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VCS/ELMS PCN PAPLOC now Claimform - residential - Headford Mews, Sheffield, S3 7XL


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HI

I received a speculative invoice  for parking at a block of flats in Sheffield  whilst i attended a job there( i am a contractor) ,

 

i parked in the bay for the property i was attending. I had tones of letters etc and never replied until i was sent a warning about going to court, I then replied with all the evidence, stating pre action protocol etc and denied the debt. Now they are threatening court,

 

I am quite up for the challenge, i think it was my right to park there whilst i attended a job at the property. 

My question is, do i ignore this NOTICE OF INSTRUCTION from ELMS or reply

Many thanks in advance

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you have not received a penalty charge notice, you've received a speculative invoice.

 

please complete this:

 

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

you mean you've already had a letter of claim?

 

hope you've not shot yourself in the foot and I'D yourself as the driver? 

 

scan up all letters and comms eitherway please bothsides to ONE multipage PDF only

read our upload guide carefully

 

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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There are several cases where supremacy of contract scuppered a PPC

We could do with some help from you.

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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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Thanks, what is supremacy of contract. Shall i contact them or just wait for court papers?

 

Thanks for advice, i got the fine in December and ignored, then i got the typical BW legal stuff, i then sent off a letter saying i don't admit to the debt and then received a letter of notification of instruction.

 

Im happy to go to court. Just not sure if i should reply or tell them

vcs letter bfore claim.pdf

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where does anything say this is a FINE please?

 

shame you added to our std snotty letter 

left yourself wideopen now to simon exploiting all those point that are going to form any defence if he issues a claimform through northants bulk

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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

Supremacy of contract is where the parking arrangements are in the lease agreement and trump anything a PPC might do if the space is allocated to a property, and the owner or their relative or a contractor such as yourself parks in it.  We can explain that further down the road if its needed.

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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Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

please 

and 

scan up all letters and comms eitherway please bothsides to ONE multipage PDF only

read our upload guide carefully

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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  • dx100uk changed the title to VCS/ELMS PCN PAPLOC now NOTICE OF INSTRUCTION - reply or not

urm and where does any byelaws play a part in this please 

 

from your snotty letter....

Quote

covered by its own byelaws

 

looks like you've muddled together lots of bits from defences and witness statements into a snotty letter that should have been just a few lines only.

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

no

can you give us all the info we need please like the questionnaire?

we don't even know where this was 

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

copy and paste the questions here...answer each one at the end

then hit submit reply

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 The date of infringement? 21st December 2020

 

2 Have you yet appealed to the parking company yet? [Y/N?] NO

 

3 Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes

 

4 Date Cannot remember but within proper time frame  

 

5 Did the NTK provide photographic evidence? Yes

 

6 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Yes

 

7If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] No

 

8 Who is the parking company? Excel Parking Services Ltd

 

9. Where exactly [Carpark name and town] did you park? 2 Headford Mews, Sheffield , South Yorkshire , S3 7XL, i was working in the property and i parked in the space for that property

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  • FTMDave changed the title to VCS/ELMS PCN PAPLOC now NOTICE OF INSTRUCTION - residential - Headford Mews, Sheffield, S3 7XL

As well as Supremacy of Contract, I've just noticed you sent the snotty letter to VCS, whereas you state the PCN was issued by Excel.

 

Although both companies are owned by the same shark, Simon Renshaw-Smith, they are legally completely separate entities, and one company cannot sue you for a debt with the other company.  Simple Simon has lost in court on this point several times.

 

Can you give us a brief description of what happened, keeping in mind VCS/Excel?  Who were you working for in Headford Mews?  Which company  name was on the signage (if you can remember)?  Which company sent you the PCN?  And the reminder letters?  And the Letter Before Action/Letter Before Claim?

 

Plus, is this place near to you?  If you could go back and get pictures of the signage it would really help and would clarify matters.

 

EDIT: as dx requested above, can you please redact & then upload as a PDF all the communications between you & VCS/Excel.

 

 

Edited by FTMDave

We could do with some help from you.

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Yes but it was excel then they passed it to vcs and now elms. I just want to know if i reply to them.  Plus,  advice given,  maybe not here,  was to be snotty. However,  you've made me feel really crap about sticking up for myself.  Thanks everyone

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Right if you clarify and do as FTM and DX ask regarding upload So Excel issued the Invoice and VCS are instructing Elms to chase, so VCS are going to sue not Excel when push comes to shove.  Issue of capacity to take action, Simon has shot himself in the foot potentially as mentioned by FTM.

We could do with some help from you.

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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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2 hours ago, Hideyspidey said:

Yes but it was excel then they passed it to vcs and now elms. I just want to know if i reply to them. 

Excel can't pass the case to VCS.  It's got nothing to do with VCS.  Simple Simon has made a huge mistake which you can exploit.

 

You've already been through Pre-Action Protocol.  You got a Letter Before Claim.  You replied that you're not paying.  There's no point in sending any more letters.  It's now up to Simple Simon to decide if he has the gonads to take you to court.

 

You have a brilliant chance of seeing this off due to both Supremacy of Contract and Simon's Excel/VCS mess up.  So to work out how best to exploit this second point - can we see the redacted correspondence please?  

 

 

We could do with some help from you.

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Thanks.  Have you still got the original PCN?

 

Plus, is this place local to you?  Would it be easy to go back and get photos of the signage?

We could do with some help from you.

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Simple Simon might give in after you fought back confidently with a snotty letter, or he may still take you to court.  He has phases of issuing court claims like confetti.  After all, it only costs £25 and can be done in under a minute on a computer as his claims are all copy & paste.

 

You're in a great position to smash any claim, especially due to this Excel/VCS mix-up - as long as you gather evidence now.  Which company was shown on the car park signage?  Which on the PCN?  Etc.

 

This should all have been done in January, not at the last minute when a claim form could drop through your letter box tomorrow, and you should never throw away the paperwork when you're in legal dispute. 

We could do with some help from you.

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Make sure the signage is definitely one or the other keep any pictures safe with time date taken, as they do change stuff and then submit the new signage as being in place at time.

We could do with some help from you.

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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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Yes, I was thinking SAR too.  Send two off - one to VCS and one to Excel.  Separate envelopes.  Get two free Certificates of Posting from the post office.

 

The reason I ask about signage is because it's important to know whether Simple Simon put up signs with Excel on them, or VCS, or indeed both (such idiocy has been known!)  Are you on good terms with the people you did the work for?  Could they take some pix?

 

 

We could do with some help from you.

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