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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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Hi

have CMD tomorrow

but i cannot attend due to other commitments.

 

I have composed an email response for the court and will send to the sheriff .

this is how it reads so far.

i know that its best that i attend, but this will be the third time and i just cannot make this hearing.

 

 

I would be grateful if the following message could be forwarded to Judge xxxxx or to whom ever will have charge of my case on the 30th October.

 

I am Unable to attend due to other commitments, regretfully.

 

I must object to the claim that no default notice is required,and hold to my statement made earlier this month at the previous case management, where i had stated that i feel the case should be dissolved due to the fact that no DEFAULT NOTICE has been issued to my self or to the court The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8 .

 

I also stated that i had asked for this in my Original Simple Procedure Response Form 4A.

Please find attached and check original records.

 

Highest Regards

 

 

any feedback is welcome

 

thanks

Edited by Andyorch
Name removed

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when did you know you couldn't attend and why,

?

dx


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so if i do not go

will I LOse the case?

 

Are emails Unacceptable at a CMD?

 

when i was there last there was a similar case before and the judge had read his emails to see why the person in hand did not attend.

I assume this is a normal procedure.

 

thanks

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reason is more important than your pleadings.

 

if its a viable reason, i'e the budgie just died..then all good

if its something you could have prevented or avoided but showed neglect toward in relation to the case , then it might not wash.

 

its only a CMD anyway

 

as said before ...there are only 2 things he can do

well 3...

 

postpone the CMD

move forward to a hearing

dismiss the case.

 

you can't 'lose' by not attending.

you've already said you bit about why the claimants case is flawed,

 

dx


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.

 

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Sorry but this isn’t quite right.

 

Rule 7.7 (4) of the Simple Procedure Rules provides that the sheriff may do anything at a case management discussion that can be done at a hearing, including making a decision in a case or part of a case.

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Attended the CMD in person.

The Default Notice was Produced.

 

Judge ordered a full hearing.

 

Decided to just pay off the debt.

Agreement made.

 

End of endless Court appearences and now feel alot better.

 

Thanks for all information about laws ect.

But going to court every other day just isnt for me.

 

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Sorry but this isn’t quite right.

 

Rule 7.7 (4) of the Simple Procedure Rules provides that the sheriff may do anything at a case management discussion that can be done at a hearing, including making a decision in a case or part of a case.

extremely rare that its anything detrimental to the respondent...else why call a CMD, go straight to a hearing.


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

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where is this supposed default notice?

have you got a copy?

the last time they tried this they produce a default notice of sums in arrears..that not a default notice compliant with section 87?

 

dx


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how's this going?


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.

 

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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