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    • First of all, liability is completely with the seller. Not only that, because the seller assessed the situation and specified a particular solution for £2034, that is all you should have to pay even though it now turns out that the equipment you need is more expensive. In other words, there is no reason why should have to pay a single penny more than the original agreed or expected price. A contract is an exchange of reasonable expectations. Lumb expected to receive £2034. You are expected to receive a solution to your glass washing problem. He did not contract for a specific machine. You contracted for a specification which you were informed by an experienced professional would satisfy the needs of your business. You paid 100% – but you received in exchange less than 100%. Even though the required equipment might be more expensive than that which was specified, if that's what it takes to provide the solution that was promised to you by Lumb, then that's what you are entitled to get and you shouldn't be required to pay any more for it. Please let me know if this is getting a bit too technical in legal terms. I understand that the moment that you don't have an adequate glass washing machine. Clearly for the sake of your business, you need to get this issue resolved quickly. If you hold out and have an argument about money which has to be paid or not paid et cetera then you may well find yourself several months down the line without the last washing machine that you need. You may well find that you will have to sue Lumb on the contract that you made. Obviously you are better placed than me to understand what you need and what you can afford, but I would recommend that the best thing to do is to pay whatever Lumb demands at the moment in order to get your existing glass washing machine exchanged for the model which addresses your needs – and effectively provides you with the solution that you paid for in the first place. Then afterwards, sue Lumb for the money back. We'll be happy to help you. I would rate your chances of success at better than 90% in the County Court. An added advantage of this is that once you have the new machine in place, you will be able to assess its effectiveness and its adequacy to your needs – on the off chance that also has been under specified. Handling it this way will have the advantage that you will have a new machine installed probably in a week or so, you can get on with your business, and then you can embark on a reasonably cheap piece of litigation because the amount of money that you will be suing for won't be too great. The alternative will be to stick with your existing machine, having to put up with the inconvenience et cetera and then eventually suing Lumb for a much larger figure – the value of the replacement machine. An additional advantage would be that if you are suing for smaller sum, then it is much more likely that Lumb will put his hands up and pay you out because it simply won't be worth his while digging in on a dispute with only a few hundred pounds. Of course you can't guarantee this. Some people take this kind of thing personally and they try to resist even though it makes absolutely no business sense at all. If you want to do this, then you possibly need to flag up to lump that you're prepared to go along with what he is insisting but also make it clear that you're not happy about it. You certainly shouldn't sign anything that says that you agree this in settlement of all disputes. Or anything like it. If you end up being presented with something like that then let us know. But probably that will mean that you will have to sue for the new machine with all the business inconvenience that that entails.   Of course if you feel that you need to retain a good relationship with Lumb because of possible future dealings, then you may need to consider your entire approach to this problem. Another part solution might be to threaten Lumb with an action for all of the excess costs of the new machine plus the engineers visit – and then back down and agree to pay the entire cost of the new machine as well as he will forgive the engineers visit. This is a compromise that Lumb might find attractive because he will be able to save some Face. Often it's all about Face. Frankly if you think you don't need the guy in the future then I would be going for the lot – but you know your own business interests better than I do. Does this make sense?  
    • Ok another update and its all rather confusing, ive been trying to work this out for hours now and I cannot make any sense from it all.   Apparently the meter was put in on the 1st of April, I was sure it was July. However what makes sense is that I gave a reading in August, which I thought was for the month but it was for the quarter. I must of written it down wrong for a monthly reading, when it should have been written down as a quarter reading. I may have wrote the date down wrong when to read the meter.  However I do know that I contacted bulb a week before the meter went in, that I am very sure of. Which would of been about the 27th, They have it registered that I gave a reading on the 29th of March. However they have an opening reading from the 12th of March.    Im confused with that date as I know I contacted them a few days before and they put the meter in as an emergency and was definitely done the following week. Despite my memory being shot at the moment I do have some dates written down and the date of the change is on my meter. However its a little hard to read, it does look like the 1st of the 4th but it can also look like the 1st of the 7th. I was with 2 previous companies so July would make better sense. I moved into the property mid January, EON was the provider and I changed that within the first month so would have been February, then I went with OVO and changed them as they couldnt provide the normal meter for about 6 months at the time so changed to Scottish power. I know I was with them for at least a month before I contacted Bulb as they also couldnt change the meter to a credit meter.    So April doesnt seem to fit here. Im still trying to find any paperwork I might have to verify all this but I know everything was done via phone and online. I wish everything went back to paper bills, it was so much easier to try and trace back.    Anyway they have done a closing account for the prepayment and im a little confused at this.   The charges from the 12th of March 2019 to the 4th of April 2019 are £376.91.     Now I know that there is no way I put this amount in the prepayment meter. I had no heating on in that month, I remember it was such a mild Spring and I rarely had any heating on as this bungalow is very well insulated. The most I topped up in just one week was £25. So how they can justify that amount, I cant even guess.    Im worried they will use this amount to estimate my usage. I still cant get to read my meter, even if I stand on a ladder as its so high up and it just looks like a bunch of zeros, Ive even taken a photo but it still looks like a bunch of zeros, even when blown up. It was hard to balance on a step ladder as it was with one hand trying to take a photo, so not the best.   Ive managed to get into a link they sent me, its a portal. The balance is showing nil owing. and there are no statements showing.    So basically all they have sent is a closing balance on the prepayment meter and log in details for a portal with zero balance. Ive requested the meter be read. Which I keep asking for, but my landlord will come and try read it for me so I can send it.  Im just worried when I do im going to get such a large bill I cant pay. These people just seem so elusive on what I should do despite asking these questions. The only answers im getting doesnt seem to make any sense.    I know its partly my fault, I should of kept at them, but its not been an easy couple of years. 
    • But they added £60 on top of the £100 before court costs Thanks though, how do i file a defence , do i do it by hand?
    • If the hire purchase agreement ends in your husband's name then it will be your husband who will have to bring any complaints, bring any legal proceedings – et cetera. Write to Blue Motor Finance in the way that I have suggested. Point out that you have asserted your rights under the consumer rights act to reject the vehicle and that is the end of the matter. Tell them to start making arrangements to refund your the money and tell them that you won't stand for any nonsense. If you have pointed out to them already tell them that there will be legal proceedings unless they sorted out extremely quickly. What have you done to get rid of the car? If you've got Blue Motor Finance's prevarication in an email that that is excellent and you will use that against them. This thread has already been tweeted out to them and they will see the tweet on Monday and they will understand that they are been discussed on social media – and that it doesn't look very good. I'm sorry to say that you have to keep the pressure on very hard. You expect this of these kind of car dealers. You don't expect it of a regulated finance company – but am afraid that some of the poorer ones do act like this all too often. You can certainly call them if you want. What you definitely want to see what a reference number and if you call them tell them that it is a complaint. You can also tell them that they are been discussed on social media. Please keep us updated. I'm afraid that this is unlikely to be the end of it.  
    • So got the official judgement  sealed on 15th June , but refers to handed down 9th June    doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ?   also I’m hoping it’s the legal jargon -    bur says each defendant is to pay  £25,000 and interest £1644    I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644    rhey don’t actually order us to pay 54,000 for a  25k claim ???!!    
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VCS/ELMS PCN PAPLOC now Claimform - residential - Headford Mews, Sheffield, S3 7XL


