VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA ***Claim Dismissed***

[Geocyper]

Hi just received this from the bottom feeders, I know I have to acknowledge within 14 days. 

Its from 2015 so cant find the paperwork for it, but will look.

 

Parking on private development whilst visiting a friend, not displaying Permit, looked at my friends contract with private landlord, nothing in it about parking.

 

Are the Particulars of claim sufficient?

 

Thanks for any advice.

 

[dx100uk]

would much better if you simply fill out our std sticky

then we have everything we need

 

 

[ericsbrother]

OK say where the parking took place exact address/postcode and we will ahve a look on gogglespy to see what we can see from the public highway.

Now as you mention permit scheme then it is likely that the notices there are not a genuine offer of terms for parking butinstead  prohibitive such as "permit holders only". it wont matter what other rubbish they spout after those words as it becomes a matter of trespassas you didnt have a permit so nothing else applies.

If the sign says free parking for permit holders, everyone else pays £100 to a bunch of greedy cowboys then that would be legally binding.

[Geocyper]

They say I was on Broomhall Developments, the car was parked on Broomspring Close.  S37XA

 

Will try get clear pics of signage.

 

Hi ericsbrother, thanks for your reply, I will send you detailed response ASAP.

 

i need to go Doc appointment.

 

 

Claimform+Pic.pdf

[ericsbrother]

Part of the POFA rules for creating a liability to pay a parking co is identifying the land they control so is there another palce of the incorrect name?

If so then photographs of the other site will prove that your vehicle cnat possibly have been there as the images they will produce wont match the background etc.

If however Bromhall developments is the name of their employer would the land in question be known by the same name for the entire development?

 

The POC is the usual rubbish and inaccurate one they cribbed from Gladstones so can be attacked in your outline defence.

 

Now I have googled Broomhall developments and they are an Irish Co that has bult a similar named housing estate in IRELAND. ther is also  a Broomhall gateway development plan for SCOTLAND but nothing in England, let alone Sheffield specifically

 

defence has to be in a fortnight after the deadline for the AOS assuming you get that in on time.

 

On google noseyneighbour I can see signs near to the parking bays that say permit holders only so unless you have a permit the signage doesnt apply to youas you would be prohibited fro parking there anyway. So with this in mind were you parked in a bay or on the road? Were you visiting or connected to the property that bay was allocated to and if so can you find out if the bay is part fo the property and noted in the deeds. If it is then it has nowt to do with VCS.

 

So you are going to grab some pictures and then you compare these to the web site of Broomhall development in ireland and that will be part fo your evidence

 

Also ask council when the Close was adopted by council as it appears to be a public highway

[AndyOrch]

Tues the 9th July by 16.00pm to acknowledge service and Tues  23rd July to submit your defence...by 16.00pm

 

Andy

[Geocyper]

Thanks for that Andy,  ericsbrother:

 

1. I think that is the name of the development as a whole, Broomhall developments, I know the Agents are Fairways, they are the letting agency, they told me so themselves.  I think thats whom employed them

 

2. There are loads of roads on the development,  Broomhall Close, is just one.

 

3. We just parked on a Bay no special one, was visiting friend on estate, their is numbers in bays.

 

4. My friend showed me their Tenancy agreement, nothing about parking.

 

5. Can you give me heads up on how to find when Broomhall Close was adopted by council, been on hold for 15 mins Amey who maintains the roads.

 

This is the same format all signs are in at present in situ on Broomhall Close. 4 in total.

Tue, 8 Jan 2019, 11_21.pdf

 

I will be sending the Acknowledgement of Service today.  Do I just send page 2. and not the N9B or N9A.

 

Thanks,

[AndyOrch]

Do it on line using MCOL....all the instructions are contained within the claim pack......its free and secure...unlike post.

[dx100uk]

follow this

you DONT send an SAR but a CPR 

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[ericsbrother]

yep, there are 2 online versions of the process and whichever you use is quicker than post and you dont have to send a copy to the claimant then.

[ericsbrother]

3 hours ago, Geocyper said:

Thanks for that Andy,  ericsbrother:

 

1. I think that is the name of the development as a whole, Broomhall developments, I know the Agents are Fairways, they are the letting agency, they told me so themselves.  I think thats whom employed them

 

2. There are loads of roads on the development,  Broomhall Close, is just one.

 

3. We just parked on a Bay no special one, was visiting friend on estate, their is numbers in bays.

 

4. My friend showed me their Tenancy agreement, nothing about parking.

 

5. Can you give me heads up on how to find when Broomhall Close was adopted by council, been on hold for 15 mins Amey who maintains the roads.

 

1. no it isnt. Fairways lettings agency? they dont own the site so start researching rather than guessing or making assumptions.

 

If you start with that frame of mind you give away half of the protection of the POFA as they have so far failed to identify the land and that is a winning point on its own if you use it correctly. start making things up and none of your evidence will be believed on the day.

 

Rubbish their evidence in one area and anything they say will be considered dubious unless proven 100%

 

2. are they adopted?- ask the council

 

3 the signage is prohibitive so not a genuine offer of terms- read up on it there are plenty of previous cases in the parking prasnksters blogspot.

 

4 tenacy agreement is not the document that matters you need to look at the deeds to the property- that will cost you £3 online

 

5 answered in my previous reply ASK THE COUNCIL.

 

please read and digest what people say or you will end up dropping yourself in it.

