Jump to content


VCS/EXCEL/ELMS default CCJ 'no stopping' PCN - BP Garage East Midlands Airport DE74 2SA - Set Aside Telephone hearing help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1225 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

eh?

the court write regarding a default judgement not the claimants solicitors...

 

i'll ask again as I did in post 6 as you are all over the place and firing bullets randomly..

scan up all the paperwork you have to one multipage PDF please , read upload guide carefully..

so WE can understand the full story ...not your interpretation of it.

 

the relevant cases are all here in this forum or in parking prankster site.

 

 

 

  • Thanks 1

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... 

Link to post
Share on other sites

elms legal cant add anything to a default judgement because they have to use a field agent

they are not bailiffs

 

 

 

 

  • Thanks 1

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... 

Link to post
Share on other sites

37 minutes ago, 50437 said:

Between NTK and Court claim form there was letter from ELMS legal. Saying they got default judgement. 

That cant be so, they have to send you a lba and then issue a claim where the court sends you a N1 summons and invites you to respond in the given time. The default only happens after you fail to respond to the N1 claim in time or submit such a vague response it makes no sense as a defence.

 

You had better go back through your paperwork and put everything in chronological order and then tell us what you had and when so we can help you with the detail of the actual claim but for the moment get your form in with an outline of what your defence will be/why their claim is defective.

 

  • Thanks 1
Link to post
Share on other sites

I have lots of document coming thru now

can I have the front page of the claimform with the Particulars of claim

and the default judgement too

  • Thanks 1

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... 

Link to post
Share on other sites

documents here

 

all docs 1.pdf

  • Thanks 1

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... 

Link to post
Share on other sites

Today, I have been sent dozens of pages of what looks like VCS defence for ky set aside. Hearing is 1st june. Could someone help me with a successful response to each of their points? 

Link to post
Share on other sites

Well be up here later

Its a ws as such and you've already filed you set aside statement

this is why we say not to throw the kitchen sink at initial defence nor at a set aside

 

but as the area is covered by byelaws..it matters not what they've sent

 

 

  • Thanks 1

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... 

Link to post
Share on other sites

No everything to date is exactly how a set aside progresses

 

which is why you should have posted the minute you got the letter before claim instead of going it alone and making such a pigsear at every stage since......

  • Thanks 1

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... 

Link to post
Share on other sites

  • Thanks 1

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... 

Link to post
Share on other sites

Please clarify... Is According to section 44 of the Companies Act 2006, for a contract to be executed/VALID it must have two authorised signatures from each party and dated if so who is Ian Woodcock? Is he really from Harvest Energy Ltd? 


https://beta.companieshouse.gov.uk/company/02999020/officers. Doesn't exist? 
 

 

Some good samaritan pointed out that the original PCN/NTK was for allegedly "Stopping in a zone where stopping is prohibited" but the court claim at para 24 says, "Stopping to drop off/pick up."? They fooling the courts? 
 

 

The contract does it even mention the no stopping, no pick up or no drop off or no parking rules and limits? 

 

 

 

Please Anyone can comment on other points mentioned? 

Link to post
Share on other sites

there are no such 'rules' at EMA airport under the byelaws, they are simply unenforceable speculative invoice contract twaddle..

your other points are immaterial  read no stopping topics here on cag.

 

 

 

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... 

Link to post
Share on other sites

They found their claims under Contract Law, as bye laws apply VCS have no locus standi to claim against someone who stops, as is Prohibition, so formation of a Contract that imposes a liability to pay anything is impossible. Do as DX suggests read up and you will see where to attack them.

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!

Link to post
Share on other sites

On 09/05/2020 at 20:44, 50437 said:

I was trying to get the passenger to find the evidence like the receipt, then tried the store itsself, then went over to bank statement where we found it. Then writing the defence took ages, but thanls to all contributers on the internet, adapted something. 

I

 The parking note provided says there was a section 46 infringement. Isnt this a regulation? Parking in a red Zone ?

 

 Yes identifying the driver is important,  but what has private parking to do with this?


