maximus81
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Everything posted by maximus81
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P7 Updated - thanks. VCS Witness Statement Claim number xxx.pdf
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Thanks guys yes I intend to upload my WS if it is useful to others for similar cases - just need to edit it first when I get chance. I tailored a really good WS from the most similar case (doomtrooper) on CAG to suit mine and just made sure I understood the detail I was submitting, as each case is different. I emailed it to the court the day before deadline day then posted to Simon recorded.
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Just thought I would update - after getting a hearing date and filing a WS last week, Simon has now written to advise he has discontinued the claim and notified the court. Of all the letters i've had, I think i'll keep this one...
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Yes. I have. No worries leave it with us.
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How idiotic of me, didn't see it as a private parking ticket - thought no stopping was different.
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Hi, I've had mediation date confirmed today for April 25th for this case. Have had a look through some threads for some steer and seen this comment from DX100uk: you agree to MEDIATION on the n180 you continue to do so right until the very day the actual telephone MEDIATION call takes place. when it does, the same n180 question is asked... have you enough information etc etc. . it's THEN when, if you have not received something that is important to your decision, like say no DN's comes into play... so you then refuse MEDIATION by saying no, ....i do not have enough information to make an informed decision to enter into MEDIATION. the idea is you are seen to enter into 'the spirit' of MEDIATION by giving the claimant as much time as possible to give you what is needed.... that will bode well for you later on. That's not a no stopping claim but would i take the same approach? On the day presumably aim to end the call on grounds I have not enough information to proceed? thanks.
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VCS Letter - cease of ELMS.pdf Hi, I sent my N180 form to the court today 1st class (deadline 11th) Had not sent a copt to sols yet, only able to print a copy ready for tomorrow's post. Today I received this from VCS advising they are now representing themselves and to only correspond with them. So that's BW Legal in 2017, ELMS Legal in 2021/22, and now they represent themselves. Do you think it changes anything in terms of the case? And I take it the offer to settle for £185 is also a no go. thanks.
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Thanks - it's not an issue. The form specifies to name your preferred court AND a reason why. I was merely wondering if there's a good reason why, other than being most local. You never know...
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I have put local, but it asks for reasons why as well. I haven't just wondered if I should.
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Hi, when declaring preferred county court and reasons why, is there a good reason why to declare on the form? thanks.
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Hi, i've now recieved from the court a questionnaire N180 which must be filed by 11th March. I've looked through similar threads namely Alaska101 for some further intel, but for now, I just compete this form and return by post asap? Any hints here on filling the form correctly at all please?
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Hi, I have attached from what I was sent, 3 examples of no stopping signs. In addition to this there were other printouts of signs (Private Property, No parking on pedestrian route, yellow hatches, disabled bays etc.) Have scanned the letter and contract with landowner. There are also a pile of other documents, such as the original PCN, then a reminder, and letter of claim etc. no stopping signs.pdf Letter & Contract.pdf thanks.
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Hi, just to update I have now received a pack of 'evidence' from the solicitors. Includes a copy of the snotty letter I sent to them with the word "pursue!" written on it. plus printouts of signage, old letters, a signed 'contract' from the landowner, and photos.
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Understood - thanks. Defence submitted. Just to add I selected NOT to pursue a counterclaim.
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Thanks - actually point 5 i don't think is specific to me unless i could find it somewhere in one of their letters that they were charging me for debt collection. Should I just take this out or refer to any of the below? Amount Claimed: £160.00 court fees: £35.00 legal rep fees £50.00 Total Amount: £245.00
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Hi, I aim to file my defence with MCOL this weekend or latest Monday (deadline Tuesday 22nd). I have found a couple of std defence from other threads, should I just tailor either of these in line with my particulars? Point 6 in the bottom one looks relevant to me as i was first 'invoiced' in 2017. I have not had a response back from solicitors from my CPR 31:14 request but as advised, am not waiting. Is it literally just a case of tweaking some wording and submitting? thanks. 1. The Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 4. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 5. 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. 1. It is admitted that the Defendant is the recorded keeper of xxxxxxx. 2. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has the authority to bring this claim. The proper claimant is the landowner 3. It is denied that the Defendant breached any terms and conditions set on private land. 4. It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract. 5. The Claimant's alleged recovery costs include an additional £60 for “debt collection charge”. The aforementioned sum represents an attempt at double recovery, which may be considered an abuse of process, and the Defendant invites the Court to strike out the claim ab initio for that reason. 6. The Claimant's invoice was issued in early April 2018 and it is unreasonable for the Claimant to delay litigation for nearly four years and to claim 8% interest for that whole period. 7. 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.
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Thanks. I filed AOS with MCOL on 7th Feb. I posted CPR 31.14 letter on Feb 8th. (No response yet) I believe my deadline is Feb 22nd for filing a defence. regards.
