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Legggy

VCS PCN Berkeley Centre, Sheffield, Letter before Claim

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Hi all,

 

I have the same situation as By sh3ffield in that I've been using the Berkeley Centre, Sheffield for years and it always had 2 hr free parking and I only became aware of the change after receiving the NTK. 

 

I have not appealed or responded in anyway so far as advised.

 

I have the letter before claim also 

now so should I send the response as suggested by ericsbrother (below) ; or do you advise a separate course of action here?

 

"Address letter to Simon Renshaw-Smith at the VCS office in Sheffield

Dear Simple Simon,

I am in receipt of your LBA but fail to see what the cause for action by VCS is against me as the parking at the site and thus any contractual offer and consideration is with a different company that according to Companies House has no relationship with VCS.

As there is no cause for action this makes me wonder what reason was given to the DVLA for the aceesssing of my personal data and so invite you to drop this ridiculous claim  before you spend even more of your money on this by way of settlement of  a counterclaim as per VCS v Phillip, Liverpool CC Dec 2016.

I look forward to your deafening silence."

 

 

Attached are my NTK to Letter before claim.

 

Hope you can help

 

 

vcs_excel_Berkeley_Sheffield__ntk_to_letterb4claim-min.pdf

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As each case is different could you answer the questions on this and post them then we can advise specifically on your issue.  can't see the letter harming your case as it shows you are trying to avoid them spending money on a claim likely to fail.

 

 


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35 minutes ago, brassnecked said:

As each case is different could you answer the questions on this and post them then we can advise specifically on your issue.  can't see the letter harming your case as it shows you are trying to avoid them spending money on a claim likely to fail.

 

 

Hi brassnecked, I have not received a court claim yet so am at the letter before claim (lbc) stage so can't complete this yet or can/should I be using the lbc? Sorry I am new to this? 

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:rockon:


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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keep it ready in case they do after you send the snotty letter.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They have sent all the paperwork ie ntk up to lbc with an incorrect spelling of my name.

 

Looks like the person I bought the car off spelled incorrectly hence dvla have an incorrect spelling but I never clicked on beforehand.

 

Firstly I will need to find the log book and contact dvla of the correct spelling.

 

What does this mean for me as far as VCS are concerned?

 

Should I still send the snotty letter? 

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yes


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

spreadsheets 

 

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incorrect spelling of name immaterial, they could lawfully just address the letter and court claim to "John" if you are known as that.

 

Now the point about my suggested letter is that VCS have issued a demand when Excel are in charge of the parking at the site and they are 2 separate companies with no ties according to companies house so VCS have no interest in the matter (locus standi).

 

they have lost court cases like this before so it is always worth using the letter telling them you know they dont have a cause to chase you as they arent he people with the agreeemnt there.

 

now simple Simon renshaw-Smith owns both companies and he likes to claim that they can swap things around as they see fit but this isnt true but beware that some judges will accept agency between the companies even where there is no evidence of authority to do the swap so that menas you will need to challenge this point all the way down the line if it goes further and understand somehting of third party rights and contracts and obligations.

 

i would send the letter by all means but also ask the DVLA who has obtained your keeper details so you can at least show the wrong comapny ahs doen that and thus breached their KADOE contract with the DVLA and thus damaging their claim about agency

 

the change in terms at the site is irrelevant so not worth emntioning, if the signs are placed correctly that will be immaterial so you should also make a map of where the signs are, what they say etc and photogrpah any that are different and note their location.

 

Do the same for the payment machine as that is what makes the contract when you agree those terms and feed the meter.

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Defence submitted 

1. It is admitted that Defendant is the recorded keeper of the vehicle in question.

2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a. The car park signs are owned by Excel parking. Under CPR 31.14 I have requested evidence of the claimants contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.

3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was not contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

N180 will be submitted in the next few days as due 27th

 

 

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