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    • My almost ready witness statement ...    In the county court at Middlesbrough Claim No:  Between Vehicle Control Services Limited (Claimant) V   (Defendant) Witness Statement Introduction It is admitted that the Defendant is the registered keeper of XXnn XXX   Locus standi/bye-laws and Relevant land Schedule 4 of the Protection of Freedom Act 2012 (PoFA) allows recovery of unpaid parking charges from the keeper of the vehicle. However, the first paragraph 1 (1) (a) states that it only applies “in respect of parking of the vehicle on relevant land:”. The definition of “relevant land” is given in paragraph 3 (1) where subsection (c) excludes “any land ... on which the parking of a vehicle is subject to statutory control”.  The bus stop is not on relevant land because the public road on which that stand is on is covered by the Road Traffic Act.  Notwithstanding that the claimant claims that " the claimant has given the Defendant its contractual licence to enter the site", the claimant has not given any contractual licence whatsoever. This is a road leading to/from the airport which is covered by the Road Traffic Act.  A list of highways on the Highways act 1980 does not even exist. The defendant brings the attention of the court that VCS is using this non existent document issue as a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. While it is true that landowners can bring in their own terms, it is also true that whatever terms they bring  cannot overrule Byelaws and the Road Traffic Act. If Bye Laws are involved then the bus stop is not relevant land and neither is the specious argument about First Great Western Ltd. Is the claimant ignorant of the Protection of Freedoms Act 2012? The road outside of Doncaster Sheffield Airport is not relevant land and is not covered by the Protection of Freedoms Act. That makes the charge against the claimant tantamount to fraud or extortion. The claimant mentions a couple occasions where they have won such cases. It is brought to the attention of the court that none of those cited cases were on airport land. VCS actually has also lost a lot more cases than they have won using their prohibitive signs.  Airport land is covered by Bye Laws and hence the claim by VCS is not applicable in this instance. The remit of VCS ends in the car park and does not extend to the bus stops on public roads or land which they have no jurisdiction over. All classes of people go to the airport. This includes travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers and buses with passengers. It is therefore absolutely ridiculous to attribute VCS with any sort of permissions. The defendant submits that VCS should not confuse a major thoroughfare with a car park and presume to act as land owners and usurp the control of any land which is not relevant to them.   Alleged contract The court should consider if there is any contract to start with and if the alleged offence is on relevant land. The consideration will inevitably lead the court to conclude that there is no contract.  Also the court should note that there is no valid contract that exists between VCS and Peel. Under the Companies Act, a contract should be signed by the directors of both companies and witnessed by two independent individuals. This alleged contract, which makes no mention of pursuing registered keepers of vehicles to court, makes its first appearance as a Witness Statement. Thus the alleged contract is null and void.  The Beavis case referred to by the claimant is about parking in a car park. The claimant is here attempting to equate that case to stopping, not parking, in a bus stop and on a road that is covered by the Road Traffic Act. The defendant submits that there can be no contract as there is no offer but there is only a prohibition. Again, it is not relevant land and VCS has absolutely no rights over it.   Further, the defendant would like to point out that motorists NEVER accept any contract just by entering the land. First they must read it and understand it and then, and only then can they realise that "No stopping" is prohibitive and cannot offer a contract.   Bus stop signage The signs around the bus stop do not mention who issued the “No Stopping” signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and that the creditor should be identified. Nothing on the signs around the bus stop that says “NO Stopping” mentions VCS or Peel Investments who are now purporting to be the land owners of a public road. As the signage should identify the creditor, since it does not, this is a breach of the CoP.   The Traffic Signs Regulations and General Directions 2016 does not prohibit stopping in a restricted bus stop or stand, it prohibits stopping in a clearway. The defendant would like to ask the court to consider if any clause of the Traffic Signs Regulations and General Directions 2016 that the claimant alleges has been violated by the defendant. There is no mention of permits on the signage. If there were, would it mean that Permit holders were allowed to stop on “No Stopping” roads? Notwithstanding what the claimant calls it, the mentioned signage is NOT a contractual clause. A “No stopping” sign is not an offer of parking terms.  Since the signage around the bus stop is prohibitive, it is as such is incapable of forming a contract. Further, the defendant would like to point out that the prohibitive sign is not actually at the bus stop but a few metres before the stand itself.   There is no mention of a £100 charge for breaching the “No stopping” request, or if there is one then it is far too small to read, even for a pedestrian.   As already stated, a Witness Statement between VCS and Peel Investments is not a valid document.   It will need more than the Claimants feather to outweigh the case against the Defendant regardless of who was driving.   There is no law of agency involved. This is not a case of employer/employee relationship. VCS cannot transfer the driver's liability to the registered keeper.   There can be no comparison between a railway station and an airport. This is a totally fatuous analogy which cannot be applied to this case.     