Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing. I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company. They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice. We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS! I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may, rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now. Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at. The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS. The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting. The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left. I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email. I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned. The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok. The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win? There was supposed to be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL? What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks

Hi sorry , nothing much to report as it got adjourned. I had meant to come on and update but got overtaken by family in ICU etc so just been struggling a bit. Will try and put up some details of what happened later...

Court letter states to the effect the hearing for claims A and B will be on C. I will contest on basis of no WS and see what the judge says. Thanks

Much appreciated EB Thank you

Hi, I had no WS for this case but it is being bulk processed/heard together with my other case for a separate car park for which all WS are in place. Are they allowed to have this case heard without a separate WS for it?

I have sent in the WS on time and was just following the advice on chucking the kitchen sink so was just asking for advice.

Hi, I know it's late but I found something additional that could assist from one of the other cases. Is it too late to email the courts and VCS as hearing is on Thursday? Could VCS reject saying they don't accept service of documents by email?

I'll try finding stuff on Parking prankster's blogspot before sending it in via email to courts. We have been advised not to use email to VCS or is it ok at this stage to email them or will 1st class post be ok stating that these are just part of an index of paper submissions rather than at WS itself?

Thanks EB, will try writing something up on costs. I did look up and quoted the separate company numbers in my WS (went in today) , hoping (praying) that the previous case being dismissed will be sufficient. I did initially have print outs of companies house for each but due to circs didn't get to add to the WS. If it comes to it then I will take copies to the hearing and pending on judge lottery it may hopefully be ok.

Thanks

I'll try to find and read up. Please advise on the following point as I wrote enclosed but then didn't enclose anything. Will that go against me? -It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed).

Hi, I have sent the WS to VCS after making the advised amendments including an excerpt from the Star regarding dismissed cases within the 2nd paragraph. I ended with a paragraph I found "If Judgment is made in favour of the Claimant, I would respectfully point out that the Protection of Freedoms Act, 2012, does not permit the Claimant to recover a sum greater than the amount originally invoiced from the keeper. He cannot recover additional expenses, so the maximum charge should not exceed £100. " Was that ok and how do I back it at the hearing? I never enclosed any evidence of my own but pointed out the relevant pages in the claimants bundle WS such as the contract on page 24 and Excel photos on pages 28-30. Is that ok without using any evidence of my own as it appeared their own evidence was sufficient to be used against them? As they have raised in their bundle at points 35 and 36 that the defendant has failed to transfer liability to the driver therefore failed to discharge himself of liability. Please help me understand how I use PoFa to my advantage here (please excuse my lack of understanding)? Also how do I go about claiming for time off work to attend as a Lip? If I win do I have to claim expenses from VCS on the day or awarded by court, or is it a separate process?

Thanks ericsbrother. Is there a link to the specific company law that I could use in my WS please incase the judge is unaware of company law and allows them to act on behalf of Excel?

Thanks Gick , will do. How is the rest to use as WS?

Please advise if the following is ok to use? I will say as follows: It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours. The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services. Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party. While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds', & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist. Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist. In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park. There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane). This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case. Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims. Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant. As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007. The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 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. Thanks