSL37

Would welcome your thoughts / suggestions
« Last Edit: March 04, 2024, 11:35:31 am by paulswhitt »

b789

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In your response, you state that they cannot pursue you as the driver. Technically, they can pursue you as the driver but they'd have to evidence that allegation in court.

VCS will respond that the bylaws are now obsolete, which they are not.

The LoC was issued by VCS so you should be responding to VCS, not Elms. Elms are acting as a debt collector.
« Last Edit: March 04, 2024, 12:00:04 pm by b789 »

Nosy Parker

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I think your reply is spot on. Go for it. They canít pursue you as driver because they canít discharge their burden of proving that you were driving.  This was made perfectly clear in a recent appeal case that they will be aware of because VCS was the losing party - VCS v Edward (2003). You might want to update your letter to mention this.
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b789

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The response does mention VCS v Edward.

Nosy Parker

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Good catch

Itís fine to address to the reply to ELMS Legal as they are solicitors used by VCS to commence proceedings but by all means cc VCS.