cant find anything for the signs, there is this when you search more than basic from 1994 but thats for the blocks HEADFORD MEWS, 3 - ERECTION OF 34 FLATS IN 1 X FOUR STOREY BLOCK AND 3 X THREE STOREY BLOCKS AND PROVISION OF CAR PARKING AND ASSOCIATED LANDCAPING WORKS Ref. No: 94/00521/FUL | Status: Granted Conditionally Im not sure i know what im on about but surely this simon guy has meesed up, no permissions, breach of CoP, wromg ticket sent out

iv received a notice of proposed allocation to the small claims track (N149a) and with it a " directions questionnaire" N180 asking me to complete it. and return by post, nothing about witness statements or my defence etc

Cant find any record of planning permission for the signs , just the properties. They did have a site map. Looked again at paperwork, shall i just complete it and say move it to lincoln? redacted boundary.pdf here is the contract they have with fairways Vcs contract headford-page-001.pdf

Thanks how do I do that. The uploads from much earlier show the contract and signage places with the managing agent.

here is everything i got from SAR from VCS jpg2pdf.pdf HI Im not sure what you mean by VCS disclosure incomplete, but yes nothing from EXCEL I sent this i=to excel but they havent replied to it vcs letter bfore claim.pdf

Happily sue them. Yesterday I receive a letter stating that they are progressing to a small claims at Northampton. I've not got time to go there. Shall I try mediation?

Thanks..received back from Vcs, same stuff as elms legal but nothing from excel. Just a thought, the signs at headwords mews are not written clearly and are very hard to understand for a lay person, and to add to that it was dark! The photos they took of the sign show it was and hope ridiculously small the legal jargon is.

Thanks. Just wrote to them and reminded them that I contract for the freeholder. Apologised to me aswell! What happens next after filling defence. I will read tonight but i get confused

Defence submitted this morning. What do i do now? When do i do my witness statement? Thanks On a plus note the other parking ticket from UKCPS has been dropped and ive been given an apology. !

Thank you, i do worry about logging in so will check on monday and remove the other info i have in the defence

But they added £60 on top of the £100 before court costs Thanks though, how do i file a defence , do i do it by hand?

Shall i send this? How do i send? 1. The Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant entered into a contract with the Claimant. The original PCN came from EXCEL Parking Services and not VCS, therefore VCS has no right to bring this claim 3. 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 simply contracted by the management company and not 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 car park is owned by and the terms of entry set by the landowner / freeholder. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. The defendant was there under “supremacy of contract” to provide a service to the property in which the parking space is allocated to. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. 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. 7. The original PCN came from EXCEL Parking Services and not VCS, therefore VCS has no right to bring this claim as there was no right to appeal.

No, all ive done is acknowledge online and thought i had until 24th to submit a defence, which i was going to do today but i cant log in. Do i do it by hand and fill in paperwork and send ? Im confused, witness statement?

So do I just challenge each point like this….. ( my answers and statements in red) 1. The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant’s vehicle (reg no) was identified in the Headford Mews on 22/12/2020 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. – I had not entered a contract with VCS, Nor EXCEL Parking. I was merely parking in the allocated space for the property I was working at with the permission of the tenant and letting agent who acts on behalf of the landlord. 2. 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 - There is no contract because the terms were not made clear to me or were incomplete. 3. 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. – Original PCN came from Excel not VCS and I have no way of appealing. The letter I received contained insufficient detail of the claim. They sent me a vague and un-evidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Their letter lacked specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. The letter came from VCS not Excel 4. The sum claimed is a NOT genuine pre-estimate of loss. I did not receive a penalty charge notice I received a speculative invoice. 5. The leaseholder/ landlord client who owns or rents the parking space has 'supremecy of contract' over the agreement the VCS and Excel have with the landowner and I parked there under my client's instruction. 6. Wording of signage and charge notice makes it clear that the charge is a penalty disguised as a contractual agreement. For this to be a genuine contract in the terms stated by the PPC. There is no offer for motorists to park at the tariff of £100 or even £60 per day, merely the statement that a breach of the terms will result in the motorist 'agreeing' to pay a charge. In making a charge conditional on NOT doing something this makes the charge punitive and clearly designed to dissuade and any charge must therefore be reasonable and represent either the actual loss or a genuine pre-estimate of loss to the landowner or PPC. Since the car park is essentially free for residents no loss was incurred. The PPC has indicated that they are not required to prove loss as this is a free service to the landowner and the charge was agreed with the landowner in order to cover business overheads. If £100 was to be a GPEOL then in offering a discount to £60 for prompt payment the PPC would be running at a loss of £40 per ticket. The charge is therefore disproportionate, designed to penalise a breach and is unenforceable. 5.The claimant seeks the recovery of the parking charge notice, contractual costs and interest. The sign is for £100 consideration, not £245.

