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Legggy

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About Legggy

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  1. Really sorry but this is over my head... What does it mean in layman's terms with reference to agreeing to observe the BPA when swapping to IPC?
  2. I have managed to get their claim number. In my WS (along with the defence submitted online) do I not simply state as in the case with claim number X the case was dismissed on the grounds of 2 hours free parking hence the same should be applied to my case?
  3. Hi dx100uk, was able to follow the advice on the case above hence kept quiet since September along with some difficult personal circs to deal with. Please find attached a better scan of pages24+5 but the originals they sent aren't great. Thanks VCS Contract.pdf
  4. Apologies Mrs O'Frog I must have not hit submit reply previously as the DVLA avenue proved unsuccessful with another case hence not followed through. Was hoping this would go away as I did have a settlement letter for £125 but have now received their Bundle (attached). Please Help and advise of what I should have ready to challenge them at court and by when as hearing date of 20/02/20? VCS_Bundle_Redacted.compressed_72dpi.pdf
  5. Was just going with this advice and trying to get clarity for the N180. I'm more than happy to not get the other half involved.
  6. Thanks DX re counterclaim. Just to clarify regarding witness should I just put one on the N180 and at court just take a witness statement from partner?
  7. Hi brassnecked and lookingforinfo, I have answered your good points above in posts #4 and #6 above respectively not having any joy on those avenues unfortunately. Could you please advise me on my questions in #15 with regards to witnesses on the N180 please?
  8. Defence submitted 1. It is admitted that Defendant is the recorded keeper of the vehicle in question. 2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a. The car park signs are owned by Excel parking. Under CPR 31.14 I have requested evidence of the claimants 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. 3. 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. The Claimant was not contracted 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. 4. 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. N180 will be submitted in the next few days as due 27th
  9. Hi, I defended on MCOL (see below) and will send the N180 over the weekend as due 27th. Regarding witnesses my partner is due in the next week and would not want to drag mother and newborn to court as witness as there would be no babysitter (would baby be allowed at hearing?) so Question. should I still put 2 in the witness and what time should I say they are not available for? or would a statement from her be ok and for that would I have to tick the expert box on the N180 and put no. of witness to 1? Also with the submission of defence I said no to counterclaim. Can a counter claim be made after? Please advise Thanks [1. It is denied that the Defendant parked continuously between the times mentioned in the Particulars. Hence the alleged contravention of being parked for longer than the maximum period permitted did not occur as the car was used to drop people off and then later used to pick people up so the vehicle was not parked continuously as alleged. The Claimant is put to strict proof. 2. The Claimant has failed to show, upon request under CPR 31.14, any authority or agency to enter into contracts with the public by way of an assignment from the proprietor to do the same and to make civil claims in their own name. 3. The Defendant contends that the Claimant has no authority or agency to do such therefore there can be no claim. 4. The Claimant has failed to show, upon request under CPR 31.14, any evidence of planning permission for installation of cameras and signage under the Town and Country Planning Act 2007.]
  10. Ok will crack on with the CPR, Thanks. Unfortunately I have 2 cases with them one for St Marys Gate and one for a different car at BErkeley centre. Should I send both CPRs in one envelope or keep it separate?
  11. Hi, Should I amend the the standard CPR 31.14 request by requesting actual camera footage proving I was parked there the whole time or just send the standard template? and is the Case no. on the CPR the Claim no. used on MCOL or is it the VCS reference no?
  12. Hi and many thanks for the advice. Apologies for the delay in getting back but we had a few bereavements... I have done the AOS on MCOL today. The Claim form was received on 07/8/19 issue date 06/08/19. (Details further below). I came home and rested after dropping off my wife and 3 children as I don't like shopping so no witnesses of me being at home. I checked my bank statements and had nothing for this day so no receipts either unfortunately for any pit stops anywhere. My eldest child is now 13 so as far as witnesses go would it just be my wife as my children are too young? But then I wouldn't want them to have to go to court unless absolutely necessary as we don't need anymore stress. Plus they would be travelling with me so any expenses for travel would not be separate to mine? "You should demand to see all of their data for those times and not just a log of the ANPR but the actual camera footage when it comes to it" How? Should I add this to the CPR 31.14 request template? Judge lottery doesn't sound promising as I am willing to challenge the simple fact that it was a drop off and pickup so unless VCS can't prove I was there the whole time how can I be asked to pay by a judge? Please advise if should amend the CPR 31.14 request by requesting actual camera footage proving I was parked there the whole time and once I have submitted that I don't know what other defence I could use when it gets to submitting my defence by the 33rd day of 07/09/19 according to my calculations? Again ever grateful for your advise and support going forward. Name of the Claimant: Simon-Renshaw Smith Vehicle Control Services Limited 2 Europa Court Sheffield Business Park Sheffield S9 1XE Claimants Solicitors: Can't see this anywhere on claim form Date of issue 06/08/2019 Date of issue 06/08/2019 + 19 days ( 5 day for service + 14 days to acknowledge) = 24/08/2019 + 14 days to submit defence = 07/09/2019 (33 days in total) What is the claim for The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle, ****** [my registration], was identified in the St Mary's Gate Retail Park on the 05/01/2019 in breach of the advertised terms and conditions; namely parked for longer than maximum period permitted. 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 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. What is the value of the claim? £185 = £160 (Amount Claimed) £25 (Court fee) Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim? PPC VCS has issued the claim Were you aware the account had been assigned, did you receive a Notice of Assignment? Sorry, not sure what this means.
  13. In the wording of my appeal above I didn't think I gave myself away as the driver? Regarding POFA I thought their request was over 14 days hence out of time? I checked location history in Google maps timeline (don't have an iPhone) and for the date in question it only starts at 1813 but the Entry and alleged exit was 1415 and 1621 respectively.
  14. They have sent all the paperwork ie ntk up to lbc with an incorrect spelling of my name. Looks like the person I bought the car off spelled incorrectly hence dvla have an incorrect spelling but I never clicked on beforehand. Firstly I will need to find the log book and contact dvla of the correct spelling. What does this mean for me as far as VCS are concerned? Should I still send the snotty letter?
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