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    • Compared to all the ones I read, I really felt like there was less I could include in this one. Nervous that they have so much paperwork.
    • and the cameras!!   as for M&F don't give the game away upon why.... just say you have a possible impending legal matter that you need to investigate but need to know who signed up CEL to manage the car park and do they have M&F legal permission for this contract to be entered into upon M&F's behalf. and if it goes well see if the contract with CEL has been paid for THIS FINANCIAL YEAR by whomever.  I seriously doubt they will know anything about it at all.    
    • How does this look?     1. Paragraph 1 is accepted. I have, in the past, entered into a contract with Shop Direct, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. 2. Paragraph 2 is noted, again I do not recall any breach and I have never received a Default Notice. 3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 5th Oct 2016 from my cpr31.14 request. this is the first time I have seen this letter. 4. On receipt of this claim form, I the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request. Therefore, the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence the nature of the breach and service of the Default Notice, (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.
    • Hi Everyone,   I'm in desperate need for some help. I was stopped by a ticket inspector on the bus who took my 16+ oyster card yesterday. This card has my name on it and I've been using it for the past year. I gave them my details and they kept asking me if I knew the name of who gave me the oyster, which I didn't at the time.    Can someone please inform me of the worst case scenario? I'm more than happy to pay the fines but I can't afford a criminal record as I've just accepted a job at the NHS and this will impact the DBS checks they're currently doing on me now.    I'm prepared to be completely honest about this situation. I genuinely could not afford to pay the full travel price which is why I applied for this fake oyster via a friend that I was referred to. I'm genuinely completely sorry for this offence and I'm scared of what is to come in terms of court summons, which I expect.    Your help would be appreciated. I'm yet to receive the letter as this incident only happened yesterday.    Thank you. 
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VCS Claimform - No Stopping PCN - Liverpool Airport

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so witness statement time


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

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Yikes? why yikes, they have been given a [telling off] already for writing a rubbish claim and have a month to rewrite it or lose by default.

 

You want to be on top of that as soon as the clock chimes midnight for the 23rd May.

 

In the meanwhile you have until at leastthat day to get your thoughts together and generally you axchange documnts 14 days before the hearing unless otherwise instructed. They often file late so again you sned a complaint in to court if they do. that wont win hands down but it all goes to help persuade the judge whose evidence they prefer, a serial abuser of the courts process or the individual who manages to get things right first time

Edited by DragonFly1967
Edited to add spacing/paragraphs and remove swearword

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Thanks for your words of encouragement .. I'm thinking yikes because I'm a little terrified of standing in front of a judge without having your brains and knowledge inside my head :smile:

 

Is that how you read it ericsbrother?

I simply read it as they hadn't yet paid the trial fee of £25 and they need to either pay it or submit an application for help with the fees or as the letter reminded them their claim would be struck out.

 

So, regarding the witness statement .. is there a template for this or should I write it in my own words?

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What you havent done is actually read and understand the latter.

You must read everything carefully and not jump to conclusions.

 

Witness statement?

You have a month to think about what you want to say

as said, they lose automatically if they dont pay the fee and are hoping you brick it and make an offer to settle when they know full well they are going to lose a defended claim.

 

Only thing you need to do in the meanwhile is read loads of other threads which have got to court and in particular the relevant cases commented on in detail on the Parking pranksters blogspot. His web pages has all of the info on compelling and persuasive judgements including several cases from JLA

Edited by dx100uk
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So they've paid the £25 fee and today they've sent me their evidence .. all almost 100 pages of it!

 

So, now I'm writing my defence .. any suggestions?

indexBundle.pdf

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you've already defended the claim...……………………

post 52


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

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don't dither too long you must send it to the court by the 5th


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I can see the Judge tearing chunks out of them for wasting their time with that little lot.

 

Pretty much all you'll need is a copy of the LJLA bye-laws :thumb:


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The cases they have relied on especially Beavis cannot apply to this as they have no claim to begin with, the Byelaws apply not their mickey mouse signage. EB. DF and DX have given you all the ammunition you need, now go bite them on their sorry jive backsides


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The cases they have relied on especially Beavis cannot apply to this as they have no claim to begin with, the Byelaws apply not their mickey mouse signage.

