VCS ANPR PCN PAPLOC now claimform - appealed - Berkeley Centre Sheffield *** Claim Dismissed***

[simsplayer96]

*Please see attached the full response I sent to the company*

 

Hi everyone,

 

I'm a complete newbie here but I received a notice to keeper last year for allegedly overstaying in a private car park by about 25 minutes.

 

This scared me initially that they were asking for £100 fine without knowing who the driver was. I did some research and found out they had to have sent out the NTK within 14 days under the Protection of Freedoms Act, to be able to hold me (the keeper) liable.

 

They posted the NTK 16 days after, and it was received 5 days later - 21 days after the contravention. Thus, I believe I cannot be held liable for the charges.

 

I have communicated this to the company, and informed them that I believe my data has been misused - as they did not comply with POFA, and the IPC's code of practice.

 

I told them that any further contact on the matter would be considered as harassment and "I would sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

 

This includes communication from any Debt Collection companies you care to instruct. If you decide not to cancel this PCN then you should provide me with a Parking On Private Land Appeal code so that I can appeal to them, and they will then direct you to cancel."

 

However I have just received this Letter before claim stating that I have until the 12/02/2021 to respond either by paying or disputing.

 

I believe that by continuing to contact me, after having not met all of the requirements under POFA, their code of practice, they are misusing my personal data as per the Data Protection Act. I was not the driver, and I can not remember who the driver was, nor am I obligated to inform them.

 

Any advice on how I should go forward with this would be very much appreciated!

 

My main questions are -

1. Am I correct in my thinking that they have no legal basis to pursue me as the keeper?

2. Should I ignore this Letter before claim, or should I dispute? If so, how?

3. Am I correct in my thinking that they have misused my personal data, and that I am entitled to compensation?

4. How do I go about suing for damages/distress caused by misuse of personal data? and is it likely that I would win?

I have attached my full response I sent to the company before they sent me the Letter Before Claim for if anyone is interested.

Thank you very much in advance!

Response to PCN.pdf

[simsplayer96]

Hi HB,

 

Here is all the required information:

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

06/10/2020

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

22/10/2020

 

3 Date received

27/10/2020

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

ANPR only
 

6 Have you appealed? [Y/N?] post up your appeal]

I have informed them I was not the driver and will not be paying.
 

Have you had a response? [Y/N?] post it up

Response: "Good afternoon

 

We would note that the correct time to lodge an appeal was within 21 days of the original notice being sent to you, as stated on our letters we would not accept further appeals at this stage and the balance is outstanding. 

 

If payment is not made we will continue with our action, payment can be made as stated on our letter.

 

We will not respond to further correspondence disputing this matter.

 

Regards"

 

7 Who is the parking company?

VCS

 

8. Where exactly [carpark name and town]

Berkeley Centre Sheffield

 

For either option, does it say which appeals body they operate under.

IAC

 

[simsplayer96]

thank you very much for getting back to me!

 

I will start drafting up a response.

 

Should I write my response in the return form of the Letter before claim?

 

And should I notify them of my intention to sue for breach of GDPR, or should I save that for court?

 

I would prefer if they just cancelled the ticket, and I didn't have to go to court. But I am willing to go if they insist.

 

Kind regards

[simsplayer96]

Hi guys, 

 

I have drafted a letter of response to my LBA, would you mind reading it and letting me know if i'm on the right track?

 

Thanks in advance!

 

"

Ref PCN: ****
VRM: ****

Contravention Date: 06/10/2020
Issue Date (Posted): 22/10/2020
Date Received: 27/10/2020

 

(text removed so it's not copied- dx)

"

[simsplayer96]

thanks for the feedback guys, I've never had a ticket before so very new to this. 

 

I will change the letter to more like yours FTMDave.

 

However, In the form they have given me, they've asked if I require them to send any documents. That's why I thought it would be a good idea to ask them for their cause of action because at the moment, it's very unclear how they would be charging me as keeper. 