As stated in the defence, it is denied the Claimant is entitled to the recovery or any recovery at all. The nefarious parking charge notice given for a vehicle on a public road bus stop was ill advised to start with.   Conclusion: VCS has failed to present ANY reasonable and valid cause to apply to the DVLA for the Defendants details. VCS has failed to provide ANY valid  contract with the landowners. “No stopping” is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for any motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP and hence the signage is not valid the WS contract does not authorise VCS to pursue motorists to Court   Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   The Defendant wishes to bring to the attention of the court that the Claimant cites an irrelevant case of a car park and tries to apply its merits to a bus stop. That in itself invalidates the entire fallacious claim.   Accordingly, this case is totally without merit. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. All the false information presented as a statement of truth could have been stated using half the words and without all the repetition which appears to be trying to build a strong case where there is none at all. One particularly bad example of misdirection is in the photographs. The Clearway sign shown near the bus stop is very unclear unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.
    • I have read that thread. I will need to wait for last date of deferral to get key information to go back to Drydens.   I already asked for them to set aside, they refused but they have sent a message to court suspending warrant of control and put account on hold whilst they answer my SAR. I have also requested SAR to SLC.    
    • you do NOT need to pay it and anyway that would not remove the ccj, its there on your file paid or not for 6yrs, a paid ccj even with a cert of satisfaction is as bad as a non paid one.   the ONLY way to remove it is to set it aside.   sadly you the very worst thing you could have done with ANY debt on your credit file or not that you last used or paid or wrote about to the debt owner in the last 7 yrs....you ran away,,,moved without informing the debt owner of your correct and current address.   erudio and drydens are masters at doing backdoor ccj's. they are ofcourse totally wrong that the defaulted date is the sb date...well not when your last written/signed ack of the debt was more than 6yrs before the claimform date.   now how do you remove it....go read that thread ...carefullly then comeback here and lets see if you understand how.   dx  
    • Thanks, having to move house and discovered this. It's causing a nightmare in trying to rent somewhere and mortgage was also refused by the bank.    Shortly after requesting info I got a warrant in the post from bailifs. Managed to halt that and pause any action till I get key dates to try and get this removed.   Not wanting to avoid paying it, just need the CCJ gone.   Appreciate your help. Will read fully although I am not great with law.
    • Write the letter. It's important that you put this in writing so that you have a paper trail. Send the letter by recorded first class delivery. Explain that because of the defect in the bundle which has manifested itself within 30 days – always refer to the bundle – you are now rejecting it under the consumer rights act 2015 and that you require a refund and you want to know what their arrangements will be for providing you with this. You can also send this by email – but do it straight away. This reserves your rights and after that you have some flexibility as to how you want to act. I understand that they are uncooperative. No surprises. Don't imagine either that they will be fazed by your letter – but the important thing is that you are able to show that you are asserting your rights. After that, they are acting unlawfully We will help you make a claim against them and I suppose that will involve threatening to sue them and maybe even going on to sue them. You will find interesting and you will acquire some transferable skills which will enable you to sue anybody else who gets in your way with a degree of confidence. However, it might be a good idea to mitigate your loss and I would suggest that you accept the money that they have put on the table but make sure that they understand that you are accepting it and you are happy with it and you consider that they still owe you the outstanding £70. If you are asked to sign anything then you should decline and then we will help you claim for the whole lot. However if they don't ask you to sign for anything, then make sure that they have a letter from you at the same time saying thanks very much do for the £250. You are accepting it but this should not be taken as an indication that you are now relinquishing your claim to the rest of the money. Tell us what you want to do – with you want to take the 250 or whether you want to simply reject the lot and claim for the lot. If you want to take the 250 – which I suggest that you do – and if they will give you the money despite the fact that you are still reserve your rights in respect of the balance, then come back here when you have that money and we will help you with the rest. If they refuse to give you the money unless you agree that it is in full settlement, then that becomes very interesting because it becomes very clear evidence that they are beating their obligations under the consumer rights act – and this gives you even greater leverage over them when you decide to confront them. The advantage of mitigating your loss is that there is less to sue for and that means that your court fees will be less – although you will get these back anyway when you win. Also, because they are only fighting to hang onto £70, they are more likely to put their hands up once they know you're serious. There is absolutely nothing to lose and everything to gain by taking the money that is available on the table subject to the reservation which I've indicated above.
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Yes but it could well be founded on the Climate Change schtick, as Ed and Lib Dems are eco warrior's and want to replace gas with Renewables.

