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Justice143

VCS ANPR PCN Claimform - overstay St Marys Gate, retail park, Sheffield **WON+COSTS**

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vcs claimform


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just google POFA 2012 and the first hit will be the govt legislation published Act

Read Paras 4,5 8 and 9 carefully.

 

 

A for I was at a theater and I thought the car park was theirs will lose you the case. The whole point of your defence is that they have to PROVE you were driving, tell them this and you ahve given away the biggest advantage you ahve.

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Ok after reading through the POFA and many many threads I actually think I feel worse about this situation.

I really feel like I will crumble attending a court and gathering and presenting the evidence in a witness statement.

Especially since reading this thread

Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN, where the defended has been sent a 48 page document off the claimant since filing his defence!

 

I really did not realise this could turn into something so time-consuming and I half wish I had paid it.

That said I am most grateful for the time you guys have put in.

I think I have found the single line defence you speak of post #17 of this thread.

I really hope they realise they are wrong and drop it otherwise I risk being a stuttering idiot in court.

 

Is this sufficient?

 

1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.

this means there is no cause for action by the claimant against the defendant.

 

 

Do I also need this?

 

2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

 

3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

 

Thank you

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the 48 pages are simply the complete transcript of 2 cases that do NOT apply to 99% of PPC court claims.

 

that's why they send them..to put people off...

 

looks like you are in the right direction..anyway.


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use the 3 points you have chosen but swap points 2 and 3 round so it makes a logical flow from the 1st to the last

 

Wasnt that hard was it?

 

 

Now I bet that VCS have sent you their cut and paste stuff to frighten you and will now have to change it when they realise they have said the wrong thing or be forced to drop the matter.

 

 

The hearing will be at your nearest court so they wont want to pay a fortune to get there, shame you dont live in Cornwall. This menas they are likely to consider a stop loss position and discontinue once they realise you arent going to now roll over and pay up.

 

 

You have lots more ammuntions, for example, whay are they claiming £160 when if they are claiming from the keeper the POFA sest the maximum they can claim as the amount fixed by the charge notified in the NTK. they cant add on costs, which they can with the driver if their signs ahve a clause warning of this. As the keeper wasnt there to read the signs it cnat apply. That is normal contract law as well as being in the POFA.

Edited by honeybee13
p

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I just feel overwhelmed by it all.

 

okay thanks Sunday is the 33rd day.

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You're doing OK, Justice. Stick with it, you'll get there with the guys' help.

 

HB

  • Confused 1

Illegitimi non carborundum

 

 

 

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I just feel overwhelmed by it all.

 

okay thanks Sunday is the 33rd day.

 

no as post 32


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Ok after reading through the POFA and many many threads I actually think I feel worse about this situation.

I really feel like I will crumble attending a court and gathering and presenting the evidence in a witness statement.

Especially since reading this thread

Re: VCS PCN Caimform - Car park: Berkeley Centre, Ecclesall RD, Sheffield, S11 8PN, where the defended has been sent a 48 page document off the claimant since filing his defence!

I really did not realise this could turn into something so time-consuming and I half wish I had paid it.

That said I am most grateful for the time you guys have put in.

I think I have found the single line defence you speak of post #17 of this thread.

I really hope they realise they are wrong and drop it otherwise I risk being a stuttering idiot in court.

 

Is this sufficient?

 

1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.

this means there is no cause for action by the claimant against the defendant.

 

 

Do I also need this?

 

2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

 

3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

 

Thank you

 

Gosh...I know exactly what you are going through. My mothers in the same boat as you. St Marys and VCS. We could compare our findings.

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As usual VCS has written a load of crap to frighten you into paying up now as they know if you turn up in Court they will lose.

Once they see your defence they may not even bother paying the Court fee so just relax and look how many other cases have been won against these crooks-and how often they back down at the last moment.

They exist to rip off motorists before any case is heard in Court and they don't win when the motorist/keeper turns up.

If we thought you had no hope in Court we would have advised you already.

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Gosh...I know exactly what you are going through. My mothers in the same boat as you. St Marys and VCS. We could compare our findings.

 

I know i've read your thread! : ( Its the the inconvenience of it all that is bothering me as there is so much other stuff in my life I need to be spending my energy on, and the fear of having to go to defend myself in court particularly because I can't say the real reason why I am standing up for justice of the situation!

 

Oh well what doesn't kill you makes you stronger! Your parents are lucky to have you!

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Thank you

the 48 pages are simply the complete transcript of 2 cases that do NOT apply to 99% of PPC court claims.

