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#Post#: 35781--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: BDayOwl
Date: September 5, 2024, 9:04 am
---------------------------------------------------------
Noted, will be sure of that moving forwards.
--- Quote ---
> Hi Shahera,
>
> Thanks for your prompt reply, but you seem to have missed a
few points.
> My initial question was about whether the additional £70 'debt
recovery fee' was inclusive or exclusive of VAT, not the
original parking charge. Please clarify whether the recovery fee
of £70 is inclusive of exclusive of VAT, or whether it's
VAT-exempt as you seem to have indicated above.
> Point 2 has been completely ignored, so I'll share it again:
"Regarding the principal sum allegedly due under the PCN: Is
this being claimed as damages, or is it intended to be pleaded
as consideration for a service (i.e., parking)?"
> You've shared 3 pages of what, according to the numbering in
the footers, is an 8 page document. In addition, the term
specified within the contract lapsed in January 2023.
Furthermore, the contract you have shared is signed by Bristol
Airport Ltd, with no reference to the landowner. Please provide
the full and valid contract flowing from the landowner, Ontario
Teachers’ Pension Plan (OTPP), through their managing agent,
Bristol Airport Ltd, to your client, evidencing their
contractual right to issue PCNs in their own name.
> You've alluded to the BPA Code of Conduct, but I note that VCS
LTD aren't listed on the BPA's Approved Operators. Can you
confirm whether VCS Ltd are bound by the BPA's Code of Conduct?
> Under the PAP I am entitled to specific answers to these
questions, so please share full answers at your earliest
convenience.
--- End Quote ---
#Post#: 35795--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: b789
Date: September 5, 2024, 11:29 am
---------------------------------------------------------
Please, don't use "Hi" when writing formal letters. It may as
well be signed "with love and kisses". Use Dear Sir (or the name
of the person) and sign with Yours Faithfully (if you don't know
the person) or sincerely (if you know the person).
These are not your "mates" or friends. They are out to scam you
out of hundreds of £s.
I note you are also seeking advice on the advice you've received
here from us over on the MSE forum.
This will never reach a hearing and will be discontinued in due
course. What we are trying to achieve here is extra work and
expense for DCB Legal and their intellectually malnourished
employees.
#Post#: 38121--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: BDayOwl
Date: September 24, 2024, 11:04 am
---------------------------------------------------------
Reply received:
--- Quote ---
> We write in response to your correspondence received in our
office dated 05/09/2024.
>
>
>
> We now respond to the same as follows.
>
>
>
> The Parking Charge Notice (PCN) was issued as the vehicle,
XXXXXX had stopped to pick up in a restricted zone. The signage
on site clearly stipulated, 'no pick up or drop off'. Please see
attached. As evidenced by the images of the vehicle attached,
the vehicle picks up a passenger. This is a clear breach of the
Terms and Conditions of the site. Therefore, it is our Client's
position the PCN was issued correctly.
>
>
>
> Your appeal was received by our Client on 16/05/2024. In
response to your appeal our Client informed you that upon review
of the CCTV evidence, it was confirmed your vehicle stopped to
collect a passenger on an access road where restrictions apply.
Our Client then afforded you the opportunity to pay the PCN at a
reduced sum of £60.00 or make an appeal to the Independent
Appeals Service. No further payment or appeals were made. Please
see attached both the appeal and response.
>
>
>
> Given that the case has been escalated to this firm for
recovery action, the time to appeal further has now elapsed and
payment of the PCN is now required.
>
>
>
> The PCN was not paid within the prescribed 28 days or indeed
at all. In view of this the sum of £70.00 is also claimed as a
contractual cost pursuant to the Contract. The £70.00
contractual cost is not inclusive of VAT.
>
> For clarity, our Client is an approved operator of the
International Parking Community. We apologise for the
administrative error within our previous correspondence.
>
> We can confirm the Landowner Agreement has been extended by
mutual consent. As such, our Client has sufficient authority to
manage parking in this location.
>
> Please note, we will not be engaging in further correspondence
regarding matters previously discussed.
>
> If there are any documents that you have requested, but that
are not attached, it is because we have deemed the request to be
disproportionate and/or not relevant to the substantive issues
in dispute. We respectfully draw your attention to paragraph
2.1(c) of the Protocol and remind you that both parties are
expected to act reasonably and proportionately.
>
> You now have 30 days from the date of this email to make
payment of £170.00. Failure to make payment will result in a
Claim being issued against you without any further reference.
>
> Payment can be made via bank transfer to our designated client
account: -
>
> Account Name: DCB Legal Ltd Client Account
> Sort Code: 20-24-09
> Account Number: 60964441
> You must quote the correct case reference (XXXXXXX) when
making payment. If you do not, we may be unable to correctly
allocate the payment. If further action is taken by us as a
result of an incorrect reference being quoted, you will be
liable for any further fees or costs incurred.
>
> We would ask that you kindly furnish us with your most up to
date telephone number, this can be emailed to us at
info@dcblegal.co.uk.
>
> Alternatively, you can contact DCB Legal Ltd on 0203 838 7038
to make payment over the telephone or online at
HTML https://dcblegal.co.uk/response/pay-online/.