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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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look at sse being 'harassed by an investor group that wants to split it up to get more shareholder 'value' stipped out if it rather than it invest in the business

 

I'll link some info when I'm back if needed. On very bad xonnection doe a few days

"vacuous and economically illiterate" "Moral emptiness and epidemiological stupidity”

“veil of ignorance” "unrepentant and inveterate liar" 

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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I am getting prepared for no gas and electric.

 

60 cans of baked beans, sauna suits and elastic bands.

 

At least I would stay warm, even if the beans are cold :)

 

There has been talk for years that energy supplies during the Winter have been close to not meeting demand and there would be blackouts.  Hopefully this Winter won't be when they have to trigger emergency measures including closing down major users of power and having blackouts for periods.

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UB, this article fro the Guardian's economics editor relates to some of what you're saying. He's talking about a triple financial whammy and at least some of it comes from the 'just in time' economy.

 

WWW.THEGUARDIAN.COM

The combined challenges loom of an economic slowdown, rising energy costs and the transition to net zero, says Guardian economics editor Larry...

 

Illegitimi non carborundum

 

 

 

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, getting gas canisters and extra batteries rechargeable and standard. have camping stoves 2 gas one petrol Coleman.

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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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Overhead powerlines and high winter winds often 100 kph, mean outages sometimes

 

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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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There isn't on a cold clear frosty january or february day here With the high wind speeds, the turbines are feathered like the propeller on a dead Lancster engine returning from Berlin.

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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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Not surpising some people opt to move to the South of France.  

 

I can see many more Brits looking across the channel and being a bit jealous of our French neighbours.  Economic outlook for France is looking a lot healthier than the UK, good level of growth and low inflation.

 

EC.EUROPA.EU

The latest macroeconomic forecast of the European Commission for France.

 

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What is Johnson trying to do now? Even the Mail thinks he risks inflaming things further with France. First the jibes in Franglais and now Macron is behaving like a lover being jilted at the last minute. I guess Bozo has plenty of experience of dealing with that.

 

WWW.DAILYMAIL.CO.UK

The Prime Minister risked pouring fresh fuel on the fire over the £50billion Ausuk submarine pact by breaking into 'Franglais' jibes and appearing to...

 

Illegitimi non carborundum

 

 

 

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The head of Iceland supermarkets says there are more food banks than branches of Macdonalds in th UK, on BBC Question Time.

 

Also that removing the increase in UC will mean a choice between heating and eat for large numbers of people. In one of the richest countries in the world, it's not right.

 

https://twitter.com/i/status/1441157610955100168

 

Illegitimi non carborundum

 

 

 

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UK should not need food banks.

 

Biggest issue affecting UK household finances is the cost of housing.

 

In my area in the south west, it costs about £1000 a month for a 2 bedroom house. 

 

OK If there are 2 people in work earning above national minimum wage.  But if one of them is not able to work for any period or they are self employed with no work coming in, they may struggle to cover rent and also be able to pay for basic living costs.