 

By asking for all that information, would that not make it more likely that they will give up, instead of going to the hassle of providing?

 

Again i'm willing to go to court, but would really prefer not to.

[simsplayer96]

Hi everyone,

 

Hope you are all well!

 

I have had a new letter (please find attached) arrive over 6 months after posting the snotty letter to VCS (please see above).

 

This letter is from ELMs Legal, informing me that their client VCS has instructed them to recover the cost of the phony PCN.

 

Would anyone please be able to give me some advice on how to procede? They say I have until 16/7/2021 to get in contact with them before legal proceedings commence. Should I be concerned by this, or is this just more scare tactics to try to get me to pay?

 

This is an email draft i am thinking of sending them;

 

"Sirs

Ref: 

Contravention Date: 06/10/2020.
Issue Date (Posted): 22/10/2020.
Date Received: 27/10/2020.

I am in receipt of the Notification of Instruction you issued. The PCN you have been instructed to recover was issued (posted) to me 16 days after the contravention, and was received 5 days later; 21 days after the contravention. I have no liability on this matter as Vehicle Control Services Limited ("your Client") failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to notify the keeper within 14 days beginning with the day after that on which the specified period of parking ended as mandated by section 9 (4) (b) and (5) of the Act. You cannot therefore transfer liability to the keeper.

I was not the driver of the vehicle at the time and date of the alleged overstay. There is no legal requirement to identify the driver at the time and I will not be doing so.

A quick Google search shows how many times your Client has been hammered in court in cases like this. If you want another thrashing, that's fine by me. I will seek a full costs order due to unreasonable behaviour under CPR 27.14(2)(g), and I've already drafted my particulars of claim for breach of GDPR and the Data Protection Act.

Yours sincerely,
"

 

Please let me know what you think!! Thank you very much in advance , any help is really appreciated

 

 

 

2021-07-02 Elms - Notice Of Instruction.pdf

Edited August 15, 2021 by dx100uk
text & PDF redacted

[simsplayer96]

Hi,

 

Apologies for not redacting the details, I completely forgot whilst uploading

 

 

@lookinforinfoI have sent your above letter to VCS, and have replied to ELMS informing them that their client is pursuing me unlawfully, and that they know this.

 

Will keep you updated! 

 

Thank you so much again for everyones help!

[simsplayer96]

Hi everyone,

 

Thanks again for all of your help. 

 

I've just received a Claim Form from Elms Legal on behalf of VCS, for which I have 14 days to reply with an acknowledgement of service, and a defence form.

 

I have a couple of queries if anyone could please help:

 

1) Is it worth making a counterclaim for breach of GDPR for them pursuing me as keeper without being POFA compliant? Do I have to make the counterclaim at this point?

 

2) How much should I say in my defence? When I first received the Letter Before Claim, i prepared a full response which i was recommended to hold until i was taken to court. I have attached here if anyone could take a look and let me know which points i should concentrate on in my defence. Or should I just send the whole thing?

 

Thank you so much in advance for all of your help,

 

Kindest regards,

Simsplayer

 

 

 

 

PCN full response.pdf

[simsplayer96]

Thanks a lot Dave. 

 

I will deal with this case first and foremost. 

 

I've just submitted my acknowledgement of service, and have ticked defend all of claim, and contest court jurisdiction. After doing that, I did some more reading and realised I maybe shouldn't contest court jurisdiction? Do you think this will matter? 

 

I've looked in other forums, and I have prepared a CPR 31:14 request which I have attached if you could check that I am on the right track/if i should include anything else?

 

Also, Does a CPR 31 request need me to pay them for costs?

 

Thanks in advance!

 

 

As for defence, is this sufficient? Or should i also include breach of POFA, KADOE, DPA etc...?

 

1.  The Defendant is the registered keeper of *****

2.  The signage is prohibitive in nature and not a genuine offer of a contract for consideration. 

3.  In any case it is denied that the Claimant entered into a contract with the Defendant. 

4.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Kind regards,

simsplayer

[simsplayer96]

Apologies for rushing, this whole thing has really caused me a lot of stress, and i guess I am impatient to resolve it.