 

Hi fella,

 

What do you mean by this?

Sorry if I'm being a bit dim but I'm trying to write up my defence and don't quite follow you :)

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use the search CAG box of the red toolbar

 

no stopping VCS witness statement


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I have the document on my PC, but unfortunately, my PC is fried until tomorrow (hopefully, if the parts arrive). However, these are the full bye-laws for Liverpool John Lennon Airport.

 

https://www.whatdotheyknow.com/request/198654/response/495713/attach/html/4/Byelaws%20for%20Liverpool%20John%20Lennon%20Airport.pdf.html

 

The parts that are relevant to your case are Section 5, which deals with motor vehicles on airport property, and Section 12 which deals with the penalties.

 

Now, the important part is, because that document exists, the land is under "statutory control" and is not 'relevant land' for the purposes of the POFA 2012 which is covered in the POFA at Schedule 4. Section 3 (and it's subsections), and therefore keeper liability does not and cannot apply.

 

Only the driver can be fined (proper fined, not this Mickey Mouse type that VCS have sent you), not the keeper, and that fine can only be handed down in a Magistrates Court.

 

 

VCS know this very well, so will probably pull out of the case at the very last moment, as per normal, because those bye-laws completely destroy their case and their claim.


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Hey thanks,

 

I saw and downloaded this document but VCS never mentioned bye-law in their paperwork so I was wondering why it was relevant:

 

Now I know :)

 

^^ When I say "this document" I refer to the one you linked to DragonFly1967 and not the one I attached :)

defense.pdf

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Ha! They wouldn't. They want you to pay up, not know how to beat them at their own game :wink:

 

There are lots of ways to beat them of course, but they hope that you never find out about any of them.


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Hi fella,

 

What do you mean by this?

Sorry if I'm being a bit dim but I'm trying to write up my defence and don't quite follow you :)

As DF indicates the LJA Bylaws are precedent VCS have no case, they put those cases in to try to ground an impossible. and scare you into submission as in we cite cases that are not relevant to bamboozle you and the judge, when we know there can be no Keeper Liability as byelaws trump our claim.


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you cannot work in isolation, raed about this elsewhwere such as the Parking pranksters blogspot. Plenty of great advice and previous cases published there, use them against VCS.

VCAS know they dont have a claim, they have had their backside kicked often enough but they also bet that you dont know about this so once they see what you intend to raise they are likely to drop the claim and concentrate on the next poor sap

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Now, the important part is, because that document exists, the land is under "statutory control" and is not 'relevant land' for the purposes of the POFA 2012 which is covered in the POFA at Schedule 4. Section 3 (and it's subsections), and therefore keeper liability does not and cannot apply.

 

Question:

 

I basically admitted to them that I was the driver when I initially made an appeal, would they not just use this confession?

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Question:

 

I basically admitted to them that I was the driver when I initially made an appeal, would they not just use this confession?

 

The most important point here is that the land is subject to bye-laws. Drivers who break the rules should be prosecuted and fines paid to the state. VCS have no interest in the land whatsoever.

 

Every case is different.

 

Admitting who the driver was is always a bad idea, but it's not really that important in your case.

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have you read the Parking Pranksters blog on JLA and the failed claims of VCS from here? they replaced their signage a while ago because they kept getting hammered in court, they tried to get a change in the byelaw to allow them to go after peopel and lost that so they knwo they dont have a leg to stand on and just use the legal process to coerce or harass people into paying money they dont owe.

Use the other cases as part of your evidence, is is what is called persuasive so a jdge doesnt have to take it into account but will find it difficult to think of reasons not to.

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Sorry to be cheeky but do you have a link?

I did do a search for VCS JLA on his blog (top left search box) but only found one item entitled "How much does John Lennon Airport make from outsourcing parking?"

 

Many thanks for all your help.

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no.

go to google and look up his web site not blogspot. Simples.

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Here's the one about VCS/LJLA trying to have the bye-laws changed, and failing miserably :lol:http://parking-prankster.blogspot.com/2017/07/dft-block-byelaw-at-john-lennon-airport.html

 

Have a good long look at VCS v Phillip as well. Although this occurred on the adjacent site, the defence fits your case almost to a tee. As does the counter claim :wink:


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