VCS ANPR 2015 PCN claimform - Berkeley Centre Sheffield S11 8PN ***Claim Discontinued***

[Mrs O'Frog]

As far as the corporate party: If a company is involved, (claimant or defendant) then as it's not a human being it can't turn up and represent itself. All they are saying is that the company doesn't have to use a lawyer, they can use an employee. Usually this would be a director but it doesn't have to be.

 

As dx says though, if the person that turns up didn't write the witness statement then they can't discuss it.

[ericsbrother]

like all things in court though, you will have to push this point to get the WS discarded from their evidence bundle.

 

Now VCS used to use Gladdys but got fed up of losing even more money than they could lose on their own so took on the claims process themselves.

 

I am uncertain as to who pitches up, they may well just hire a local solicitor to go through the stuff if they have several running at the same court.

 

Worth chaecking the daily list once you have a time allocated so you are at least forewarned.

 

It has happened that a judge has make a determination in VCS favour and then has to do an about turn when your provide a more solid defence so try and resist a request to have the claims bunched together unless your is the first one in the queue

[anniebattlemum]

Many thanks for all that guidance.

No date yet.

 

Just to clarify:

the claimant's rep can't discuss the WS from VCS if they didn't write it.

 

How about the defendant's rep if my daughter has to sign and submit her WS as the defendant in the case?

Can I, as her lay rep.,  still refer to the WS (which I will be writing but presume I can't sign!) if my daughter has signed and submitted it?

 

In other words, does it work both ways or does the defendant have different rights?

I hope my question is clear. 

[ericsbrother]

you dont know who the claimants rep is yet but if it is just a solicitr then they cant answer questions about someone else's writing so you can say that as the person who wrote it isnt present you cant cross examine them so ask for it to be struck out. the judge might say yes or they might say no but if the latter then you will need to rubbish it and object if the solicitor tries to "explain" things other than law.

[anniebattlemum]

OK I see, and since the defendant will be there, she will be available for cross examination, so it's not an issue for the defence. Thx ericsbrother.

[ericsbrother]

the defendant has to be there Either that or send a solicitor and guarantee a lost case. Either side may use a lay representative to help them present but that rep cant answer questions either

Stop jumping ahead of yourself

[anniebattlemum]

Just back from a short holiday, so back on the case!

 

I have now written to the landowner,

the site agent, (both re the contract with VCS),

Tescos HQ and

Tescos local manager complaining bitterly,

without any response from anyone to date.

 

No I'm not unduly surprised.

However, my daughter's MP (Lee Rowley) has been extremely supportive and willing to help as a mediator, but has no legal expertise.

 

He has updated me on Parliament's Q and A situation re the 2019 Act and Code of Practice, but the answers are the usual waffle and so I've asked him to champion the cause & demand progress.

 

I explained there could be no mediation as we don't believe VCS has any entitlement.

No news of a court date yet. 

 

[FTMDave]

Do you ever sleep?  Just as well you had a holiday to have  a bit of a rest

 

More seriously, well done on all your legwork, this Annie is damn lucky, all your preparation will stand you two in good stead for sending VCS back under their stone.

[anniebattlemum]

On a mission Dave! Very good to get your encouragement - thank you. 

[ericsbrother]

so time for things to creak into action yet.

dont rely on it but welcome it if somehting does come up to help

[anniebattlemum]

Minor developments:

 

a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc. 

 

b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!

 

Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?

 

The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 

[ericsbrother]

signage can stay for soemthing like 6 months before it is consdered dead.

Now google the cmpany and find out where they are now, also look them up at companies house

[anniebattlemum]

Yes I already sent them another letter to another address I found, although the original address appears in several places.

 

I'm working on companies' house - thank you Eric's brother.

 

Does anyone have any idea how busy the Chesterfield County Court is likely to be?

I'm just wondering how much time we've got before the hearing. 

[anniebattlemum]

A lot of digging has produced a proud statement from the agents on 18/5/15 that they had moved location.

 

Problem is that the Berkeley Precinct signage still had their old address a year later and it was still there when I took the photos on 11/07/2019, 4 years later.

This was why my letter was returned "gone away".

 

At the very least this should add to the stress and inconvenience suffered by the defendant in this case.

It seems the property is managed by an outfit that prefers to hide its whereabouts.

[dx100uk]

Sandy 01:12
Welcome to Lambert Smith Hampton. How may I help you? 

Visitor 01:23
looking for the managing agent of Berkeley Centre Sheffield S11 8PN I believe that is you?
Sandy 01:23
Let me see how I can help.
Visitor 01:23
thank you
Sandy 01:24
You're welcome.

May I know if you are looking to buy or rent in Berkeley Centre Sheffield development?
Visitor 01:28
sorry sandy very ignorant of me the names xxxxxxxxx. not looking for either, I have an issue with the car parking at the retail centre there , I have been told by the private parking company to contact the agent they signed the contract with them to further my issue, but I work nights so have not been able to do much...thank you
Sandy 01:29
I can understand.

Please give us a call on 020 7198 2000 and a member of the team will be happy to help you.