 

As for the image of a parking space with a fence behind it there is no signage attached to that location so how did the parking co draw your attention to any conditiond for parking there as their signs dont refer to your circumstance nor that place as the terms are for "designated bays". This is very specific

[Geocyper]

ericsbrother, Ok thanks, I actually spoke to Fairways, they said they were the Agents.  This is what they told me when I asked whom the site owner was.

 

I will do some research on the issues you raised.

 

I am going to take picts this afternoon off signage.

 

Thanks. 

[ericsbrother]

fairways agents? so what, they are not the landowner so anything they say is irrelevant. Anyway, they wont and cant be the agents for any property that has been sold freehold.

what happened is you spoke to a company that dealt with 1 letting on the estate and have inflated that to somehting that can never be true.

 

the devil is in the detail on all of these things so get digging and get everything written down or recorded

[Geocyper]

ericsbrother,

Paid my £3 the owners of the land are BROOMHALL MANAGEMENT LTD 

(CO. Regn. No.  02784766. address 356 Meadowhead, Sheffield S8 7UJ)

 

I have a sneaky suspicion that theses may be land agents.

 

Just completed a CPR 31.14 to Vehicle Control Services Ltd, ready to be sent.

[dx100uk]

Dont forget aos on mcol website

[Geocyper]

Ok thanks, will do. 

[ericsbrother]

residential property managers.

now that may well mean that VCS dont have a contract with anyone who actually has a say in what goes on there

 

 we still need to get to the bottom of this, the deed should be in the name of whoever your mates landlord is and going through the blurb it should say who it was bought from and that will usually be the builder/developer.

 

It will then stipulate any covenants or conditions and easments over the land or other rights held by the owner or other people.

 

Did you get the plan of the property as well as the written details?

If you didnt then you will have to pay again or phone up the relevant Land Regisrty office and ask them nicely for it using your existing reference

[Geocyper]

Hi ericsbrother, just emailed you copy of document, Land Title.  I have done everything now, acknowledged the claim, put in CPR request, will get up to date pictures of site today, anything else I should be doing that is urgent?

 

Thanks.

Edited June 29, 2019 by Geocyper
Bad grammar.

[ericsbrother]

I sent the OP a message so i could see a copy of the deeds as I was confused over some of the detail expressed through this post (via an email addy I dont use for my personal stuff).

 

That is now clarified and I coud rant about how his friend's landlord has been robbed when buying his house but that wont solve any of the current problems.

 

What I will say is that the contract between the landowner and the parking co is an absolute must when it cmes to court as the land is a very small parcel of parking spaces there are not contiguous with any other land ownd by the same entity so will need signs for each and every space to be a valid notice and that isnt what is there. they will argue (untruthfully) that their signs cover the whole site but they dont have management powers over the whole site.

 

an aerial photo/plan and some coloured pencils will make it clearer what is wrong when it comes to your full defence.

 

Now the OP need to look at the deeds of the house he was visiting to see what that says about the use of its allocated parking that actually belongs to a third party. His friend needs to ask his LL or again the OP needs to spend another £3 on getting to see those deeds

[Geocyper]

Hi ericsbrother, thanks for you valuable help so far, I posted some pictures up yesterday of the signs in situ, but they were removed.

 

Pixs.pdf

[ericsbrother]

we need clear pictures of the signage so we can read it and also whre you were parked some pictures of the spcae and what you can see as far as signs covering the actual parking spaces that are explicitly on the deeds you showed me. 

 

I want to see the numbers of the parking space clearly in you picture as we are talking about a possible contract with a company that owns 6 numbered parking spaces and nothing else.

 

Also pictures of any signs that are different to the one near the entrance.

 

the general sign is on land not owned  by the company named on the deeds so cant apply to the land that is.

 

Detail is the key here.

[Geocyper]

He ericsbrother.

 

Ok I will do that all later (Pictures). I have looked at my friends rental agreement and there is no mention of parking.  I will pay £3/ to get copy off the deeds, property plan.  Shall I email property details to you again?

 

 

[ericsbrother]

it wont be in his rental agreement, I have already said that. It will be in his landlord's lease or deeds so that is why I suggested spending another £3 having a peep unless they can be contacted to provide soem help in this ( the answer will usually be no)

 

tell us all  what it says if it mentions parking as clearly the spaces are designated by number so how that works will be important. if it isnt clear then let me have a look first and I will give the editen highlighta as above to preserve confidentiality ( yes I know it is all a public record but the owner doesnt have a dog in this fight).

 

Have a look at the council planning portal to see if you can find the original application for the whole development, there may be useful stuff in that we can use. If you cnat find it ask the council planning dept as you want to see if there are any conditions on parking laid out in the planning application or consent and also a plan of the development so your presentation on where the sigsn are andwhere the land owned by the company that owns the numbered parking spot we have identified fits in to all of this.

 

You cna then go to town with some coloured pencils to show where their signs are and the actual land they have an agreement fo is and the 2 wont be the same from what I can tell from googlespy

 

The deeds to that property will probably have enough detail on the housing immediately surrounding the plot so an A0 architects plan wont be needed on the day.

[Geocyper]

ericsbrother,

 

Got registry document and layout.  the registry documents say there is a space for parking No 6 flat

Schedule of Notice of Leases, page five Number 10.

 

The title plan shows flat and parking space allocation for No 6 Flat.

I email to you. 

[Geocyper]

ericsbrother,

 

I have pictures of all individual parking bays for Broomspring Close, they are all numbered, but no signs on/in individual bays.