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


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what others have used...get researching...you are the one poss going to be in court

you need to understand what and WHY you are filing such in your defence

 

100's of VCS PCN claimform threads here to read by the 24th

 

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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which could be something to mention in your witness statement IF the claim ever gets that far..the disclosures stage after allocation to your local court. but a failed sar enforcement can only be done via a totally sep court claim by yourself.

 

bearing in mind as i said, you have to file a WS and so do they, and that MUST include exhibits of everything they intent to rely upon in court, which will be the same as the info you want in these sar's so not important.

 

your important issue is to find and put up your version of our std 3-5 line generic catch all defence, that needs to be done soon, your don't need to 'slowly build your case' ...thats for your WS.

 

Date to submit defence by 4pm.. 25/06/21

 

dx

 

 

 

 

 

the issue is to get that n180 off  

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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Thanks

Looking for this......" find and put up your version of our std 3-5 line generic catch all defence,"

 

i think my defence is that i was working there and parked in the bay for the actual property i was working in

And they sent me a PCN from Excel, but stupidly i cant now prove that as i threw it away

 

Could i challenge the fact that the person who ticketed me was working during lockdown in a non essential role? long shot i know

 

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Those points are probably better for your witness statement later, best not to be too specific t this stage. Look at the top of the PPC threads for our Successes forum and see what people did with VCS court claims and how their initial defences were worded.

 

HB

Illegitimi non carborundum

 

 

 

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HI, just an update

Received everything back from ELMS Legal after sending CPR. It includes the first letter advising i have been photographed parking, but this letter is from VCS and not Excel as i stated in my first post. I guess, since i threw it away i have no evidence now to prove they messed up.

 

Im getting a bit worried as i still haven't done my defence. I have looked at the above posts you have signposted me to but cant find what i am looking for " the generic defence answers", and after researching coming up with so many things that i am panicking

 

 

How do i actually reply to the case  and when can i have my actual say, its getting too stressful and i fear a  payment is just the easy option now.

 

Ive had another ticket too now from another company despite being on a list of allowed contractors for parking somewhere else. Its beyond belief. 

 

Do i just log back in to MOL and then put why i think i shouldn't have to pay?

 

Please help

|Thanks

 

still looking for this, it comes up as thread locked

 put up your version of our std 3-5 line generic catch all defence

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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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It looks like Simon has realised the Excel mistake and has simply lied and has quickly knocked up a false NTK "from" VCS.  However, can you please redact & upload this round of letters so we can be sure?

 

The Site Team are working on defences at the moment, work which is due to be finished tomorrow, so hang on 24 hours and we'll get back to you. 

 

In any case, as HB says, the defence will be very, very generic.  We want to keep Simon guessing.

 

Also, in post 40, you set out VCS's PoC in five numbered paragraphs.  Is that what the original is like?  I ask as it would be useful when your defence is filed to attack the PoC paragraph by paragraph.  Usually this isn't possible as Simon just files a cut & paste wall of text.

 

 

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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no i did the numbering. rarely do poc's comes with numbered paras as it wastes the limited no of chrs# available on mcol.

 

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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1 hour ago, Hideyspidey said:

its getting too stressful and i fear a  payment is just the easy option now.

It makes no sense to give in now.  The amount you would pay now, and the amount you would pay even if you lost in court, is essentially the same.

 

1 hour ago, Hideyspidey said:

Ive had another ticket too now from another company despite being on a list of allowed contractors for parking somewhere else.

So this time don't throw away the paperwork, start a new thread, and we'll help you fight that one too.

  • Like 1

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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I wrote to hang on 24 hours but in reality the links dx posted are excellent.  Please draft a similar defence and put it here, we'll retweak if necessary.

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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hidden you must remove their ref number throughout

they can use that to ID  YOU here

 

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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onepageallletters-page-001-converted.pdf

 

here is another, i see that they have a contract between themselves and fairwaysuk, not that that means anything to me, but i understand Fairwaysuk.com is a block management company not the freeholder

 

redacted boundary.pdf

 

Help...... i cant log into MOL to do defence, it says claim no / password not correct and it is

What do i do?

 

 

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Don't panic over this, MCOL is often temperamental at the weekend. Please wait for people who are familiar with how to use MCOL in case there's more than you can do apart from keep trying.

 

HB

Illegitimi non carborundum

 

 

 

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So do I just challenge each point like this….. ( my answers and statements in red)

 

1.     The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant’s 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. – I had not entered a contract with VCS, Nor EXCEL Parking. I was merely parking in the allocated space for the property I was working at with the permission of the tenant and letting agent who acts on behalf of the landlord.

 

2.     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 - There is no contract because the terms were not made clear to me or were incomplete.

 

3.     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. – Original PCN came from Excel not VCS and I have no way of appealing. 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

 

4.     The sum claimed is a NOT genuine pre-estimate of loss. I did not receive a penalty charge notice I received a speculative invoice.

 

5.     The leaseholder/ landlord client who owns or rents the parking space has 'supremecy of contract' over the agreement the VCS and Excel have with the landowner and I parked there under my client's instruction.

 

6.     Wording of signage and charge notice makes it clear that the charge is a penalty  disguised as a contractual agreement. For this to be a genuine contract in the terms stated by the PPC. There is no offer for motorists to park at the tariff of £100 or even £60 per day, merely the statement that a breach of the terms will result in the motorist 'agreeing' to pay a charge. In making a charge conditional on NOT doing something this makes the charge punitive and clearly designed to dissuade and any charge must therefore be reasonable and represent either the actual loss or a genuine pre-estimate of loss to the landowner or PPC. Since the car park is essentially free for residents no loss was incurred. The PPC has indicated that they are not required to prove loss as this is a free service to the landowner and the charge was agreed with the landowner in order to cover business overheads. If £100 was to be a GPEOL then in offering a discount to £60 for prompt payment the PPC would be running at a loss of £40 per ticket. The charge is therefore disproportionate, designed to penalise a breach and is unenforceable.

 

5.The claimant seeks the recovery of the parking charge notice, contractual costs and interest. The sign is for £100 consideration, not £245.

 

 

 

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On 12/06/2021 at 14:56, dx100uk said:

 

read these.

 

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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They've sent everything except the original PCN.  Now I wonder why that might be ...

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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Probably never was one, as in disappearing one.

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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It's because the PCN was from Excel, whereas the car park signs and all reminder letters are VCS.

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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