Thanks

onepageallletters-page-001-converted.pdf here is another, i see that they have a contract between themselves and fairwaysuk, not that that means anything to me, but i understand Fairwaysuk.com is a block management company not the freeholder redacted boundary.pdf Help...... i cant log into MOL to do defence, it says claim no / password not correct and it is What do i do?

sorry, didnt realise

HI, just an update Received everything back from ELMS Legal after sending CPR. It includes the first letter advising i have been photographed parking, but this letter is from VCS and not Excel as i stated in my first post. I guess, since i threw it away i have no evidence now to prove they messed up. Im getting a bit worried as i still haven't done my defence. I have looked at the above posts you have signposted me to but cant find what i am looking for " the generic defence answers", and after researching coming up with so many things that i am panicking How do i actually reply to the case and when can i have my actual say, its getting too stressful and i fear a payment is just the easy option now. Ive had another ticket too now from another company despite being on a list of allowed contractors for parking somewhere else. Its beyond belief. Do i just log back in to MOL and then put why i think i shouldn't have to pay? Please help |Thanks still looking for this, it comes up as thread locked put up your version of our std 3-5 line generic catch all defence

Thanks Looking for this......" find and put up your version of our std 3-5 line generic catch all defence," i think my defence is that i was working there and parked in the bay for the actual property i was working in And they sent me a PCN from Excel, but stupidly i cant now prove that as i threw it away Could i challenge the fact that the person who ticketed me was working during lockdown in a non essential role? long shot i know

Thanks, slowly building the case All SAR requests were signed fo by 25th MAy but have heard nothing back from EXCEL and VCS

What do I put in the defence?

This Simon man sounds a complete...... So I keep my defence short, and to the point. Do in just send CPR request to solicitors. Do I chase the SARS? thanks

I have gone on to MOL today and completed the AOS form and ticked i intend to efend all of the claim. privacy notice privacy Notice.pdf

Photo i took myself of the sign at hedford mews

Name of the Claimant ? Vehicle Control Services Date of issue – 24th May 2021 Date to acknowledge = 11/06/21 Date to submit defence 25/06/21 What is the claim for – 1.The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendants vehicle (reg no) was identified in the Headford Mews on 22/12/2020 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. 2.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 he outstanding liability. 5.The claimant seeks the recovery of the parking charge notice, contractual costs and interest. What is the total value of the claim? £245 Amount claimed £160 Court Fee £35 Legal costs £50 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? The letter I received contained insufficient detail of the claim. They sent me a vague and un-evidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Their letter lacked specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. The letter came from VCS not Excel Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/a Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Originally came from Excel Parking Were you aware the account had been assigned – did you receive a Notice of Assignment? No Sent SARs 10 days ago parkingsignpdf.pdf I have registered on MCOL, do i fill anything out yet? So just to update you I have registered on MCOL, but not completed anything else Sent 3 x SAR's 10 days ago and got proof to ELMS LEGAL, VCS, EXCEL - No replies forthcoming Will post CPR on Tuesday registered delivery Completed forum sticky Thank you everyone so far