 

 

 
 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Because a PPC got a CCJ under Contract Law, they have no locus for alleging a Contract for  stopping in a prohibited area and obtaining a CCJ for it.  VCS are being very naughty with these cases where they cannot lawfully claim a bean.

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!

Link to post
Share on other sites

Thank you BN

 

hey are v naughty indeed,

 

So what legislation should section 46 be enforced under? One of the decriminalised parking acts?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Think its police and Magistrates, its not within the remit of a PPC and is not a Parking Event, they have invoiced people stopping at a zebra crossing at airports before now.

 

main thing here is to help 50437 formulate a response to show that CCJ was wrong, and would not have been viable after Set Aside as there was an adequate defence.

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!

Link to post
Share on other sites

a discussion thread has been created here

 

so the OP's doesn't get hi-jacked.

 

dx

 

 

  • Like 1

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... 

Link to post
Share on other sites

On 15/05/2020 at 14:24, Peterbard said:

Thank you BN

 

hey are v naughty indeed,

 

So what legislation should section 46 be enforced under? One of the decriminalised parking acts?

 

No, it is enforced under the byelaw.

 

The airport authorities do a private prosecution through the criminal courts but this costs them a fortune and they dont get costs hence their willingness to allow a bunch of bandits run amok.

 

However, that is by the by as you have been sued by a private company that doesnt actually have any authority to take you to court and has relied on lies and your inaction to get where it has.

you will be undoing that wrong

Link to post
Share on other sites

  • 2 weeks later...

Hi thanks for this 2.30pm today is the hearing 
"

can a parking co offer you a contract for parking at an airport etc?

Yes if the contract doesn't tread on the toes of the bye laws and the parking co have the necessary authority.

 

Now  that raises another problem not covered by the bye laws because they have supremacy of contract so for the new contract to be legal it needs the bye laws to cover the grant of the authority to the parking co and they dont and nor will the govt change the law to allow such an authority to be granted.

 

This means no parking co has locus standi.
"

hopefully this works

 

Have been awarded 13.3 - discretionary. thanks so far.

Now comes directions - will need your guys help again. please

Link to post
Share on other sites

they cant override a supreme contract and they HAVENT offered you a aprking contract. That is very different

 

their changing their reason for the action will also cost them as the claim must match a term on the conditons of parking so a prhoibitive condition isnt a contract and the wording is different so no breach of THE contract can have occurred.

You dotn owe a shopkeeper money for looking at his wares, he cant sue you for the cost of his lighting and heating used whilst you were in the shop.

 

You have plenty of ammunition adn I bet they drop the claim now to save costs so beware of any communication fro them, dont respond before asking for advice

  • Thanks 1
Link to post
Share on other sites

  • 5 months later...

I received a letter from VCS claiming that I should know I will lose the case because they have a string case against Me.

Then I received a letter from VCS a few days before the telephone hearing saying that They dropped all charges. I ensured to get a written confirmation from the court that this is correct so that they can't open another claim against me.

Thanks for all your help.

Do you guys reckon that I would succeed If I sue VCS and ELMS Legal for the anxiety, time and pressure they put on me, the money I spent to formulate a defence and all this during the first stricter lockdown period. They continually threatned me from October of last year to now. 

Link to post
Share on other sites

So they have dropped the case and you have confirmation? Well done.  Might be better to use GDPR against them, others will be able to advise on that part

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!

Link to post
Share on other sites

Firstly, I'm glad things have worked out for you in the end.

 

You won't like this bit, but you haven't got a hope in hell of suing VCS for anxiety, and indeed GDPR in this case.  You brought the majority of this hassle on yourself by ignoring a county court claim form.  The claim form clearly stated the deadline for defending the claim.

 

Just to be absolutely sure you're in the clear here.  I take it you got the set aside, then VCS discontinued their claim, plus the court have confirmed this.  Is that right?

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

Link to post
Share on other sites

urm do i see a pattern developing here with simon.

 

yes GDPR claim against them

think there is one already progressing here. 

 

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...