Backdoor VCS windscreen DYL with BB PCN - Salford quays

[dx100uk]

Better than avg chance yes should you defend a speculative invoice claim.

However that boat has sailed and any issues with signs contracts planning and land ownership or right to sue are paperwork wriggles and a ccj judgement trumps all that sadly.

 

The only way might be if the claimant tollchocked you out of some money by inflating what was owed with unlawful extras, thus the judgement sum is incorrect.

[FTMDave]

We have had other cases where motorists have had CCJs set aside. Using our search bar above, do a search for "Backdoor CCJ". 

 

How serious would it be for you to have a trashed credit file for six years? 

[Larissamj]

Thanks Dave, I’ll have a look.

 

It’s a real pain to have this. I run my own business and it’s suffering badly with the covid situation, so I applied for a loan, for cash flow reasons.  I’ve had really good credit score for about ten years, so I was shocked to be knocked back, which is what led me to check my file.

 

This probably means I will lose my business and then I’ll struggle to pay bills etc.  My business is very young and only stated in January 2020, so I’ve not even recouped my start up costs and aren’t entitled to any of the covid grants or loans.

[brassnecked]

What was the judgment sum and its breakdown?, as if sue as Keeper several elements that the driver could be sued for might be inapplicable meaning judgment sum as alluded to by DX would be incorrect, they inclused unlawful fees inapplicable to a Keeper.

[Larissamj]

Hi brassnecked, I’m not sure yet, I won’t know until I get the paperwork emailed over from the court. They said they’d send it, but haven't, so I need to chase it on Monday.

[Larissamj]

Hi brassnecked, I’m not sure yet, I won’t know until I get the paperwork emailed over from the court. They said they’d send it, but haven't, so I need to chase it on Monday.

 

its finally come through, but not too much info on there, can any of you make more sense of it for me? 

 

1. the claim is for a breach of contract for breaching the terms and conditions set on the defendant's vehicle, was identified in the turning circle and taxi drop, the quays on the 14/06/2016 in breach of the advertised terms and conditions; namely parked in a restricted area of the car park.

 

2.at all material times the defendant was the registered keeper and/or driver.

 

3. the terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. 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.

 

4. 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.

 

5. the claimant seeks the recovery of the parking charge notice,

 

[FTMDave]

Sorry to hear the effect this is having on your business.

 

Are The Quays near to you?  If so it would be worth going there and getting pictures of the signage, then we can see if the signs really are "clearly displayed at the entrance".

[dx100uk]

what about the breakdown of costs?

that POC should state it.

 

 

[Larissamj]

That’s all I was sent, will there be more, or could that be it?

 

I’ve had a quick look on google maps and the pics (from 2019), do show that there are now signs, but they weren’t there in 2016.

[dx100uk]

On 11/02/2021 at 14:05, dx100uk said:

check the obv guys that this isnt port of authority land (byelaws)

and i believe if my history is correct this used to be excel signs up not VCS.

see an old thread here for Salford quays

 

the above 2 points need investigating.

 

like the land might? be covered by byelaws so VCS had no right to take you to court

and/or

the signs in 2016 said EXCEL?, VCS took you to court, a totally different company.

 

and did you not ask for a copy of the judgement CCJ by email PDF too from northants bulk? should show costs though earlier you said it was £185 so undoubtedly unicorn food tax has been added too

[brassnecked]

Which would be over recovery for a Keeper

[FTMDave]

dx has dug up points that could change everything.  They need to be investigated.

 

You wrote that you took photos at the time.  Have you found them?  Can you upload them?

[brassnecked]

Yes photos could blow VCS case if they are trying the same company trope they have lost on before.

[Larissamj]

I definitely have photos somewhere, but as yet, I’ve not recovered them.