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Flamjam

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  1. 1. It is admitted that Defendant is the recorded keeper of xxxxxxx 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. do I need to be more specific about the PoC or leave that for WS?
  2. Defence : 1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time. 2. No contract was ever offered by VCS, land is subject to own byelaws and signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract. is that enough?
  3. Thanks, I’ll have a read through them, I have until 3rd December to file my defence.
  4. Hi again, quick update, today I have received an evidence pack in the post from ELMS LEGAL
  5. Hi again, with the CPR31:14 request, for my case would it just be 3 things I’m requesting? 1. Contract between vcs and landowner 2. proof of planning permission for signage 3. Copies of NTD/NTK & other correspondence thanks
  6. Name of the Claimant :VCS Claimants Solicitors: ELMS LEGAL Date of issue – 3rd Nov 2021 Date for AOS - 22 Nov 2021 Date to submit Defence - 3 December 2021 What is the claim for – 1.breach of contract for breaching the terms and conditions set on private land. 2.Defendants vehicle was identified in Liverpool John Lennon Airport on 16/03/2018 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited . 3.At all material times the defendant was the registered keeper and/or the driver. The terms and conditions upon entering private lane 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. 4.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. 5.The claimant seeks the recovery of the parking charge notice , contractual costs and interest What is the value of the claim? Amount Claimed £160 court fees £35 legal rep fees £50 Total Amount £245
  7. Hi again, I’ve received a claim form today from the court. Do I acknowledge it straight away or wait the 14days? It’s dated 3/11 and is claiming for £160 plus £35 court fee and £50 legal fees thanks
  8. Thanks, I’ll get on it as soon as I can tomorrow. Appreciate the advice and the snotty letter template.
  9. Hi sorry for lack of replies/updates. I’ve been on holiday since 5/10 and only due back home tomorrow 26/10. I didn’t send the snotty letter before I went on holiday, I’m guessing it’s too late to do when I get back? If so what are my options now? apologies once again for not following advice given
  10. 1 Date of the infringement 16/03/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Unsure awaiting SAR [scan up BOTH SIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post 3 Date received Unknown 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Unsure 5 Is there any photographic evidence of the event? Yes, it was a spy car I believe 6 Have you appealed? [Y/N?] post up your appeal] no Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? VCS 8. Where exactly [carpark name and town] LIVERPOOL JLA For either option, does it say which appeals body they operate under. Unsure Answered best I could without having any documents to hand
  11. Thanks for your quick reply. I’ll get this done as soon as I receive all the info from my SAR request as I have discarded everything
  12. Hi all, I received this letter after ignoring all previous letters. Firstly they wanted payment before the date on the letter itself. I have requested SAR from VCS and I’m in process of emailing ELMS to deny the debt. what else do I need to do please, I’ve read a few posts that mention bylaws ? But I’m not sure which bylaws apply Any advice would be appreciated. thanks 10,01,2021-11:15:34:am.pdf
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