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Everything posted by FLASH83

  1. Yes it is. I think I need to look into the contract point a little more as I think there was an updating of contracts in Sept 18 whereas my charge was subsequent in Nov 18, so unfortunately I wouldn't be bound by the old one anniebattlemums is referencing. That said (I need to double check this) I think the new contract references the company as Excel and not VCS, therefore VCS have no right to issue a CCJ against me. Once I get hold of this contract then I will confirm.
  2. Thank you Bankfodder - I'll get on it at the weekend and hold you to that offer of looking at a draft (be kind). I've made a note to look at the Shamrocker thread in detail.
  3. Thank you very much for all the suggested advice ericsbrother. I think I am worrying too much that a judge may look at the address issue as my fault albeit I have found out from the SAR that they only tried to search for my address once a few days after the proposed contravention. I have the photos already of signage. Clear as mud really - the one on the entrance states 'Excel Parking Services control and manage this car park' with no mention of VCS. Then another one within the car park has Excel Parking in big letters on it, however small print states 'Entering a contract with VCS'. But I'll continue to get further evidence as you suggest, and then start to draft up a witness statement and once submitted inform them after as you suggest. Yes hindsight is wonderful as you state and would strongly recommend people don't make the same mistakes. Unfortunately lots of family issues including my late fathers health took my focus - not an excuse but certainly a way of learning.
  4. Thank you Brassnecked, I'll liaise with the NBC to see what the POC was - I hadn't thought of this.
  5. Thank you FTMDave - had to do plenty of research just to get my head around all of this! and how the likes of Simple Simon can try to get away with this! Yes exactly my thinking in terms of paying off the CCJ - it doesn't benefit me now and only him! That's great advice - thank you, I will keep tabs on what happens there and use that for a later steer! What I will do is write to my MP in the mean time, and will also write to the landlord too complaining about this. Thanks again.
  6. The letters were issued on the 3/4/19 and the payment date was by the 29/4/19 (apologies I missed this out).
  7. Thank you for the response dx100uk, much appreciated. Understand the fault is with myself however surely I should have the right to defend against this invoice. I felt an argument to state that they didn't try very hard to ensure my address details were correct, considering if they contacted the DVLA they will have both my licence and V5 at different addresses. I have SAR the DVLA to see what information and when it was requested on this point. I also believe that paying it now doesn't make it go away and therefore has no impact on my credit rating, and therefore will make it difficult for me to obtain credit for 6 years. Thanks again for the advice
  8. Morning, I was hoping to obtain to advice on a CCJ I have only been recently made aware of. - The CCJ was issued in 04/2019, in which I only found out about this via a Debt Recovery Letter. - It's in relation to a NTK from 11/2018, issued by VCS at Berkeley Centre in Sheffield. The fee was £60 raising to £100 if not paid within 14 days. - The NTK was issued 12 days after the date of the alleged offence. - To obtain the above information I had to SAR VCS as the NTK was sent to a previous address (my error and will explain below). - Apart from the above I have had not liaised with VCS regarding this. - It is for a 73 minute stay. It is an hour for free and then £1 after this hour (which you have to pay upfront which I find bizarre and a way of profiteering). I know there are quite a few really good threads regarding VCS and Berkeley in which I will look to use information to pull together a defence. I am aware I need to write a WS in addition to this, and a NE244 form to apply to have this set aside. I have a few concerns around this though. As mentioned I made an error where I didn't register my car to the correct address hence never seeing the NTKs. I updated my Driving Licence with my parents address in July 2018 as I had split up with a long term partner and was moving address quite frequently so felt this was stable enough to alter my driving licence to. Mistakenly I thought this would automatically update my vehicles to this (my parents) address however it didn't so my car was registered to a house I sold in Oct 2017. Unfortunately my father became terminally ill and due to this I took my eye off the ball with this and then found out I needed to update my V5Logbook so did this and sent it out to the DVLA on 1/4/19. DVLA updated this on the 5/4/19. CCJ papers were sent on the 3/4/19. Obviously quite unfortunate because if the Courts issued the papers a week later then they most likely would have had the right address. I am really concerned that a judge when assessing the N244 may say I am at fault re the wrong address and reject my application for setting the CCJ aside - not sure what others think? It also concerns me that I have registered licence and my car to my parents and not my address however as stated this was stable. I did think that I could write to VCS and state I am appealing the CCJ with or without there consent to see if they will consent this (unlikely I am sure)? In terms of the defence I was thinking along the lines of; - not the driver - not entered in to a contract - signs unclear as it says excel however VCS pursue - Grace periods - the driver was 12 minutes after the 60 minute free period - not applied for appropriate planning permissions for signage with local council - old contract states its free for 2 hours not 1 hour. Obviously pulled quite a lot of the above from some other threads. Is there anything obvious people think I am missing? Would I include all/everything in my defence statement for the N244? I am also going to write to MP (not sure if its worth) to hopefully get some additional support. Thank you in advance.
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