BW Legal / VCS Claim Form - residential development Help please

[ericsbrother]

first question- why was the court letter sent to your old addfress? Have you not told them of the CURRENT service address? If you have then get on to the court and COMPLAIN aboutt hen using the wrong address. If you havent told them that your mum's is the wrong address you can very well lose the battle because you havnet bothered to update an address.

 

YOu must also tell BWL the current address for service of documents or they will taek advantage by sending out letters the day before the court heaing and show they were delivered and there will be nothing you can do to argue otherwise.

 

So waht you need now.

 

Youwrite out a statment saying your reasons for denying you owe them money. Start with supremacy of contract, then go on to lack of standing (they havent shown they actually have a contract with the LANDOWNER that assigns the right to enetr into contracts with the residents and to make claims in their own name- these words are important, if they dotn have there rights then they cant sue anyone) lack of planning permission for the signs.

 

The you can go into the detail of their signage and the notices sent out.

Can you post up here a copy of their signs and when you have doenthat you draw a little map to show where the signs are around the development their size, etc Also when were VCS invited to enter into an agreement to "manage" parking.

 

In the longer term you might want to think about getting you own back on them and also on the managing agents who signed them up.

 

You also need to find other cases that are similar to yours as evidence of previous decisions. The parking pranksters blogspot and web site area good place to start. You will need a copy of the POFA and the LEASE of your property.

 

Lastly, stop moaning about your circumstances, eveyone has personal problems and has to make sacrifices to see these things through, neither VCS or the courtsystem take this as mitigation so you ahve to deal with things as they are rather than as you would like them

Edited January 24, 2017 by honeybee13
Paras.

[lauraslw]

Ok, it's easy to tell me to stop moaning about my personal circumstance but I genuinely have nobody to look after my boy. I'm not saying it for a laugh... I have my mum, brother and partner, all who work. So I won't be able to attend a whole day which means I'll just have to send my statement etc and see what happens. I'll have a research in the next few evenings and put something together.

 

Thanks for your help. It may be easy peasy for you all who spend your time on these forums everyday but for somebody who doesn't, it's actually a bit complicated and hard to understand.

 

If I'd have known this is what fighting it entailed from the start I wouldn't have bothered. Anybody reading this thread - honestly just pay the parking ticket in the first place as this is not worth it.

 

Thanks again.

[ericsbrother]

You dont know our circumstances so you dont know what is easy or hard for us,

my words are not a personal criticism but a note to you so you are aware of what the legal system considers and it doesnt take any of your personal travails into account.

 

 

As said, VCS will jump on any weaknesses as they have no foundation to their claim and will thus have to rely on battering you into submission

 

Now, about the other points regarding the address?

If you havent given them a current address

(they will have sent the NTK to the registered address for the keeper of the vehicle)

then they will contiune to send stuff to your mums.

 

 

You need to complain to the court of if they are sending stuff to the wrong addy and the same goes to BWL.

Otherwise you send both the court and BWL a letter telling them of your current address.

 

If I can see the things asked for (signage and lease/tenancy)

I am happy to write you a witness statement

and you will then need to provide copies of the other evidence as part of your bundle.

 

When you win you can be awarded costs that take into account loss of earings.

This depends a lot on the behavious of the parties

but you will need to draw up a list of these costs

(lost earings, travel, other costs) with yur paperwork or you wont get them.

Edited January 24, 2017 by honeybee13
Paras.

[lauraslw]

Thanks again for your help.

 

I did a lot of digging around and found a few other cases on the parking pranster's blog, including his post re. residential parking. My evidence had to be in today by 4pm so I've used a fair few points for my defence.

 

Firstly, I don't think supremacy of contract will stand as our tenancy agreement has nothing in with regards to parking. The inventory agreement which comes along with it does however state our parking space and "You must display your permit". That probably won't go down well but I guess I never signed to say I must display a permit which renews each year?!

 

Another point is failing to show locus standi after ignoring my request under CPR for copies of the contract with landowner and planning permission. They've sent over their evidence bundle and included a witness statement from someone claiming to write ON BEHALF of the landowner which gives them permission to issue contracts etc. It's also signed October 2015 AFTER the alleged contravention date in July 2015.

 

Lastly in their evidence bundle they've sent their evidence photos of my car with a permit in the window but they're all date/time stamped 07/02/2015 18:23 ... Alleged contravention date and time is 03/07/2015 06:30 so surely it'll get thrown out on that basis alone?! No evidence to say I was even parked there when they're saying I was!!

 

Hope I've got my head around this and even if I end up losing in court, I either cough up and pay the £275 now or then, so nothing to lose really!

[ericsbrother]

It is not your tenancy but the head lease that will have the information.

 

Use the improperly dated contract to show they have to contract

so therefore no locus standi.( right to be in court)

Absolutely hammer this point.

 

 

Also, see if you can find out who signed it on behalf of the landowner,

if it was some bod at a managing agents

the parking co must show an unbroken chain of authority from the very top.

 

 

Make this point as they have to prove their case not you disprove it

but another doubt will make them look untrustworthy.

 

home.

It doesnt matter if they had another contract before,

this is THEIR evidence that they have a right and they blew it.

 

also, take pictures of the signs and make the point that the contract,

even if it did exist is for £100 consideration, not £275.

 

 

The extra monies are just added on by the greedy gits BWL because they make deals with the parking co's do do these jobs on the cheap.

 

Show us the pictures of the signage and I bet we can find more flaws.

 

Also,

I bet the particulars of claim are vague as well so you should say that they dont specify why they are claiming

(usually the POC says parking charges-could be anything- rather than money for a breach of contract or due under a contractual condition)so point thsi out as well.

 

 

The sign will tell you whetyher it is a breach of contrac or as a contractual clause. If they get the choice wrong they lose

[dx100uk]

and?

[Gick]

Did you mean to post on a 2 year old post?

[dx100uk]

yes

[brassnecked]

DX is asking what happened did PPC get their dirty cash or did OP win.

[Gick]

A one word post hardly asks that question. Surely as a member of the site team you could PM and urge the OP to up date us?

 

I realize that you are incredibly busy, but being cryptic does not really help.

 

If the OP is no longer interested in the site, this post is unlikely to reactivate them!

[dx100uk]

already have.

[Gick]

So if no response to that, how do you expect a response on the open forum?

[ericsbrother]

because the person will get an automated email saying there is a new update on their subscribed post. Even the one word will nudge them to look at it

[Gick]

But DX has said they have already PM'd them to urge that they return to the forum to update it,

without success.

 

Sometimes the dead horse just needs burying.