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PCN Issued on Residential Parking Space CC claim issued
Pearlofwisdom
post Sat, 2 Jun 2018 - 12:24
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I have been issued with CC claim from Simon Renshaw-Smith of VCS.
It is my intention to robustly defend this claim and countersue.
My case will be in court within the next few weeks.

My case:
125 yr Lease Purchased April 2015
Residential Parking Spaces x 2 demised through lease
35 PCN's to date - all ignored by me, no court action from VCS, apart from this one.
Landowner's Agent EM Estates instruct FirstPort to maintain apartment block and common /demised land within boundary - carpark.
FirstPort engages VCS to manage car park.
VCS claim breach of Contract by conduct
ie I ignored signage.
Contract law is clear on this - A Contract cannot be lawfully upheld by Performance, nor can it assumed nor implied.
No contract exisit between me & VCS
VCS Signage cannot overide my Lease.
This claim is therefore without merit.
I would make a request to have it 'Struck Out' but I intend to Countersue


No contract exists bewteen Lessor (me) and Landowner (Lessor) to allow a third party to unilaterally change the t&c’s of my lease.
No Deed of variation of said lease exists to allow same.


Therefore VCS have no legal authority to operate on land which I own by virtue of lease.
FirstPort have no legal authority to instruct VCS to act on behalf of Lessor
This is a complete breakdown in instruction
The PCN’s are unlawful and therefore unenforceable
In essence VCS has no legal authority or proprietary interest to operate on my demised land

This mean that VCS has ‘no right to an Audience’ and herein lies the rub!
A Judge will take a dim view of having his / her time and court resources wasted by people (VCS) who use the courts in this way whom have NO legal right to do so.
The courts do not exist as an additional debt collection agency for VCS nor do they exist to Wet Nurse the likes of Simon Renshaw Smith with their scurrilous activities.

I am Countersueing using Davey V UKPC as my guide - a good read.
(DVLA information being illegally gained - £750 claim met etc)

Many thanks to anyone reading this and able to offer additonal input


Best regards
Pearl




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emanresu
post Sat, 29 Sep 2018 - 06:24
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QUOTE
The purpose of CPR 13.3 is to avoid injury to a defendant or a third party and nothing therein entitles a claimant to vary or set aside a judgment in circumstances where that variation would increase the judgment amount in his favour: Hertford Management Ltd v Mastorakis [2001] All ER (D) 277 (Mar).


So forget that trying to increase the amount.

QUOTE
the court may set aside or vary any other judgment that has been entered under Part 12 of the Civil Procedure Rules, if:


(1) the defendant has a real prospect of successfully defending the claim; or


(2) it appears to the court that there is some other good reason why the judgment should be set aside or varied, or why the defendant should be allowed to defend the claim.


It is a procedural hearing and so far 3 different DJ's are agreeing that the procedure (default judgement) is correct. The HHJ may decide that (1) above applies and it will be back into the pot again. Perhaps as this is a procedural hearing you could write and pass on the information but it is hearsay unless each court has sent a letter to confirm what they have told you verbally.

IMHO you just leave it to the court process as they will be applying the procedural rules - and they have more knowledge/experience. And I may be wrong but there is no mechanism to introduce new papers at this stage. The circuit judge will decide on the papers presented.

This post has been edited by emanresu: Sat, 29 Sep 2018 - 07:37


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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post Sat, 29 Sep 2018 - 06:24
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Pearlofwisdom
post Sun, 4 Nov 2018 - 10:57
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Attached File  vcs__N24.pdf ( 390.92K ) Number of downloads: 73


This arrived in the post Tues 30th Oct

VCS had their appeal against the Default Judgement.

They are now under strict proof to show that their Witness Bundle arrived on by 4pm on the 13th Sept.
It didn't it arrived on the 14th at 02pm.

The letter annex to WS was dated and signed 13th Sept marked 1st class post.

As their defence to my counterclaim is still missing, I'm going to ask for another/second default judgement.

A Hearing date has now been set for Feb 2019


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