 

Here is all the details on the claim form:

 

 

Name of the Claimant : Vehicle Control Services Limited

 

Claimants Solicitors: Elms Legal

 

Date of issue – 3/8/21

 

Date for AOS - 21/8/21

 

Date to submit Defence - 3/8/21

 

What is the claim for – 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The Defendant's vehicle, ******, was identified on in the Berkeley Centre Pay & Display on the ****** in breach of the advertised terms and conditions; namely parked without purchasing a valid Pay & Display ticket for VRM. At all material times the Defendant was the registered keeper and/or driver.

 

3.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 

 

4.The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

 

5.The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the value of the claim? £245.00

 

 

Amount Claimed £160

court fees £35

legal rep fees £50

Total Amount £245

 

 

Edited August 8, 2021 by dx100uk
formatting

[simsplayer96]

Hi again,

 

Apologies for rushing, I really appreciate the advice so i will slow down from here on out. Am I not right in feeling confident that they cannot win this case however? They have not complied with POFA, and I was not the driver, so how can the court allow them to hold me liable?

 

As for the POC, the date in breach was 06/10/2020.

 

I have attached the original NTK below.

 

Thank you again for all the help!

Scan 1-merged-compressed.pdf

 

Hi,

 

I have prepared a CPR 31:14 request which I have attached if you could check that I am on the right track/if i should include anything else?

 

Also, Does a CPR 31 request need me to pay them for costs?

 

Kind regards

CPR 31 Redacted pdf.pdf

[simsplayer96]

Ok I have changed back to the template, and will post it to Vehicle Control Services Ltd.

 

Will it be ok if i send second class and get a proof of postage certificate?

 

Thank you!

[simsplayer96]

Hi everyone,

 

the CPr request has been posted. Should I start preparing my defence now, or is there anything else I should do first?

 

As for defence, is this sufficient? Or should i also include breach of POFA, KADOE, DPA etc...?

 

1.  The Defendant is the registered keeper of *****

2.  The signage is prohibitive in nature and not a genuine offer of a contract for consideration. 

3.  In any case it is denied that the Claimant entered into a contract with the Defendant. 

4.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Thank you!

[simsplayer96]

Thank you dx,

 

My deadline for submitting defence is 4pm friday the 3/9/21.

 

I will look to file my defence on MCOL a few days before that date.

 

Do you think I should add anything else to the defence?

 

I feel like the basis of my argument is that they haven't complied with POFA, should I include this?

 

Kind regards

[simsplayer96]

Hi again everyone,

 

I have now received another letter from the court which is a notice of allocation to the small claims track (hearing).

 

Please find the copy attached with personal information redacted. 

 

It is asking for me to submit any documents on which I intend to rely on in court, which documents should I send? Or is it likely that VCS will not continue with the claim?

 

Kind regards, and thank you very much in advance!

 

 

Court Notice of allocation.pdf

Edited December 3, 2021 by dx100uk
pdf's merged

[simsplayer96]

Hi everyone,

 

I have had a busy christmas but have just managed to draft up my witness statement!

 

I need to deliver it by the 7th January so I don't have too much time, but if anyone is free could you have a look at it, and let me know if im on the right track?

 

I just need to include all of the appendix documents but everything else is finished.

 

Please find attached.

 

Kind regards

Copy of WITNESS STATEMENT redacted.pdf

[simsplayer96]

Hi FTMDave, 

 

Thank you so much for looking at it for me!

 

I did indeed receive both of those letters, and I will include them in the appendix of the WS.

 

I have tweeked my WS and added another section as you suggested, please find attached.

 

I have not yet received anything from VCS.

 

Kind regards

 

 

Copy of WITNESS STATEMENT redacted (1).pdf

[simsplayer96]

needs to be delivered by the 7th January, so thinking of posting it second class signed for, on the 4th Jan.

