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    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. 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 only contracted 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. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Never waste your time writing to dcas it only gives them ideas way above their rank- which is still well below a dog turd mind you.

But the keeper should 

 write to VCS who will then inform the lesser human beings that work for them.We are talking at amoeba levels now and that was just for VCS.

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doesn't need to be registered just 2nd class with free proof of posting from any po counter, simply referring to their ref number giving your new address.

 

now debts on your credit file? have you any?

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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well done

 

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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I count approximately 10 letters in this thread demanding payment with no court claim issued.

 

Has it ever been discussed whether or not to send a cease and desist thus laying the ground work for a claim for harassment. I.e. put up or shut up...

Perhaps this is not advised so as not to bait the claim.

 

I wonder whether the fact the demands for payment come from different "companies" each time is by design in order to circumvent any cease and desist request, and whether this would actually be effective in doing so.

Edited by FruitSalad1010
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  • 3 weeks later...

Hello me again,

 

It would seem to me they have now escalated my partners "fine" to the next level. Witha letter before claim from ELM Legal arriving today 27th Sept.

 

See attachments.

 

As it's from a legal firm and stating extra "costs", is now the time to contact and send them a rebuttal letter?

 

I did notice the letter is dated 24/9/21 arriving 27/9/21 but claiming payment must be received before 23/9/21!!

 

Is this a scare tactic?

 

Looks like to me anyway I need to answer this letter.

 

Thanks in advance.

 

ELMS Letter of Claim.pdf

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simply reply with one of our snotty letters.

there are 100's of elms/vcs airport ones in relevant threads

 

use our enhanced google search box

 

have a go post it up we'll check it.

 

they cant dictate payment 'times' they must give 30days for a reply anyway before/if they with to issue a court claim via northants bulk.

 

dont think they've won one john lennon case if it ever happens and IF (ESSENTIAL) its defended properly following our FREE advice.

 

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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I was about to post to ridicule them in the snotty letter stating that you don't have access to a TARDIS, but thinking about it, er, no.

 

Their mistake means they haven't respected PAPLOC and if they do do court you can bring up that you received a Letter Before Claim demanding you pay before the posting date of the letter.

 

Yep, as dx says, search for a snotty letter and post a draft up.

We could do with some help from you.

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My Road
My Town
My County
My Postcode

Date xx xx xx
 

Your Reference No. xxxxxxx

Dear Elms Legal,

 

With regards your letter date 24/7/21.


Thanks for the letter before claim. So you seem to think I owe you money?


I had a great laugh at the idea you actually thought I'd take such nonsense seriously and pay you my hard earned cash.


You see I know that your claim has no basis in law whatsoever.

Also your attempt at messing with the dates on the letter – dating it 24th Sept but saying I have to pay before the 23/9/21 is hilarious. I don't have the ability to time travel.

It's an obvious scare tack tick or the junior you got to write the letter is thick as two short planks!

So seeing as you now know that I know this, you have two options really.

Your can either drop this hopeless case or we will go to court where I will embarrass you and also go for unreasonably high costs.

It will be easy money for Christmas for the family and me.

Full Name.

 

DO I SIGN?

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Good - and fast - work!

 

Cut out the bit about time travel though, I know it was me who suggested it, but on second thoughts the fact they haven't complied with PAPLOC could be used against them in the future, best not to let on as they may then send you a fresh, decent Letter before Claim.

 

It's "go for an unreasonable costs order".

 

Write at the bottom COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD

 

If none of the other regulars have comments, invest in two 2nd class stamps tomorrow and get two free Certificates of Posting from the post office.

 

 

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

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My Road
My Town
My County
My Postcode

Date xx xx xx
 

Your Reference No. xxxxxxx

Dear Elms Legal,

 

With regards your letter date 24/7/21.


Thanks for the letter before claim. So you seem to think I owe you money?


I had a great laugh at the idea you actually thought I'd take such nonsense seriously and pay you my hard earned money.


You see I know that your claim has no basis in law whatsoever.

 

 

So seeing as you now know that I know this you have two options really. Your can either drop this hopeless case or we will go to court where I will embarrass you and also go for an unreasonable costs order.

 

It will be easy money for Christmas for the family and me.

Full Name.

 

DO I SIGN?

 

COPIED TO SIMPLE SIMON, VEHICLE CONTROL SERVICES LTD

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God no pc print

 

good work let it be checked

 

DX ....ftm is our master

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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Yes.

 

The letter you've prepared is excellent.

 

Just send it with your full name but no signature.

 

Get the two CoPs.

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

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Hobnail you don't know Elms too well yet.

 

I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice.

 

They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.

Edited by dx100uk
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  • 2 weeks later...

Hello people.

 

I have now received two letters this week.

 

One from VCS ltd that basically says Elms Legal are dealing with it.

 

The other is from ELMs legal and it looks like they are going to take us to court!

 

They are saying "As advised legal
proceedings are due to start from 30/10/21"

 

It didn't say anything about this date in any previous letter. Is this just more BS and scare tactics then?

 

Didn't think it would get this far.

 

What is my next move?

 

My other half getting a bit worried as it's in her name and she's not up for court.

 

Cheers

 

 

docs1.pdf

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It may be another scare tactic, but it's just as likely they mean it as VCS are the most litigious of the PPCs.

 

Anyway, yours is not the next move, you've told them to do their worst, you'll see in November if they have the gonads to go ahead and do court.

 

 

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

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legal proceeding could simply mean sending another loc..stop panicking its why they send these cleverly worded letters.....people wet themselves....

 

oh and as for accepting a payment plan...they cant..they are not a creditor register with the fca

 

 

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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Cheers for the reply.

 

I'm not panicking or wetting myself. The missus was a little as it's her name and vehicle in question.

 

I guess we will just wait and see what happens at the end of the month.

 

Have VCS ever taken anyone to court and won?

 

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of course,  but very few lost cases on here if you go look and follow our advice should that happen

 

 

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...

Hello good people

 

We have recieved a claim form the county court business centre.

 

It's now gone from £160 to £245 with court fee and legal fees.

 

The missus isn't very happy with me but I'm still wanting to fight it on her behalf.

 

What is the next step for us?

 

Came across this thread whick looks exactly the same......

 

Do I follow the intructions above?

 

Cheers

 

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