Alternatively, you could also send an email to [email protected]
Visitor 01:31
can I just confirm i'm barking up the right tree mind...sorry for the questions, things are so difficult being a night worker.
Sandy 01:32
I can completely understand and I tried to search for this development on our website but I couldn't find any information.

I would request you to send an email on the above email address, one of our colleagues will check this for you and pass on your request to the local office in Sheffield.

Our Sheffield office details are 2 St Paul’s Place, Sheffield, UK, S1 2JF.
Tel: 0114 275 3752

[anniebattlemum]

Thank you that's very interesting.

It confirms the agent's address in 2015 doesn't jive with the address on the Berkeley Precinct signage, then or now.

 

I have seen there is an online secretary but didn't think she would be able to do much.

You can also email individuals in the Sheffield office directly, but I was reluctant to give out email addresses and preferred to write a letter.

 

If this produces no response, then I'll go with email.

Do you know whether the person communicating with Sandy above, ever got their hands on a contract between VCS and the landowner?

 

I haven't seen this post before, so thank you.

[dx100uk]

it was me last night

 

you'd be quite safe to email

they are not involved in the claim.

 

dx

 

[anniebattlemum]

That's hilarious! Well done you - excellent role playing! 

I'll give them till the end of the week, then I'll go the email route then.

I've also heard from the city planning department that planning for the development was given in 1963,, but there are no plans available for me to view. All I want to know is whether there were any conditions associated with the planning permission, so will call tomorrow re any stipulation for 3 hour parking.

[ericsbrother]

wont be back then, the govt guidelines have changed multiple times over the years so it really only appears about 20 years ago.

 

Now when a landlord employes an agent they only hand over certain rights to that agent so the contract they had with their agents will decide whether the agent could sign up the parking cowboys at all, let alone give them the right to sue the hapless public.

 

Problem is that judges will take it as read that the LL has assigned all rights to the agent whether there is any evidence of this or not as YOU have to disprove VCS's sad tale.

 

That is a reverse of what the law is supposed to do regarding proof of claim but what the hell, the supreme court has gone that way recently so dont expect a lower court to just say there is no contract because they havent produced one.

 

It does happen and should happen but not as common as it should be.

[anniebattlemum]

Thx Erics brother. I will try to pursue the contract situation.

I seem to be hitting brick walls at the moment:

Planning enforcement say they have investigated in the past - they found that some of the signs at the Berkeley Centre fall within deemed consent as warning signs & therefore don't require advertisement consent - i.e. signs on posts warning people of parking restrictions etc. Larger sign at entrance would require advertisement consent, but it was deemed that in the context of a commercial car park, and causing no significant planning harm, it was not expedient to take further action. So that's that! Bang goes my signage with no permission defence. I have now queried whether that includes the cameras that were installed around 2010.

[ericsbrother]

that last comment is a common one, they arent covered by deemed consent but the planning depts dont ahve the money to chase every sign down and forec its removal and there are no penalties for breaking ther law other then removal

[anniebattlemum]

Re the 3 hour car parking issue

 

that might have been a condition of the original planning permission

-  the planning crew is now saying that they can get a copy of the decision notice to me, but there is no guarantee that it will mention parking. There is also a fee of £35 for this service, for retrieving it from their archives and emailing it to me.

 

I've decided not to invest further in this topic, as Erics brother mentioned above that it's not likely to be helpful since the planning permission for the development of the Berkeley Precinct dates back to 1963, before government guidelines recommended this condition. I'll have to abandon that part of the defence.

 

Actually beginning to feel a bit less confident.

Blank on the signage.

Blank on any car parking conditions associated with the planning permission.

[RichieBoy56]

Regarding the speculation of who will turn up at Court for VCS, I recently saw off VCS at Chesterfield Court for a parking incident at Brookshaw Retail Park in Sheffield.

 

A Mr Wilkes turned up for VCS.

I'm not sure of his legal standing but I did find out from the Moneysaving Expert forum that he had not been allowed to say anything at a previous hearing as he does not have the correct qualifications. Having said that, the Judge in my case did not accept this and allowed him to speak. I think that this was because the Judge had already made his mind up to find in my favour.

 

In my case VCS did not have a current contract with the landowner to operate a car park on the site (they probably still don't but will be issuing 'fines' nonetheless).

 

They had a contract originally back in 2013 for one year, but this had never been renewed.

Mr.Wilkes tried to argue that it was a recurring contract but the Judge would have non of it.

 

VCS ended up paying me £95 for the days expenses. 

This in no way covered the time and effort that I spent in defending but the wife and I had a decent meal out with it.

[anniebattlemum]

Thank you so much for posting this  RichieBoy, and jolly well done you.

 

I will continue to pursue the contract angle, although so far no one has replied and I'm a bit concerned that if I put the agents under pressure, they might just produce a backdated one to keep their leasee off the hook.

 

After all the onus is on VCS to prove they have the authority from the landowner.

[RichieBoy56]

I haven't read your complete post but have you requested a copy of the contract from VCS? VCS did provide one in my case.