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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 defe

So to sum up.   1.  Please fill in the forum sticky.   2.  Register on MCOL and acknowledge service.   3.  Send a CPR request to the fleecers or their solicitors if they

VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA ***Claim Dismissed*** - Page 3 - Private Land Parking Enforcement - Consumer Action Group   read this thread  and s

3 SARS's sent. 2 to VCS as the bottom of one of the letters they set me has a slightly different address, but both EXCEL and VCS have same address.

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They are both ownd by same fella.who oses them interchangeably suing for Excel as VCS and vice versa.

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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Yes, you need to acknowledge the claim and will be submitting a short defence initially.

 

Please let us have the details from the forum sticky and we'll take it from there. The date on the form is important for the timing of what you do next.

 

 

HB

Illegitimi non carborundum

 

 

 

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Thanks.  I'll look at dates tonight.  

What do you mean by

Please let us have the details from the forum sticky 

I have the original privacy notice that they put in my car. Can I post a photo of it?

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  • dx100uk changed the title to VCS/ELMS PCN PAPLOC now Claimform - residential - Headford Mews, Sheffield, S3 7XL
5 hours ago, Hideyspidey said:

Today I have received a claim form for court.  Shall I defend?

Of course you should defend.  As you said in post 1, you were a contractor and had every right to be there.

