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    • Bolmsgr   if it was me I would put it first as if the contract is invalid  and if the Judge agrees, then you win the case.  Indeed, it may be that VCS would not even turn up in at the Hearing or withdraw which would be the ideal situation. However this is your case and FTMDave has worked hard with you to help on your WS.   Whatever you decide to put it I have modified what I said in my previous post so that you can copy it. Definition of "Relevant contract”  from PoFA 2  [1] means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—   (a)the owner or occupier of the land; or  (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.   According to https://www.legislation.gov.uk/ukpga/2006/46/section/44  a contract to be valid requires a director from each company to sign and then two independent witnesses must confirm those signatures. The fact that no witness signatures are present means the deed has not been validly executed. Therefore there can be no contract established between VCS and the motorist. And even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of. Surely VCS a company that signs innumerable contracts must be aware that no contract exists at the East Midlands Airport. Two points arise from that. The first is that by issuing many PCNs at EMA with knowingly not having a valid contract is bordering on fradulent. Second, VCS in order  to gain access to DVLA data VCS have averred that they have complied in their CoP that they have complied with all the legal necessities, which appears patently untrue. As Lord Neuberger said in the famous Parking Eye v Beavis  at the Supreme Court [2015] UKSC 67-"And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Noble Lord is correct and should call into question the right of VCS to obtain information from the DVLA.   You may have noticed that in the second paragraph of this post the words "relevant land" cropped up which would be a good follow on for bringing up the Bye Laws and streets covered by the Road Traffic Act in case the Judge did not accept the contract argument.                         bolmgsr 1   Posted just now  bolmgsr    1 Basic Account Holder Topic Owner   Registered Users Change your profile picture 1 48 posts Author Report Share #101   Posted just now New post added to VCS/ELMS Spy car 2*PCN PAPLOC Now Claimform for 1 of them - 'NO STOPPING' BP Station East Midlands airport while you've been viewing. Ok thanks everyone, I’ve made the relevant changes just need to get all the exhibits together then send copies to court and VCS. Thanks for all your help and I’ll keep you posted on what happens.   Thanks Haha Confused Sad Like ×   Quote Report   Link to post Share on other sites              
    • FAO MIDDLEMAN: Can you please let me know what you would advise me to do as I didn’t attend the hearing and I’m not currently working and not claiming benefits. Furthermore, I was told to pay a fine initially but decided that I would appeal.
    • Ok thanks everyone, I’ve made the relevant changes just need to get all the exhibits together then send copies to court and VCS. Thanks for all your help and I’ll keep you posted on what happens.
    • Thanks Andy,   Question and answers below.   Name of the Claimant ? Western Circle LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 11th June.  It arrived 16th Of June.  I know that because I went away on the evening of the 15th June returning home on the 22nd. The letter wasn't here before I left but was when I returned.  I acknowledged service online on the 23rd June.   Date of issue 11th June + 19 days ( 5 day for service + 14 days to acknowledge) = 29th June + 14 days to submit defence = 13th July (33 days in total) - 13th July to submit defense?   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.   "The claimant is a lender of short-term finance to consumers under the Consumer Credit Act 1974.  On 06-02-2019 the parties entered in to an agreement whereby the Defendant borrowed the sum of £400 to be repaid in 2 monthly instalment, at the agreed contractual daily interest rate of 0.78%, capped at 100% of loan value.   Despite extensive chasing, the Defendant failed to repay their loan in full and interest and costs have been incurred.   The Claimant therefor Claims:   1. £400 being the amount loaned. 2. £400 being interest up to the date of this claim. 3. £0.00 being amount paid"   What is the total value of the claim? £870   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? About 2 months ago, I received a letter before action (they called it a "letter of claim") through the post. For the most part it looked genuine.  That is it had a basic statement of the loan, original interest which would have been occurred etc, a reply form which had options for me to either agree the debt, dispute it etc and finally - a basic financial statement form for me to fill in if I wanted to make a offer to pay over time, however.   The info on how to respond to the letter of claim had a very clear instructions saying - "you only have 30 days from the date at the top of the letter from the business to send back the reply form".  likewise the pre-action protocols state the letter should be clearly dated.   There were absolutely no dates on the accompanying letter, absolutely none. Because of this, I assumed it was just a standard threat and ignored it.  Yes that was probably very stupid of me.   I have kept that letter so still have it.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? Not applicable. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday loan   When did you enter into the original agreement before or after April 2007 ? First loan would be early 2019 I then would have paid that off an immediately taken another to use to live on.   Do you recall how you entered into the agreement...On line /In branch/By post ? Definitely online.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not applicable in this case as original creditor   Did you receive a Default Notice from the original creditor? Not that I'm aware   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I had multiple loans with multiple companies at the time and stopped payment to try and sort myself / finances out.   What was the date of your last payment? early 2019 I believe.   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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Parking Eye ANPR PCN - Crowne Plaza hotel LJLA ** Cancelled by Hotel **


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Jolly good. Well done. A win is a win, however it is achieved :thumb:

 

I've amended the thread title.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Excellent :)

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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well done.

 

I hope that people following this thread see that it can be done quite easily if the occupiers of the land are willing to act.

 

In many multi-occupancy developments like retail parks the landowner agrees the contract and the tenants who run the shops have no say but get all of the flack about the parking cowboys. in this case single occupier so easier to ake the right noises

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It's always a good idea to ask hotels, salons etc to get the ticket cancelled if you were visiting their premises. I got a cinema to intervene and cancel a parking ticket after a friend got one for not entering his car reg into a machine inside the cinema! Fortunately he still had a copy of his online booking. Also had a couple cancelled after attending weddings in hotels.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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