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


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No, all ive done is acknowledge online and thought i had until 24th to submit a defence, which i was going to do today but i cant log in. Do i do it by hand and fill in paperwork and send ? Im confused, witness statement? 

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Shall i send this? How do i send? 

 

1. The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant. The original PCN came from EXCEL Parking Services and not VCS, therefore VCS has no right to bring this claim

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the management company and not the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner / freeholder.  Accordingly, it is denied that the Claimant has authority to bring this claim.

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. The defendant was there under “supremacy of contract” to provide a service to the property in which the parking space is allocated to.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

7. The original PCN came from EXCEL Parking Services and not VCS, therefore VCS has no right to bring this claim as there was no right to appeal.

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not sure on 5.

doesnt apply to your case

 

your defence is not due till friday so no rush on filing nor getting it correct.

 

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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yes sorry it might be ok 

 

you will file it via MCOL say friday like everyone else has in those threads.

 

 

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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Contrary to what I wrote in post 60, Simple Simon hasn't forged anything, but there is no original PCN from VCS because as we know it doesn't exist.

 

Your defence is superb in its legal arguments - but it gives Simon too much information about how you intend to fight back.  Keep him guessing.  The Excel business should be mentioned at the last minute in your Witness Statement when Simon will have no time left to make up his lies.  How about -

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the management company and not the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner / freeholder.  Accordingly, it is denied that the Claimant has authority to bring this claim.

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5. The Defendant was there under “supremacy of contract” to provide a service to the property to which the parking space is allocated.

 

6.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

 

7.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Don't worry about MCOL's usual weekend hissy fit, you have all of next week to file.

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MCOL typically always has issues over the w/end and isn't normally reset until the cleaner opens up monday morning.

 

don't worry about it, you have till friday.

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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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Thanks.  Just wrote to them and reminded them that I contract for the freeholder. Apologised to me aswell!

What happens next after filling defence.  I will read tonight but i get confused

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use our enhanced google search box

claimform PCN

 

read a few 100'...:lol:

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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On 20 May you wrote that you had sent the SARs. 

 

20 May + 30  days + 2 days postage out + 2 days postage back = 23 June.  Am I right?  You did get proof of posting with Certificates of Posting, right?  That means Simple Simon has refused to satisfy your SAR requests in the time required by law, and so you can sue him.  I suspect you have had no reply because Simon doesn't want to admit the Excel/VCS mix-up.  It could of course be incompetence/arrogance/laziness and I am coming up with 2+2=5, but I suspect not.

 

So have a little think about what you want to do about this and then get back to us.

 

IMO you should now send a Letter Before Claim to both VCS and Excel demanding they pay you £100 (?) for causing you distress by not replying to your SARs.

 

However, the worst of the worst things you can do in legal dispute is to show yourself as a paper tiger.  Threatening legal action then doing nothing is the worst own goal imaginable.  If you do send an LBA, and if Simon doesn't answer, you have to sue on the first day after the deadline.  Have a think about what you're prepared to do and let us know.

We could do with some help from you.

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Thanks..received back from Vcs,  same stuff as elms legal but nothing from excel. 

Just a thought,  the signs at headwords mews are not written  clearly and are very hard to understand for a lay person, and to add to that it was dark! The photos they took of the sign show it was and hope ridiculously small the legal jargon is.  

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If the signage is not easily readable, there are good grounds to challenge there, also.

We could do with some help from you.

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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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Please redact & upload what VCS sent you, just to be on the safe side.  Their reply seems to be very good news, presumably the PCN is missing.

 

If there are photos of the carp signage, please upload them too.

 

This is not looking good for Simon 😃

 

Are you prepared to sue Excel for not replying to your SAR request?

We could do with some help from you.

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The case will be transferred to your local court, don't worry.

 

No, don't go for mediation.

 

Give me a minute and I'll draft a Letter Before Claim to send to Excel.

We could do with some help from you.

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Have a read of post 17 at  https://www.consumeractiongroup.co.uk/topic/428408-virgin-mystery-extra-line-2-judgments-for-data-protection-breaches-so-far/#comments  i.e. not just the letter but the extremely-important points BF makes.

 

Post up a draft of a Letter Before Claim for £200 to be sent to Excel.

 

BF has a lot of experience in suing for SAR non-compliance and I will ask him to come onto the thread.

 

If you play this right you'll make a few quid and completely humiliate Simon.

 

We could do with some help from you.

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This is been flagged up to me in respect of the potential breach of the statutory duty to disclose personal data.

I'm just trying to get a quick summary and I don't intend to read through the whole thread.

I understand that a number of SARs have been sent out to various companies.

In particular one has been sent to VCS and one has been sent to Excel and the Excel have not responded – is this correct?

 

I understand also that possibly the VCS disclosure is incomplete. Is this correct?



 

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Can I suggest that if there is any action to be taken in respect of an SAR breach by Excel, that rather than disrupt the discussion on this thread, maybe you could start a new thread and outlined very quickly in your first post what has happened, why you have sent an SAR to excel – timeline et cetera.

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A few things.  Yes, please start a new thread if you wish to sue Excel.  My fault for muddying the waters with two different matters.

 

Bad stuff - your upload from VCS shows a PCN.  Presumably Simple Simon has realised his mistake and forged it.  Your decision to throw away the PCN issued by Excel has now come back to bite you.

 

Good stuff - Simon's photos show one pathetic unilluminated solitary sign.  So as well as Supremacy of Contract you can hit him with insufficient signage.

 

The quality of the close-up photo of the sign is so bad it's impossible to read it properly.  If this is Simon's doing we're stuck with it, but if you can post up a better legible version that would be great as Simon often messes up his signs.

 

If you haven't already done so, look up if VCS have obtained planning permission for their signs.

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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in most speculative invoice threads here already

 

usually the local council have a website... most within which there is a searchable planning permission section.

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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