VCS/ELMS PCN PAPLOC now Claimform - residential - Headford Mews, Sheffield, S3 7XL

[brassnecked]

There are several cases where supremacy of contract scuppered a PPC

[brassnecked]

Supremacy of contract is where the parking arrangements are in the lease agreement and trump anything a PPC might do if the space is allocated to a property, and the owner or their relative or a contractor such as yourself parks in it.  We can explain that further down the road if its needed.

[brassnecked]

Right if you clarify and do as FTM and DX ask regarding upload So Excel issued the Invoice and VCS are instructing Elms to chase, so VCS are going to sue not Excel when push comes to shove.  Issue of capacity to take action, Simon has shot himself in the foot potentially as mentioned by FTM.

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Make sure the signage is definitely one or the other keep any pictures safe with time date taken, as they do change stuff and then submit the new signage as being in place at time.

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They are both ownd by same fella.who oses them interchangeably suing for Excel as VCS and vice versa.

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So the usual VCS/EXCEL trope Simple uses.

[brassnecked]

The Excel VCS mashup will likely pay you dividends later used correctly against Simple.  He has been caught out before with this one.

 

Parking Prankster: VCS spend over £1,000 chasing bogus £100 parking charge at Albert Street, Birmingham

PARKING-PRANKSTER.BLOGSPOT.COM

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VCS v Ms O C8DP9D8C Birmingham 1/8/2017 Ms O parked her car in  Albert Street, Birmingham in 2014, entered her registration and paid the c...

 

[brassnecked]

Probably never was one, as in disappearing one.

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If the signage is not easily readable, there are good grounds to challenge there, also.

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His CTRL C, CTRL V Witness Statement will be a gem to dissect.

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That puts the solicitor's fee into question, so Simon is cruising for a bruising.

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Its by attending you kill their pig for them, an" On The Paper's"  allows the fleecer to introduce downright lies that you can't challenge as you are not present to challenge them.

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No I'd wait for Simon's, otherwise he will dissect yours and construct misleading and often plain wrong stuff to rebut it.

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It will definitely be full of waffle that can be dissected and challenged

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They have used a CTRL C CTRL V WS  plenty to kill their pig with.

[brassnecked]

On the residential Point, there is caselaw to support the contention that a guest can be given the parking right by the resident raed these links, and keep for later if required

 

Parking Prankster: UKPC lose residential case. Tenant can derogate parking rights to visitors.

PARKING-PRANKSTER.BLOGSPOT.COM

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C8HW2E9Q – UKPC v Miss C, Reading 12/07/2017 before District Judge Harrison Claimant represented by Andrew Gibbs-Ripley, solicitor instruc...

Parking Prankster: UKPC lose residential case. Will victim get costs before UKPC are wound up?

PARKING-PRANKSTER.BLOGSPOT.COM

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C8HW3P0T – UKPC v Miss B, before District Judge Jones. 12/05/2017 UKPC were represented by Mr Elfer (not a practicing solicitor or a regul...

 

 

Incidentally team, with regard to Residential Parking I phoned VCS regarding Courier deliveries to apartment blocks they infest, they assured me that a van with DPD, Yodel etc would be invoiced if it had no permit and drivers should apply for a permit to allow therm to deliver difficulty would be car couriers for Hermes and Yodel . Call was recorded.  They also said by inference the postman's red post office van would also be invoiced but that the driver should appeal.......  Obviously y they would fall down in Court with Homeguard V Jopson, but Simon is greedy enough to try.

[brassnecked]

In that case might be the same argument as if a Taxi Driver was invoiced for picking up a customer without a permit as was said in Homeguard v Jopson, there is a presumption that people would be able to stop to pick up or deliver without actually being parked:  

 

 

from Jopson v Homeguard:

 

"20 Neither party was able to direct the court to any authority on the meaning of
the word “park”. However, the Shorter Oxford Dictionary has the following:
“To leave a vehicle in a carpark or other reserved space” and “To leave in a
suitable place until required.”
The concept of parking, as opposed to
stopping, is that of leaving a car for some duration of time beyond that needed
for getting in or out of it, loading or unloading it, and perhaps coping with
some vicissitude of short duration, such as changing a wheel in the event of a
puncture. Merely to stop a vehicle cannot be to park it; otherwise traffic jams
would consist of lines of parked cars. Delivery vans, whether for post,
newspapers, groceries, or anything else, would not be accommodated on an
interpretation which included vehicles stopping for a few moment for these
purposes. Discussion in this area left the respondent in obvious difficulties,
from which the attractive advocacy of Miss Fenwick was unable to rescue it.
21 Whether a car is parked, or simply stopped, or left for a moment while
unloading, or (to take an example discussed in argument) accompanying a
frail person inside, must be a question of fact or degree. I think in the end this
was agreed. A milkman leaving his float to carry bottles to the flat would not
be “parked”.

 

Nor would a postman delivering letters, a wine merchant
delivering a case of wine, and nor, I am satisfied, a retailer’s van, or indeed
the appellant, unloading an awkward piece of furniture. Any other approach
would leave life in the block of flats close to unworkable, a consideration
8
which those instructing Miss Fenwick seemed reluctant to accept. I am quite
satisfied, and I find as a fact, that while the appellant’s car had been stationary
for more than a minute and without its driver for the same period (whatever
precisely it was), while she carried in her desk, it was not “parked”.
Accordingly, for that reason too, the appellant was not liable to the charge
stipulated in the respondent’s notice."

 

Judgment can be downloaded from here  its the last case at the bottom of the page:

[brassnecked]

Well spotted lookedinfor info, Clearway sign trumps anything VCS might add.

[brassnecked]

Those cases should indicate that the VCS case is absolute pants.

[brassnecked]

Excellent stuff

 

might be worth adding after

"attend a contracted job" in my professional capacity as a ***** It sets the stall out as definitely a work scenario as well, as it would also be right and proper if a taxi driver, parked in that allocated space

in order to pick up the disabled occupant of that property, or a delivery driver delivering to that one as well.

 

Again I woul let the others have a look and see if anything else pops outas helpful.

[brassnecked]

so basically its a we followed the rules we really did Your Honour, M'lud whatever, so reference it to parts of your WS it challenges and the team will advise further, send an email back from your work email stating thsi is not to be used for delivery of legal materials and send it in writing, to that effect.

[brassnecked]

Yes she might well have sunk the VCS ship, or put it on the rocks as it rehashes old stuff introduces nothing new.

[brassnecked]

Just tell them it cannot be used for legal correspondence and block the sender as spam, tell them you have blocked them also. as per DX.  The extra costs letter they sent might come in handy later , as after all you were there with implied consent as  a worker on business at the address of the allocated space which VCS cannot over rule under Supremacy of Contract. .

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Its always best to scan documents and file them in a folder indicatting what they are, and keeping backups on a USB stick.  My OH has a habit of binning stuff that is important, usually device remotes.......

[brassnecked]

Good luck with this you seem to have all the ducks lined up.