 

On 11/05/2021 at 14:10, Hideyspidey said:

No I'm in Lincoln.  I could try though.  No original pcn threw it away considering it came just before xmas

To be blunt, that was just stupid.  It takes less physical effort to keep something in your house than to throw it away.  You now have to construct a defence without knowing which of these companies originally pursued you.

 

However, there is a solution, to file a generic defence now and to get the information from the SARs for use further down the line.

 

You need to get photos of the signs in Sheffield.  Can the person you did the work for help you out? 

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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So to sum up.

 

1.  Please fill in the forum sticky.

 

2.  Register on MCOL and acknowledge service.

 

3.  Send a CPR request to the fleecers or their solicitors if they are represented  https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-on-receipt-of-a-ppc-private-land-parking-court-claim/

 

You have 33 days to file a defence which gives time for the SARs to turn up and hopefully the photo problem resolved.  I see we have someone who has a court case against VCS shortly at Sheffield county court.  You could post on this person's thread and politely ask if they could take the photos.  Nothing ventured ...  https://www.consumeractiongroup.co.uk/topic/419686-vcs-anpr-pcn-paploc-now-claimform-double-dipping-st-marys-gate-retail-park-s1-4qz/page/2/#comments

 

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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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3 hours ago, Hideyspidey said:

I have the original privacy notice that they put in my car. Can I post a photo of it?

I don't know what you mean by "privacy notice" but yes, please post up all the evidence you have.

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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Itv was what they left on the car.  Here now and got picture.  Says VCS but first letter came from excel. 

How do I put photos up? 

Also,  the area around the block is very rough. I was a lone working female in the dark carrying a ladder.  They expected me to park a long way away! 

 

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So the usual VCS/EXCEL trope Simple uses.

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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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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Name of the Claimant ? Vehicle Control Services

 

 Date of issue – 24th May 2021

 Date to acknowledge = 11/06/21

Date to submit defence 25/06/21

 

What is the claim for – 

 

1.The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendants vehicle (reg no) was identified in the Headford Mews on 22/12/2020 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit.

 

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 he outstanding liability.

 

5.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the total value of the claim?

£245

Amount claimed £160

Court Fee £35

Legal costs £50

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

The letter I received contained insufficient detail of the claim. They sent me a vague and un-evidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Their letter lacked specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2.

The letter came from VCS not Excel

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

 Did you inform the claimant of your change of address? N/a

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Originally came from Excel Parking

 

 Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Sent SARs 10 days ago

 

parkingsignpdf.pdf

 

I have registered on MCOL, do i fill anything out yet?

 

So just to update you

 

  1. I have registered on MCOL, but not completed anything else
  2. Sent 3 x SAR's 10 days ago and got proof to ELMS LEGAL, VCS, EXCEL - No replies forthcoming
  3. Will post CPR on Tuesday registered delivery
  4. Completed forum sticky

Thank you everyone so far

 

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You need to start working on a short defence, normally three or four points, assuming you've already acknowledged the claim.

 

HB

Illegitimi non carborundum

 

 

 

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pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

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 [1 in the count]

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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4 hours ago, Hideyspidey said:

I have registered on MCOL, do i fill anything out yet?

You need to acknowledge service.

 

4 hours ago, Hideyspidey said:

Will post CPR on Tuesday registered delivery

Up to you, but normal postage with free Certificate of Posting is legal proof of delivery.

 

You uploaded a photo of a sign.  Where has this come from?  Is it something Simon sent?  Or is it a photo you've had taken yourself?

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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and the privacy notice please

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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Good work.

 

So we're waiting on the SARs, but the best guess is that this is a VCS car park, Simon's teaboy then made a schoolboy error and send out an Excel PCN, after all of the later correspondence and court claim were from VCS.  That means you've never received a VCS PCN, had no right of appeal, etc., etc.

 

That's aside from you having every right to be there.

 

It's not looking good for Simon ...

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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This Simon man sounds a complete...... 

So I keep my defence short, and to the point.  

 

Do in just send CPR request to solicitors.  Do I chase the SARS?

thanks

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The Excel VCS mashup will likely pay you dividends later used correctly against Simple.  He has been caught out before with this one.

 

PARKING-PRANKSTER.BLOGSPOT.COM

VCS v Ms O C8DP9D8C Birmingham 1/8/2017 Ms O parked her car in  Albert Street, Birmingham in 2014, entered her registration and paid the c...

 

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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get cpr off 

 

defence not due till 25th.

 

 

post it here 1st mind...

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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