
Hobnail
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Everything posted by Hobnail
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Had two lettes recently. See attached. Looks like court (date set for May) and seeing as my missus will not go to court would I best be advised to negotiate a lower amount? A counter reduced settlement charge (see VCS letter) or at least wait until after the 13th April to see if VCS pay the court fee? Cheers N157+VCS begging letter.pdf
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My other half received the following letter today in the post. Thought at first they had not received her Small Claims Track questionaire that we sent back on the 9th of December 2021. But it looks like a copy of a letter sent to VCS ltd. It would seem they have not returned their N180 form, as it says the Order is to The Claimant. I recon it could be good news but thought I would clarify? IMG_20220112_0001.pdf
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Ok so after I updated and showed my missus, DX's recent replies "she will have a very difficult time understanding and explaining everything infront of and to a judge" and "but if it doesn't sink in...i dread to think of her chances...." My other half has crumbled and will not go to court. Would have been difficult to get her to go anyway and we hoped it would not get this far. Nothing I can do to persuade her now. So does anyone else think it worthwhile to contact VCS (direct or through mediate on the N180 form) to negotiate the figure down from £185 to say the original £100. Or are we on our own now?
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Jesus I was told to always ask before sending any letters . So this is what I did. So you give me a crappy attitute for no reason. I have been grateful for all the info & help I have received and I HAVE read lots of threads but sometimes they contradict, or are unclear. Hense why I asked for help. You yourself have sometimes given me vague answers so I have had to ask for clarity on more than one ocassion. If you don't wish to help ignore my post and let someone else answer. Other help has always been much clearer anyway. You have a bad attitute to be working for a help service.
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Okay so last week we received the N180 from from the C.Court. Proposed allocation to the small claims tracks. Reading the other threads I can see I respond with the following. Mediation - NO Small claims Track - YES Hearing venue - leave blank as they will sent me to my local c.court? Expert evidence - NO Witnesses - ONE Hearing - NO If these are correct my other half should sign and send back to northampton?
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I don't do a counter claim do i? What about any aditional details on the MCOL form. They have partners name, addres and d.o.b only. cheers So here is the latest letter from Elms responding to my CPR 31.14 request. They also sent me 3 photos of my partners car stopped at the airport and 5 or 6 of the PCN's from VCS. Plus copies of my snotty letter to them and a copy of VCS's letter to us telling us Elms will be dealing with it. I haven't posted them as the PCN's are already in the thread and the letters are just copies. They cannot send requested documents as they don't exsist. No contract. Cheers elms reply to CPR.pdf
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Ok I'm going to post this on the MCOL website as my Defence Particulars. 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. 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 only contracted 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. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper claimant is the landowner 3. It is denied that the Defendant breached any terms and conditions set on private land. 4. It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract. 5. 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. Is there anything else I should doing? I did receive a letter from ELMS over the weekend regarding my CPR 31.14 request. They only sent me 3 photos of my partners car stopped at the airport and 5 of the PCN's from VCS. So none of the document requested in our last letter. Should I post it up?
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Found this................. 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. 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 only contracted 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. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper claimant is the landowner 3. It is denied that the Defendant breached any terms and conditions set on private land. 4. It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract. 5. 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.
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Came across this............... I would split point 2 so you both keep prohibition but have a catch-all point about anything that stopped a contract being formed. So 1. The Defendant is the recorded OR registered keeper of ***** 2. The signage is prohibitive in nature and not a genuine offer of a contract for consideration. 3. In any case it is denied that the Claimant entered into a contract with the Defendant. 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. Should this form my defence?