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VCS/BW Claimform PUB PARK SOUTHSEA LIVE, Spooner St, Sheffield **WON -NO CONTRACT**


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Whilst unloading some equipment in a yard at the back of a pub in Sheffield I got a parking charge notice.

I ignored the notice and have since had two letters from bw legal the second one demanding the £100 plus £54 costs within 10 days or they have been authorised to go to court .

Am I best just paying the £145

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Don't pay a thing. They're trying to blag money from you. Sit tight and the regulars will be around. When you say unload equipment, was this for the pub?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Don't pay a thing. They're trying to blag money from you. Sit tight and the regulars will be around. When you say unload equipment, was this for the pub?

 

Out was band equipment playing at the pub. 2 others from the band also got tickets.

 

The yard has other premises attached to it, Indian restaurant etc.

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They can't touch you. You have permission from landowner so supremacy of contact most likely

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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send the short denial letter on the numerous BW threads here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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where was the pub

- exact address so we can look at the land and signage on google spyonyourneighbour.

 

 

If BW are involved it will be an IPC member so they will have got most things wrong anyway.

 

Do you still have any of the paperwork so we can then tell you if it is faulty?

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Pictures of the notice and most of the second letter are attached

 

The pub was SOUTH SEA LIVE, 3 Spooner Street, Sheffield. Just of broom hill.

 

the pub is now shut down

IMG_1627.JPG

IMG_1628.JPG

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you'll need to PDF those pix please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1st one shows pers details

2nd is blurred

 

can you follow the upload

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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that is exactly what they hope you do and why they have added a good few quid when the law doesnt allow the extra costs to be claimed, the reality is they dont have a cause for action but it is your job to disprove them. That is easier than you think it is.

For the moment tell us what exactly the Particulars of Claim say and we will suggest how you respond.

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Hi,

It's a shame the pub has closed down. Google Maps doesn't show anything useful however, when your band played at the pub, did you have a contract? If not, any paperwork to show that you played there?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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i think you can go back in time now on goggle earth/maps?

look down the bottom and select the pictures date?

I've seen it done

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

they will still need to prove they had a contract with the landowner that allows them to make civil claims in their own name and planning permission for the signage from the council. Send BWL a CPR 31.14 asking for sight of these documents.

 

They wont have the correct permissions on this site, they will have signed a deal with one of the companies involved there and that wont be good enough as the others will have rights of entry etc called an easment even if they didnt actually have ownership of part of it. You can find out who owns the shops and pub from the land registry- cost £3 an entry but you can claim the money back when you beat them.

 

I would say that juust defending the claim will make them think very seriously about continuing so acknowledge the service of the claim, send the CPR31.14 discovery letter and you will then have just enough time to submit a skeleton defence when they reply(or fail to) and you can use that against them in it.

Edited by honeybee13
Paras.
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  • 2 weeks later...

filled out the document request,

however i have not posted it as I realise I have left it too late.

The issue date was 7th November,

making it 26th for my last day to pay up,

or launch a defence.

 

I cannot risk a ccj so wil have to pay up

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You won't have to pay though. Did you not read the advice already given?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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filled out the document request,

however i have not posted it as I realise I have left it too late.

The issue date was 7th November,

making it 26th for my last day to pay up,

or launch a defence.

 

I cannot risk a ccj so wil have to pay up

 

who said that??

 

if you'd filled out that link when you were asked on the 9th

you wouldn't think these things..

 

if the claimform date is the 7th nov.

then you need to acknowledge the claim by 25th

 

so go up on the mcol website now [see the claimform]

register as a new individual

log in

 

then select respond to a claim [the AOS} box

 

defend all

leave jurisdiction unticked

click thru to the end

confirm and exit mcol

YOU DO NOT NEED TO FILL OUT OR PPOST THE FORM.

 

your defence needs to be filed by 9th dec.

 

get that CPR running!!

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. proof of assignment from the landlord to create contracts and make claims in your own name.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

Planning Permission for their signage under the Town and Country Planning Act 2007,

copies of the notice to driver,

notice to keeper and any other correspondence from [insert Claimant Name] or [insert Solicitors Name} to the defendant.

Give them 14 days to comply

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

...

 

now PLEASE FILL THE LINK OUT IN post 12 eh?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no such thing as too late for document request, you can send that any time up until the exchange of documents is ordered by the court.

Get a skeleton defence in now though just saying " no contractual liability created between the claimant and the defendant so no monies due".

That is enough for the moment, you can then explain why at a much later date. It is for them to prove every bit of their claim and they cant even start to.

doing nothing is not an option though

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Hi,

It's a shame the pub has closed down. Google Maps doesn't show anything useful however, when your band played at the pub, did you have a contract? If not, any paperwork to show that you played there?

 

I dont know if there is any paperwork, but there will be emails with the organiser

 

who said that??

 

if you'd filled out that link when you were asked on the 9th

you wouldn't think these things..

 

if the claimform date is the 7th nov.

then you need to acknowledge the claim by 25th

 

so go up on the mcol website now [see the claimform]

register as a new individual

log in

 

then select respond to a claim [the AOS} box

 

defend all

leave jurisdiction unticked

click thru to the end

confirm and exit mcol

YOU DO NOT NEED TO FILL OUT OR PPOST THE FORM.

 

your defence needs to be filed by 9th dec.

 

get that CPR running!!

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. proof of assignment from the landlord to create contracts and make claims in your own name.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

Planning Permission for their signage under the Town and Country Planning Act 2007,

copies of the notice to driver,

notice to keeper and any other correspondence from [insert Claimant Name] or [insert Solicitors Name} to the defendant.

Give them 14 days to comply

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

...

 

now PLEASE FILL THE LINK OUT IN post 12 eh?

 

I have filled out the claim form.

 

I have typed out the letter for the solicitor. (stupid question, but i assume you remove the bit that says give them 14 days to comply)

 

I will try and do the thread 12 bit tomorrow.

 

Thanks.

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what part are you not reading properly...:lol:

 

you don't need to fill the claimform out

do it on line at the MCOL website

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Re: CPR request

-NO, you have to give them a standard time to comply,

just because it no longer fits in with your plan A you cant change that or leave it open ended.

 

you need to read up on all of this,

read several pages of older threads and read things like the parking pranksters blog then get your points you wish to use in your defence set out as bullet points and post them up here so we can consider them

 

I believe that the location served several different properties so you need to find out who owned the land where you parked by identifying the property ( despite common areas) and get the details from the land registry (£3 online).

 

 

You can then work out the curtillage ( area of the car park that others have access to) and that will probably be proof that these bandits signed up with someone else and not your landowner. Their signs will not have planning permission so read about that as well.

 

you can get sight of the plans at the council offices, you might need an appointment. that will show boundaries as they need then for council tax/rates purposes

 

If you want to put in a simple defence to avoid losing by being timed out then just the one line " No contract ever formed between claimant and defendant so no cause for action"

Everything else you want to say later will be covered by that.

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done what?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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