[simsplayer96]

i posted my witness statement off 1st class signed for yesterday, so should arrive with no time for VCS to see it before they post theirs. 

 

Still no sign of anything from VCS yet, but I had a letter from the court today asking if I was happy to do proceedings over the phone, instead of in person? 

 

What do you guys think? I have to email them within 48 hours to let them know either way

 

Thanks!

[simsplayer96]

Hi sorry my partner expained the letter to me incorrectly.

 

I have to give my details to the court within 48 hours, and then i have to let the court know if i'm not happy with remote proceedings at least 2 working days before the hearing date (14th February).

 

Do you still need me to upload the full letter details? I'm away from home for the next 4 days so don't have access to a scanner!

[simsplayer96]

I still haven't received VCS's witness statement, a day late now. 

 

Do you think that will negatively impact their case? I have spent considerable time and money fighting this so far, so have prepared a schedule of costs for all the expenses i have had.

 

is it better for me to ask to go into court to settle?

 

Obviously i don't really want to go into court if i end up losing, but i feel like as they have not met the court's rules regarding witness statements, that they now don't stand a chance?

 

Not entirely sure what to do, so any advice is really helpful

 

Thank you so much

[simsplayer96]

Hi everyone, 

 

had an interesting email from VCS yesterday, with a supplemental WS (please find attached) which claims they sent their original witness statement on the 30th Nov. 

 

I have not received a WS from them at all. I did receive a letter from them on the 30th November (also attached), which makes no mention of a WS.

 

They are also claiming they never received my CPR request, but I have a certificate of proof of posting to their address. 

 

What should I do now?

Do I respond and ask for their original WS?

Or not respond until they contact me via post as required?

 

Thank you so much!

Supp WS.pdf letter 30 nov.pdf

[simsplayer96]

Sorry I didn't do that, I'm a complete newbie with all of this!

 

Should I respond saying that I cannot be contacted by this email?

 

am I not right in thinking that they have to send official documents via post? just like I had to do?

 

Either way, I haven't received any WS from them via email either.

 

 

[simsplayer96]

I'm really sorry everyone, I'm still away on holiday so have very limited wifi access!

 

I've drafted an email response to VCS, what do you think?

 

"Dear Ambreen,

 

Just to let you know that this email should never have been used, and should not continue to be used to contact me. 

 

I have never received a witness statement from you. I did in fact receive a letter from you on the 30th November, which simply was asking for us to pay a reduced settlement fee, with no mention of a witness statement anywhere?

 

As you are now well past the court's deadline of the 7th January 4pm to deliver documents you intend to rely on in court, I still have no idea what I am defending myself for. 

 

Can you please send me your original witness statement immediately via email, and also via post as required by the court. I need this immediately so that I can prepare myself a fair defence, so please send via email given these special late circumstances.

 

After that, please discontinue using this email for court matters, as I have never given permission to be delivered documents here.

 

As for the CPR request, I have proof of postage to VCS's given address for official documents.

 

Regards,"

I will send as soon as I get confirmation from you, and will let you know when they reply.

 

I have access to better internet today.

[simsplayer96]

Ok so i've received a Witness statement via email from them.

 

It is dated the 30th November, so I have no idea why this hadn't been sent to me sooner?

 

Please find attached, it seems they are arguing that I am responsible for the actions of all of the named drivers of my vehicle. That doesn't seem right at all? and also, how am i to know who was driving?

 

Let me know what you think.

 

This is what they replied to my email:

 

"Dear Sirs, 

 

We utilised this email address for serving our supplemental witness statement as this was the email address pleaded in your Defence and Counterclaim Form. If you did not wish to be served with any paperwork in relation to the matter at this email address, then you should not have pleaded this email address in the Defence Form.  

 

We note from your email below that you then go on to request us to re-send you our witness statement and evidence to the same email address. 

 

Please find attached our bundle and supplemental witness statement. 

 

Please kindly confirm receipt of the above documents.

 

Kind regards. 

 

Ambreen    "

VCS WS Redacted 2-compressed.pdf