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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply 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 car park 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY 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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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VCS PCN Claimform - no stopping - spycar CCTV - Liverpool Airport "offence"


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file ...urm. no spelling check.

 

sols urm.. must have had internet issues whilst typing... with 2 errors me thinks.

 

choose her most local county court or the one easiest to attend IF it ever goes there, for her.

 

use this PDF much tidier

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Cant see why not its free

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay will post both in the morning.

 

Also today we received the letter below.

 

From reading another thread I see this is standard now to take the legals away from ELMS and take it in house themselves.

 

I'm I right to now just ignore this letter?

 

2021-12-06 Elms no longer acting..pdf

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thats his new mate he has conned onboard at Simple Simon towers, won't be around long like the others i bet.

there is no litigation dept, just another desk nearer the bog, with a bloke at it in a different coloured skirt.

he'll soon learn he is onto loser and even get his collar felt by this cilex regulator too and run away.

 

ftmdave quite nicely explain what this means in sev threads with regard to who's in court IF it ever goes that far. bottom line is it should mean an easy win for you with the right WS as a locum knows nothing about the cases they represent.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What have you seen others advised?

And what do you think you can do.?

 

NOT being funny, but this thread is now 167 posts in length, a good portion of which mostly relates to us nurse maiding you at every stage.

 

And we are only at dq the n180 stage.

 

Your 1st post within a few lines says ive read lots of threads......

 

Please for her and your sake get your act together...research..focus.know whats to come and how to deal..

 

We have no issue's with, and you should, always check here before doing anything... But.......try and conclude each stage first to the best of your ability first..

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Jesus I was told to always ask before sending any letters .

 

So this is what I did. So you give me a crappy attitute for no reason.

 

I have been grateful for all the info & help I have received and I HAVE read lots of threads but sometimes they contradict, or are unclear. Hense why I asked for help.

 

You yourself have sometimes given me vague answers so I have had to ask for clarity on more than one ocassion.

 

If you don't wish to help ignore my post and let someone else answer. Other help has always been much clearer anyway.

 

You have a bad attitute to be working for a help service.

 

 

 

 

 

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nope, i will use any tool in my book to make sure you get things right.

we give vague answers because it's oneway to make people research and investigate by searching here on CAG .

 

i've lost count of the times here various CAG members have also asked you to research and read up.

 

its not done to annoy, it's not done to belittle, it's done because simon is a very very slippery customer and WILL exploit the slightest error.

 

you are now fast approaching the most important stage - witness statement exchange and unless that's done in a way that naisl him SHUT, she will have a very difficult time understanding and explaining everything infront of and to a judge. You can't be there, only she can and if you don't 1000% understand what is being put and done, how are you going to pass that understanding on?

 

me and other members can help you all we can and will to the dying end, but if it doesn't sink in...i dread to think of her chances....

 

dx

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.

 

You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.

 

I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.

 

PS I had started to write this before Dx wrote his post just now.

 

Edited by lookinforinfo
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Ok so after I updated and showed my missus, DX's recent replies

 

"she will have a very difficult time understanding and explaining everything infront of and to a judge"

 

and

 

"but if it doesn't sink in...i dread to think of her chances...."

 

My other half has crumbled and will not go to court. Would have been difficult to get her to go anyway and we hoped it would not get this far. Nothing I can do to persuade her now.

 

So does anyone else think it worthwhile to contact VCS (direct or through mediate on the N180 form) to negotiate the figure down from £185 to say the original £100.

 

Or are we on our own now?

Edited by dx100uk
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there is a very very long way for this to run yet hobnail and it might not even get that far if a good WS is done later on, though i would have hoped by now by reading the cases here you would have realised that you wouldn't be able to goto court for her.

 

we know there are serious issues with whom actually own the airport and who is legally allowed to sign contracts on behalf of them with external parking scammers.

 

dont give in

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

My other half received the following letter today in the post.

 

Thought at first they had not received her Small Claims Track questionaire that we sent back on the 9th of December 2021.

 

But it looks like a copy of a letter sent to VCS ltd.

 

It would seem they have not returned their N180 form, as it says the Order is to The Claimant.

 

I recon it could be good news but thought I would clarify?

 

2022-01-12 court order for VCS N180.pdf

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If VCS don't respond to the court with the DQ, the claim will be struck out.

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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 OTHERS

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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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Not a ploy just forgetfulness. 

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 months later...

Had two lettes recently. See attached.

 

Looks like court (date set for May) and seeing as my missus will not go to court would I best be advised to negotiate a lower amount?

 

A counter reduced settlement charge (see VCS letter) or at least wait until after the 13th April to see if VCS pay the court fee?

 

Cheers

 

 

 

 

 

 

N157+VCS begging letter.pdf

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best to wait. you never know and ofcourse no stopping cases are notoriously difficult to win now for simple simon and it's JLA , where i believe there are issues over ownership and who can sign contracts or whom.

 

please remember to name your upload so we know what it is not just a default scan label

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh the you will get hammered for extra costs of £220, if you don't take our offer, Simon has been pulled up on that one a few times as he cannot ask for that in the Small Claims Track, costs are fixed.

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 OTHERS

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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Okay we will wait to see if he pays the court fee by the 13th april.

 

Court is set for  the 11th of May.

 

If he pays th fee then I will try to get a lower amount.

 

Thanks

 

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Attachment edited.

Hobnail, it's a bit difficult to know what to advise due to your OH's attitude.  We generally get people here who are up for fighting an injustice all the way.  We normally don't get the "it's only £60 I'll give in" people because, er, they have already given in rather than come here.

One of the regulars here once said everyone should go to county court once in their lives.  It wasn't a joke.  County court is about as intimidating as a job interview and you learn so much about the legal process.  The hearing may be on-line anyway.

But it's up to her.

OK, see if Simple Simon pays on 13 April and if he does then reply to VCS that you accept the £192.50.

However, we would advise to ignore the letter and turn up in court, as Caggers have a superb record of winning VS no stopping airport cases and Simon has an absolutely appalling record.

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 OTHERS

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

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That extra costs letter has been his undoing before when it was presented to the court by defendant.

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 OTHERS

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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Hobnail

if you are not going to Court then work out the maximum you will  pay and then offer £30 quid less at least.

And in view of the fact that Judges will be crossing out charges any greater than £100 in line with the Government's new Code of Practice [anything higher than that has been labelled a "rip off" by  Government Ministers] that should be your maximum too.

 

Point out that by accepting your figure, they avoid the expense of going to Court plus having to complete a Witness Statement which is time consuming and paying a solicitor which in itself will be around £200 to £250 depending, they would be better off accepting your £70 and at least getting something out of it.

 

You could add that they must bear in mind that should you lose, your wife has an important job that will add a further £200 to the bill and were it not for the pressure of her work she would go to Court. Anything more than £70 and she would be inclined to take it all the way.

 

You could add that by doing it under the counter as it were, this eliminate the need to pay their legal team and the debt collector as VCS could tell them they had decided to drop the charges. 

 

Anything under £100 is a bonus for them as they save paying for a solicitor in Court so there is no reason why you should not share in their benefit and they  accept less than £100.

 

Personally I'd wait till a few more cases go through the Court and see how they fare and point out to your wife that the Small Claims Court is very informal.

 

You only call  the Judge Sir, not Your Honour and the solicitors are usually still wet behind the ears and will probably only have received the defence from VHS the day before the hearing. And the legal people at VCS are rubbish while she has a strong case.

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