 

If people are in employment, where the earnings are not going to be reliable, as soon as they start struggling they need to be making a claim for Universal Credit. This may provide benefit entitlement which will help towards living costs, during any period where earnings are reduced.

 

Use a benefits calculator website such as Turn2us or Entitledto, to check the level of earnings where claiming Universal Credit might be required to provide support during a downturn in earnings.

  • I agree 2

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I hope people are able to read this in the New York Times. Their thoughts on the PM's style and ambition to join the USMCA agreement.

 

WWW.NYTIMES.COM

U.K.’s prime minister makes headlines, yet experts say it is unclear if his lighthearted style is helping stake out a post-Brexit role on the global stage.

 

Illegitimi non carborundum

 

 

 

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On 22/09/2021 at 20:09, brassnecked said:

, getting gas canisters and extra batteries rechargeable and standard. have camping stoves 2 gas one petrol Coleman.

 

We always got 'bonfire night' and all its associations to address the issues

Light, warmth, Food, Fireworks ... political change ... celebrations

:-)

Edited by tobyjugg2

"vacuous and economically illiterate" "Moral emptiness and epidemiological stupidity”

“veil of ignorance” "unrepentant and inveterate liar" 

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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7 hours ago, honeybee13 said:

I hope people are able to read this in the New York Times. Their thoughts on the PM's style and ambition to join the USMCA agreement.

 

WWW.NYTIMES.COM

U.K.’s prime minister makes headlines, yet experts say it is unclear if his lighthearted style is helping stake out a post-Brexit role on the global stage.

 

 

 

Vassalage UK under incompetent lair Johnson has no credibility left anywhere

lets face it - Johnson has effectively declared the UK cant do owt without the US during the Afghanistan farce

 

 

 

"vacuous and economically illiterate" "Moral emptiness and epidemiological stupidity”

“veil of ignorance” "unrepentant and inveterate liar" 

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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1 hour ago, tobyjugg2 said:

 

We always got 'bonfire night' and all its associations to address the issues

Light, warmth, Food, Fireworks ... political change ... celebrations

:-)

 

I read there's a shortage of fireworks. :(

Illegitimi non carborundum

 

 

 

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Join the Army

.. and drive a HGV

... which can at least carry a soldier more than 20 miles and not put them in traction .. unlike Johnsons plans for vehicles for the army

(see prior post)

 

and No shortage of Christmas Turkeys .. there's hundreds in parliament

 

  • Haha 1

"vacuous and economically illiterate" "Moral emptiness and epidemiological stupidity”

“veil of ignorance” "unrepentant and inveterate liar" 

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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Could you remind me which post please, TJ?

 

Marina Hyde has a new opinion piece out, very aptly put and entirely in the PM's favour. :lol:

WWW.THEGUARDIAN.COM

Boris Johnson was in New York this week, trying to dodge awkward conversations and ignore domestic shortages, says Guardian columnist...

 

  • Haha 1

Illegitimi non carborundum

 

 

 

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The elephant in Housing costs are Council Tax  and leasehold Service Charges.......

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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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On 20/06/2021 at 09:21, tobyjugg2 said:

Each time I look at this thread, even the title is an offence and insult to the British (while it lasts) nation

 

What will we call England and Wales and its Tax haven protectorates?

 

Although Johnsons 'protection' runs to sub 20 miles now doesn't it?

https://www.theguardian.com/uk-news/2021/jun/03/mod-military-pauses-trials-army-tank-fleet-safety-concerns-ajax

 

 

 

Reminder as requested

Edited by tobyjugg2

"vacuous and economically illiterate" "Moral emptiness and epidemiological stupidity”

“veil of ignorance” "unrepentant and inveterate liar" 

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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"Actor Daniel Craig has been appointed an honorary Commander in the Royal Navy – the same rank as his James Bond character.

Perhaps it’s time Boris Johnson was appointed an honorary Lance Corporal in Dad’s Army"

- Adam Forrest

Edited by tobyjugg2
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"vacuous and economically illiterate" "Moral emptiness and epidemiological stupidity”

“veil of ignorance” "unrepentant and inveterate liar" 

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

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