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nightnajjers

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nightnajjers last won the day on March 1 2017

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  1. Why should you have to fill out a disclaimer? you don"t have to fill out a disclaimer to say you don"t have any other kind of licence.
  2. Costs at the end of the witness statements makes sense , thank you. In the event that they withdraw a claim it would seem fair that one could claim some form of compensation against them for wasting a defendants time and causing a stressful situation. I don't think East midlands Airports own the land. The company number given on the supposed contract/ agreement for Southend Airport Company Limited shows as East Midland International Airport Limited. To my mind that invalidates the contract/agreement as going by the company numbers given it is a contract/agreement between E. Midlands Airport and Southend Airport The person signing for Southend Airport has signed as a Finance Director? Is that a company Director?
  3. Hello Yes Defence filed before the deadline. I understand this is how they work. Get Elms to apply another frightener and when that does not work VCS takes it back to save further costs. A counter claim was not made, but should they continue with the case and withdraw or lose, I see no problem with having sent them a bill for the time taken for dealing with the matter so far. Taken what is known about similar Cases their action appears to be fraudulent, predatory, without foundation, illegal, against their own governing bodies guidelines, POFA and harassment. They sent what they know or should know a without foundation invoice/PCN, accordingly a future with substance claim can be made against them them for actual work done/compensation on Defending what appears to be a spurious Claim, If they withdraw the Claim or lose, then another claim for those expenses can be brought against them for the costs involved in Defending the Claim. There is also the matter of the "unreasonable costs order under CPR 27.14(2)(g) which was put to them in the opening Snotty letter (not really sure how that works). Of course none of that would be applicable If they continue with successful Claim.
  4. Hello. An update and the latest in the fiasco. Received a "Notice of change of legal representative" . Says Elms "has ceased to act for me and I shall now be acting in person, Signed by the Litigation Manager. Maybe Elms got fed up with my requests! VCS is very graciously offering me a reduced settlement charge of £185.00. What a nerve! No mention of further Court costs or enhanced solicitors fees! Also they "intend to bring this letter to the Court's attention upon the question of costs". If they don't I certainly will. I am going give them a counter offer and send them a bill for the time I spent on dealing with this and I will bring that to the Court"s attention in the Next Court Claim. nn
  5. Hello Snap I got the same with a different Airport.. Here is where I started. There are plenty of posts in the same vein, so you need to do a bit of study It is not a fine
  6. Hello. The contravention code "104 no stopping/to pick up /drop off in a restricted zone" does not feature in the list of contravention codes in the Service agreement/Contract. Another interesting feature is that on the contract on the first two pages and by the word COPY, is and hand written note saying "authenticated" with a signature, but nothing to say who or in what capacity they signed it. I will hang on to it until WS stage. Thank you
  7. Hello. I have been doing my research for the future. I have been looking at the service agreement/contract between VCS LTD and Southend Airport which was sent as a result of the CPR. I checked the companies named on the agreement (VCS and Southend Airport) with companies house on the government site . The Company number given for VCS Ltd on the agreement comes up as London Southend Airport Company Limited. And the company number given for Southend Airport Company Limited shows as belonging to East Midland International Airport Limited. Also at the top of each page it has "Contract no:/draftVCS-CCTV/AC/AS" Am I missing something here?
  8. Hello Thank you That has cleared things a little for me. The witness statements were a bit confusing as the claim form does not mention Witness Statements. I have probably read every Airport post, and I kept seeing WS'S and could not workout when that happened, Got it now.
  9. Hello. I could do with some more help please. I sent the CPR request and received the response which contained the agreement between Southend Airport and VCS which was signed by S. Simon and one Finance Director. Is there a case to refer to regarding the Contract requiring two signatures to be viable? I Found this under the companies Act. 2)A document is validly executed by a company if it is signed on behalf of the company— (a)by two authorised signatories, or (not clear to me if that is two from each company) (b) by a director of the company in the presence of a witness who attests the signature. (Not witnessed on the agreement). Do Elms or VCS have to provide me with further paperwork for me to counter? Or is the Particulars of claim on the Court Papers and the reply to the CPR request the extent of their evidence? They did not provide any Planning Permission documents and stated that they do not hold any other documents in this case and anything further should be requested from VCS. Seemed a bit odd to me as they are under instruction from VCS. The NTK continues to say that that “the Period of parking to which this notice relates is the period immediately preceding the time of event stated in this notice” but the PCN is for Stopping, is that of importance? Is there anything more substantial than the VCS signage is prohibitive and therefore not contractual. Or is that enough? thank you
  10. Ok Great thank you, I will get on and do that today. I read in one post that simon had chucked Elms so I was surprised to see their name. I have not been near South end Airport lately. Hopefully I have to go that way next Sunday, so I will get some updated signage photos (and risk another PCN by stopping to read).
  11. Hello. Well He has the Gonads. Court claim arrived from County Court Business Center With VCS being the Claimant and Elms Legal for sending Documents to. The claim form was dated 2nd Sept Particulars of Claim: "The claim is for a breach of contract for breaching the terms and conditions set out on private land. The Defendants vehicle ABC 123 was identified in the Southend Airport on 00/00/20 in breach of the advertised terms and conditions: namely stopping to pickup/drop off in a restricted zone . 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 n 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. 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 " Amount claimed £160. Court Fee £35.00 Legal representative's cost £50 Total amount £245 As I understand the way forward and initial steps are to : Go to MCOL website and note the long gateway number, register as an individual. log in.select respond to a claim and select the AOS box . then using the details required from the claim form. Defend all Leave jurisdiction unchecked, click through to the end and exit. Then send a CPR 31.14 to elms using the template on CAG Hope that is still the correct procedure . Thank you
  12. Another update. A "NOTIFICATION OF INSTRUCTION " From ELMS Legal arrived in the post. Threatening yet ANOTHER court action. It says all the usual things one might expect and .. " We have been instructed to recover the sum of £160 in respect of works done to recover an outstanding Parking Charge Notice (PCN) issued to the vehicle bearing the registration mark of for breaching the Terms and Conditions situated at Southend Airport " (Reg. mark not omitted ) I have plenty to say in a reply, but should I bother and if I do, Is there anything I should not say? This is starting to become annoying wasting time over this. TNX NN
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