 

that's why they send them..to put people off...

 

looks like you are in the right direction..anyway.

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use the 3 points you have chosen but swap points 2 and 3 round so it makes a logical flow from the 1st to the last

 

Wasnt that hard was it?

 

 

Now I bet that VCS have sent you their cut and paste stuff to frighten you and will now have to change it when they realise they have said the wrong thing or be forced to drop the matter.

 

 

The hearing will be at your nearest court so they wont want to pay a fortune to get there, shame you dont live in Cornwall. This menas they are likely to consider a stop loss position and discontinue once they realise you arent going to now roll over and pay up.

 

 

You have lots more ammuntions, for example, whay are they claiming £160 when if they are claiming from the keeper the POFA sest the maximum they can claim as the amount fixed by the charge notified in the NTK. they cant add on costs, which they can with the driver if their signs ahve a clause warning of this. As the keeper wasnt there to read the signs it cnat apply. That is normal contract law as well as being in the POFA.

 

Thanks.

They haven't sent it to me I was just referring to another really recent thread as I was thinking that they have got more thorough in their fight.

 

Sooo is it ok to literally just put this?

 

1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.

This means there is no cause for action by the claimant against the defendant.

 

2. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

 

3. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

 

Thank you

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yep.


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your defence was due Friday by 4pm...


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It got sent last night which was day 33 from the day they sent the form. I have read on here a number of times that the defence timing isn’t as strict as the AOS. Hope it will be ok.

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Hi All,

 

I have had a letter from the court so now they have to file for track. Will I be notified if they do not do this?

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You mean the ack of your def giving them 28days


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I have been sent:

-Notice of proposed allocation to the small claims track which includes a blank directions questionnaire for me to fill in.

And today

-I have received two separate envelopes with exactly the same contents which is VCS’s directions questionnaire and cover letter which says they have also send a copy to court.

 

Do you want me to upload the questionnaire? It is suggested that we should try and resolve the matter between ourselves?? Any thoughts on this?

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if you've received your N180 from the COURT

 

then fill it in following the other threads you have been reading? whilst things have been quite so you know what to do when its your turn...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I have been sent:

-Notice of proposed allocation to the small claims track which includes a blank directions questionnaire for me to fill in.

And today

-I have received two separate envelopes with exactly the same contents which is VCS’s directions questionnaire and cover letter which says they have also send a copy to court.

 

Do you want me to upload the questionnaire? It is suggested that we should try and resolve the matter between ourselves?? Any thoughts on this?

 

Ps I rang the the theatre 🎭 to see if they had any known cases of any similar to mine and they now have an agreement with VCS to record the registrations of people watching the show so they can avoid the free parking for only one hour rule.

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I was expecting them not to pay for track and the case to be dropped.

 

Why would they go to court if the grounds you guys told me to put were so clear cut.

If you could direct me to a similar claim or tell me what to put it would be really helpful.

 

With respect in the beginning one of you guys said you would tell be what to do/put and I seem to spend ages reading lots of unrelevant threads and sending myself insane with worry. X

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because its a game of numbers..who blinks first ..NOT you!

you found CAG.

who says they are not going to drop it anyway, its not been allocated yet..its a game of chess to them.

 

complete YOUR N180 from the court:

 

NO to mediation

1 WIT you

the rest is obv

 

3 copies

 

1 to the court

1 to the solicitors [minus email/sig/phone]

1 for you file


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They havent been asked for the money yet!

They will most likelty want to see what you come up with before dropping the claim,

 

if your defence is you didnt know about the signage and that £100 is a bit steep or some argument about how unfair it all is they will continue as they will win.

As it stands I would say they might well drop the matter before they have to pay the next £25 but as Simple Simon is stupidly & greedy they may well go to the next stage.

 

Get your bit right there and I would bet on a discontinuance before the hearing to save costs.

At the moment they stand to gain £200 and lose £50,

if it goes to a hearing they can gain the same £200 but lose a lot more than that depending on your costs and their costs will be a lot more anyways what with either travel or hiring a solicitor for the hour.

 

I was expecting them not to pay for track and the case to be dropped.

 

Why would they go to court if the grounds you guys told me to put were so clear cut.

If you could direct me to a similar claim or tell me what to put it would be really helpful.

 

With respect in the beginning one of you guys said you would tell be what to do/put and I seem to spend ages reading lots of unrelevant threads and sending myself insane with worry. X

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you can use the information from the cimema to show that the contract is unfair and thus void. If it was originally fair there would be no need for a change

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