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POC updated. I have completed the Q's and attached the claim form in PDF. Hope this is correct. Which Court have you received the claim from? MCOL, St. Katherines house, Northampton NN1 2LH If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS): Stopping Claim County Court Claim Form 2022.pdf102.02 kB · 3 downloads Name of the Claimant : Vehicle Control Services Ltd Sheffield S9 1XU Claimants Solicitors: ELMS Legal Ltd. Sleaford NG34 7TQ Date of issue – 21 Jan 2022 Date for AOS - Submitted online 07 Feb 2022 Date to submit Defence - 22 Feb 2022 What is the claim for - The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle **** ***, was identified in the Liverpool John Lennon airport on the 05/07/2017 in breach of the advertised terms and conditions; namely stopping in a zone where stopping is prohibited. At all material times the defendant was the registered keeper and/or driver. 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 herby entering into a contract by conduct. 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. The claimant seeks the recovery of the parking charge notice, contractual costs and interest. **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION What is the value of the claim? Amount Claimed: £160.00 court fees: £35.00 legal rep fees £50.00 Total Amount: £245.00 Thanks.
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Thanks - no first sign of a court claim was the most recent letter from Northampton dated 21st Jan 2022. Between June and now only letters from ELMS legal which I followed advice from threads on CAG and responded with snotty letter to Simon I've been told I should demand/request a face to face rather than online defence? regards, Phil
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Hi Gents, can I ask - how do I file a defence? Exactly the same scenario with John Lennon Airport stopping charge. (previous thread running from 2017/18 but i think is now locked.) Have submitted AOS with MCOL, completing the CPR 31.14 Request today, and my deadline would be 23rd February to file a defence. thanks, Phil
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Hi, I had a thread running previously with yourselves which is now locked due to time expired. https://www.consumeractiongroup.co.uk/forum/showthread.php?t=482432&goto=newpost A no stopping "Fine" from 2017 ay John Lennon Airport. The last correspondence from myself to them (at the time I think it was DVS?) was the letter you advised me to send below. You did advise that at times there can still be a 2 year gap, and I have now had a letter (dated June 10th, giving me 14 days) for the same charge from "dcbl" - notice of debt recovery. I would be very grateful if you could pick up and advise if i should respond, ignore or even pay... thanks, Phil Dear sirs, Unfortunately for you I wasn’t born yesterday so I wont be paying the demand to your client as both you and they know what I know and that there is no liability in this matter because the land is covered by its own bylaws, the signage is prohibitive and not an offer of a contract so none has been breached, and anyway the POFA limits any charge to the specified sum so your demand for £160 is just a nonsense. As VCS has been spanked at court on this very same thing several times before I suggest that you tell you client to discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey civil procedure as well. I know that may well be a first for you but call it your New Year's resolution. Should they decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and the seek damages for breach of the DPA as per VCS vs Philip, Liverpool CC December 2016. Even Will and John, the parking worlds worst solicitors seem to have got fed up with Simple Simon's stupidity and greed and presumably that is why you are wasting your ink on his behalf. Regards,
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Great Thanks. One question before I type up - is there a risk that receiving 2 or more identical letters from different people makes it less credible and so would you reword anything? cheers
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Hi, my letter to them was the 2 liner with no further details contained. Dear VCS, I reply to your letter sent on ..... there has been no breach of any contractual condition therefore 1 owe you nothing. In the letter of claim, the've sent me a reply form giving me 30 days to respond or it 'could' result in court proceedings, but they state they've been instructed to do so. The reply letter is 'tick the box': box a: I agree I owe the debt box b: I owe some of the debt but not all box c: I don't know if I owe the debt box d: I dispute the debt box e: I will pay what I owe now box f: I will pay but need time box g: I intend to get debt advice box h: I have provided documents box i: I need more documents or info obviously there is then space to add further detail. I can write my own letter or use theirs to reply? thanks
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Hi, thanks for your correspondence on this thread. I have since received 3 letters from BW Legal: A response to my letter stating that by entering the site, I have accepted the 'terms & conditions' operated by 'Our Client' which were clearly visible and by stopping on the roadway I have breached the terms. A "Final Notice" dated 14th November giving me 17 days to pay before county court proceedings commence against me. A "Letter of Claim" dated 13 December sating the BW Legal have been instructed by VCS to commence legal action in the form of issuing a claim against me in the county court. (Estimated total cost would be £238.42 with court fees, interest and solicitors costs.) I have not responded to these but I expect my next letter to be from the court, in which case I won't be able to ignore? thanks.
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Many Thanks. So it's a 2 liner sent to BW Legal, something along the lines of: "Dear VCS, I reply to your letter sent on ..... there has been no breach of any contractual condition therefore we owe you nothing." Then ignore any more correspondence from them UNTIL (or unless) I get a claim letter from the court... regards, Phil
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