>
>
> Kind Regards,
>
>
>
> Louise Bridle
>
>
>
> DCB Legal Ltd
--- End Quote ---
#Post#: 38136--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: b789
Date: September 24, 2024, 11:50 am
---------------------------------------------------------
Nothing unexpected. However, I suggest you respond to that
letter with the following:
--- Quote ---
> Subject: Continued Non-Compliance with Pre-Action Protocol
>
> Dear Ms Bridle,
>
> I acknowledge receipt of your latest response, dated [insert
date].
>
> It is regrettable that you have once again failed to fully
comply with the requirements of the Pre-Action Protocol (PAP).
Despite my repeated and clear requests for information, you have
not provided satisfactory answers or the required documentation.
>
> You have also failed to fully address my queries regarding the
additional £70 charge, which you assert is a "contractual cost"
but provide no breakdown or justification of its calculation in
relation to any specific contractual terms. Your attempt to
characterise the fee as such does not exempt you from providing
clarity, especially in light of the fact that this charge was
introduced post-PCN and does not appear to be part of the
initial contract at the time of the alleged parking event.
>
> Your refusal to engage with my questions regarding whether VAT
applies to the debt recovery fee and your continued reliance on
the BPA Code of Practice without addressing the specific issues
raised is unhelpful and inconsistent with the spirit of
transparency required by the PAP. Simply restating positions
without answering reasonable questions amounts to obfuscation,
and I find your behaviour obstructive.
>
> I must remind you that the court expects both parties to act
reasonably and proportionately before litigation. Should you
continue to fail in your obligations under the PAP, I will have
no hesitation in bringing this to the attention of the court as
evidence of your unwillingness to comply with pre-litigation
conduct requirements.
>
> This will be my final request for answers. I therefore give
you one final opportunity to:
>
> [indent]1. Provide a proper breakdown of the additional £70
charge, including the basis upon which it has been added to the
claim, and whether it includes VAT.
>
> 2. Confirm the full chain of authority for your client’s right
to issue parking charges at the location, including the
landowner's contract and any applicable sub-contracts.
>
> 3. Supply any further documents you deem necessary to clarify
your position.[/indent]
>
> Failure to respond to these reasonable requests in a timely
and transparent manner will result in me relying on your failure
to comply with the PAP as part of my defence in any future
proceedings.
>
> Yours sincerely,
>
> [Your Full Name]
--- End Quote ---
This makes it clear that you do not intend to make further
requests for clarification and strengthens your position in case
this proceeds to court.
#Post#: 38932--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: BDayOwl
Date: September 30, 2024, 9:37 am
---------------------------------------------------------
Thanks for the above reply, however I would have had more luck
just shouting at a brick wall:
--- Quote ---
> We write in response to your correspondence received in our
office dated 24/09/2024.
>
>
>
> We now respond to the same as follows.
>
>
>
>
> We refer to our communication of 24/09/2024, we confirm that
despite your latest correspondence, our position remains as
previously advised. As such, should our client instruct us to
proceed with further legal action, we reserve the right to do so
without any further reference to you.
>
>
>
> If you are at all unsure of your legal position, you may wish
to seek your own independent legal advice. For example, you may
wish to seek independent legal advice from the Citizens Advice
Bureau.
>
>
>
> You now have 24 days from the date of this email to make
payment of £170.00. Failure to make payment will result in a
Claim being issued against you without any further reference.
>
> Payment can be made via bank transfer to our designated client
account: -
>
> Account Name: DCB Legal Ltd Client Account
> Sort Code: 20-24-09
> Account Number: 60964441
> You must quote the correct case reference (XXXXXXXX) when
making payment. If you do not, we may be unable to correctly
allocate the payment. If further action is taken by us as a
result of an incorrect reference being quoted, you will be
liable for any further fees or costs incurred.
>
> We would ask that you kindly furnish us with your most up to
date telephone number, this can be emailed to us at
info@dcblegal.co.uk.
>
> Alternatively, you can contact DCB Legal Ltd on 0203 838 7038
to make payment over the telephone or online at
HTML https://dcblegal.co.uk/response/pay-online/.
>
>
>
> Kind Regards,
>
>
>
> Louise Bridle
>
>
>
> DCB Legal Ltd
--- End Quote ---
#Post#: 38939--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: b789
Date: September 30, 2024, 10:25 am
---------------------------------------------------------
Did she actually use those dates?
--- Quote ---
> We write in response to your correspondence received in our
office dated 24/09/2024.
>
> We now respond to the same as follows.
>
> We refer to our communication of 24/09/2024,
--- End Quote ---
Never mind. This will be used against them when the time comes.
You now sit back and wait for the inevitable N1SDT Claim form to
arrive in theist from the CNBC.
The only piece of paper in the envelope will be the actual N1SDT
form. All the other forms can be discarded. You will not be
responding by post. It will all be done online and by email.
When the clam from arrives, show us all the detail except your
name and address, the claim number, the VRM of the vehicle and
the MCOL password. Leave everything else showing.
We will give you the necessary advice on how to acknowledge it
and defend it.
#Post#: 44913--------------------------------------------------
Re: VCS - Bristol Airport - PCN for 'Stopping to Pick up/Drop
off a passenger' at a temporary red light
DIR By: BDayOwl
Date: November 10, 2024, 10:53 am
---------------------------------------------------------
Hey all, claim form arrived yesterday. Any advice on next steps
would be much appreciated!
[attachment deleted by admin]
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