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    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s 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.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. 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. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract 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. 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.   Thanks  
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MissPhonic

Test case vedict - what does it mean to me?

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Morning all!

 

Not been on here for a while since my case was stayed by the judge in August, but I'm digging out my paperwork, dusting it off and picking up where I left off - I think?!

 

What does the verdict mean? What do I have to do now or will the court process get moving all by itself again?

 

I would be grateful for any advice in idiot terms please!:p

 

Vicki

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Arses!!

 

Just read the BBC News story and I quote:

"Cases currently on hold in the county courts will stay on hold until the end of May, when the banks will decide whether they are going to appeal against the ruling."

 

Bottom Burps!

 

Vicki

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hi , im same as you got stayed in court in sept /oct , dunno if we have to apply for stay to be lifted or not im trying to find stuff out , just keep reading diff forums i guess some one will post answer soon enough :)

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I so hope that they dont appeal, I guess that will hopefully thrash out a deal behind closed doors where they can agree on say £1.00 per charge and we all get lovely fat cheques sitting on our mats within the next few weeks.

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Looks like it could take up to 12 months or when the case is finally resolved which ever is soonest.

The banks will surely appeal, we will just have to wait and see this looks like going on and on and on

In the mean time they can continue to rip us off


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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

I am loving your optimism Jules. I hope you are right.:D


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well a girl can dream :D

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

 

 

Also the interest will be building in the meantime!!

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I havn't had the time or inclination to plough through the whole of the 119 pages of the judgement and there is no index, so my question is " is there anywhere in this judgement that relates to the Abbey National's historic T&C's and in particular their reference to a "Breach of contract" between the bank and the customer.

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I so hope that they dont appeal, I guess that will hopefully thrash out a deal behind closed doors where they can agree on say £1.00 per charge and we all get lovely fat cheques sitting on our mats within the next few weeks.

 

I feel if the banks and the OFT did thrash it out between closed doors and between them came up with a reasonable figure for charges, the banks would curtainly save some face. I worry the longer this goes on the more changes there are of the government getting involved and we all know who's side thet will take.

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I havn't had the time or inclination to plough through the whole of the 119 pages of the judgement and there is no index, so my question is " is there anywhere in this judgement that relates to the Abbey National's historic T&C's and in particular their reference to a "Breach of contract" between the bank and the customer.

 

I did plough through it all its heavy and there isnt a refference to the "breach of contract" although it is stated that their current terms and conditions arnt written in a way that makes them clear to joe public

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Hi CAG

 

So for all that have had "Stayed" Cases what happens next, Do I contact the Small Claim Courts, will the Small Claims Court Contact me, Do I contact the Bank or will they Contact me. If this was the other way round I bet the letter would have arrived in the post by FedEx from thee Banks I wont my day in Court or pay my charges and s69 interest with it back asap thus the "Credit Crunch" wont be a lack of it cash crunch I can pay off two credit cards and finally burn them for good "NO MORE CREDIT!".

 

So I hope some one on this forum can explain what we can or cannot do, As I assume I contact the Courts for my "Stay to be un Stayed and expect another Court Date!.

 

Regards


Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Basically we have to wait till the 21st May to find out if the banks are going to appeal. If they are not going to appeal we have to wait for the OFT to decide if the bank charges are fair or not, after that the OFT and Banks have to settle on what is a fair rate of charge. I imagine that if the banks are not going to appeal we will be able to go to court to get the stays lifted, however I doubt very much that any judge will want to decide a case until the OFT has finished its investigations. No doubt someone out there will correct me if i am wrong.

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Am i right in saying, if the banks appeal about the fairness of the charge,could'nt the OFT appeal on weather its a service or a penalty by using the old t&c.... Just a thought.

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