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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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post Sat, 2 Jun 2018 - 12:24
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ostell
post Fri, 14 Sep 2018 - 11:43
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Well Done !!!!
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Pearlofwisdom
post Fri, 14 Sep 2018 - 11:45
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QUOTE (ostell @ Fri, 14 Sep 2018 - 12:43) *
Well Done !!!!


Thank you !

We Won!
We won and have set the precedent for VCS's trespassing and using Private Land to run their business from.



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henrik777
post Fri, 14 Sep 2018 - 12:28
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QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 12:37) *
NEWS JUST IN: NEWS JUST IN : NEWS JUST IN

I been awarded Judgement by Defalut as VCS failed to enter a Defence to my Counter Claim
Full amount of £4496 + £185 =£4681

I only rang the Court to ask if they had received VCS's WS and they said No.
The guy then said it had already been decided anyway and gave me the news!
Judgement forms on their way to me.

Of course VCS's can appeal but with the WS not being received in time I hope the Court will dismiss it!



Their claim is still live though ?
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Pearlofwisdom
post Fri, 14 Sep 2018 - 12:34
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QUOTE (henrik777 @ Fri, 14 Sep 2018 - 13:28) *
QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 12:37) *
NEWS JUST IN: NEWS JUST IN : NEWS JUST IN

I been awarded Judgement by Defalut as VCS failed to enter a Defence to my Counter Claim
Full amount of £4496 + £185 =£4681

I only rang the Court to ask if they had received VCS's WS and they said No.
The guy then said it had already been decided anyway and gave me the news!
Judgement forms on their way to me.

Of course VCS's can appeal but with the WS not being received in time I hope the Court will dismiss it!



Their claim is still live though ?


I don't know.

It'll be struck out as they failed to provide the Court and Me with their WS within timescale
Court still not in receipt of it today. Deadline was 13th Sept 16.00pm
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henrik777
post Fri, 14 Sep 2018 - 12:35
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QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 13:34) *
QUOTE (henrik777 @ Fri, 14 Sep 2018 - 13:28) *
QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 12:37) *
NEWS JUST IN: NEWS JUST IN : NEWS JUST IN

I been awarded Judgement by Defalut as VCS failed to enter a Defence to my Counter Claim
Full amount of £4496 + £185 =£4681

I only rang the Court to ask if they had received VCS's WS and they said No.
The guy then said it had already been decided anyway and gave me the news!
Judgement forms on their way to me.

Of course VCS's can appeal but with the WS not being received in time I hope the Court will dismiss it!



Their claim is still live though ?


I don't know.

It'll be struck out as they failed to provide the Court and Me with their WS within timescale
Court still not in receipt of it today. Deadline was 13th Sept 16.00pm



The claim could proceed without evidence biggrin.gif It is quite unlikely a judge would kick it out so soon after the deadline.
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Eljayjay
post Fri, 14 Sep 2018 - 12:39
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Do bear in mind that the date for submission has already been put back once at VCS's request.

From Pearlofwisdom's previous posts, it does seem that her defence, etc. was finding favour with the Court.

Furthermore, I think the Court office would not have said "you have won" if there was any doubt about that. Instead, they would probably have said "you will have to wait and see".

As judgement has been awarded against them, VCS's claim is not still live unless they appeal successfully.

I doubt that VCS will be allowed to appeal.

In addition, the defence, etc. were so strong that, even if VCS were allowed to appeal, I believe the appeal would not be upheld.

As I mentioned yesterday, "I suspect VCS know that they have no chance of winning. If I am right, what would the point of them submitting anything?".


This post has been edited by Eljayjay: Fri, 14 Sep 2018 - 12:44
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Pearlofwisdom
post Fri, 14 Sep 2018 - 12:45
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QUOTE (henrik777 @ Fri, 14 Sep 2018 - 13:35) *
QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 13:34) *
QUOTE (henrik777 @ Fri, 14 Sep 2018 - 13:28) *
QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 12:37) *
NEWS JUST IN: NEWS JUST IN : NEWS JUST IN

I been awarded Judgement by Defalut as VCS failed to enter a Defence to my Counter Claim
Full amount of £4496 + £185 =£4681

I only rang the Court to ask if they had received VCS's WS and they said No.
The guy then said it had already been decided anyway and gave me the news!
Judgement forms on their way to me.

Of course VCS's can appeal but with the WS not being received in time I hope the Court will dismiss it!



Their claim is still live though ?


I don't know.

It'll be struck out as they failed to provide the Court and Me with their WS within timescale
Court still not in receipt of it today. Deadline was 13th Sept 16.00pm



The claim could proceed without evidence biggrin.gif It is quite unlikely a judge would kick it out so soon after the deadline.


Im confused. If default Judgement has been awarded in my favour, does that not mean the case is now over?

They were ONE day late with their full and detailed POC and the Judge 'Struck it Out'

But becasue of a Court admin error it was 'Struck Back in again'

So if they don't have their WS today - same thing will happen
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Eljayjay
post Fri, 14 Sep 2018 - 12:47
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I think it is henrik777 who is confused.
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henrik777
post Fri, 14 Sep 2018 - 12:50
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QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 13:45) *
QUOTE (henrik777 @ Fri, 14 Sep 2018 - 13:35) *
QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 13:34) *
QUOTE (henrik777 @ Fri, 14 Sep 2018 - 13:28) *
QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 12:37) *
NEWS JUST IN: NEWS JUST IN : NEWS JUST IN

I been awarded Judgement by Defalut as VCS failed to enter a Defence to my Counter Claim
Full amount of £4496 + £185 =£4681

I only rang the Court to ask if they had received VCS's WS and they said No.
The guy then said it had already been decided anyway and gave me the news!
Judgement forms on their way to me.

Of course VCS's can appeal but with the WS not being received in time I hope the Court will dismiss it!



Their claim is still live though ?


I don't know.

It'll be struck out as they failed to provide the Court and Me with their WS within timescale
Court still not in receipt of it today. Deadline was 13th Sept 16.00pm



The claim could proceed without evidence biggrin.gif It is quite unlikely a judge would kick it out so soon after the deadline.


Im confused. If default Judgement has been awarded in my favour, does that not mean the case is now over?

They were ONE day late with their full and detailed POC and the Judge 'Struck it Out'

But becasue of a Court admin error it was 'Struck Back in again'

So if they don't have their WS today - same thing will happen



QUOTE
Im confused. If default Judgement has been awarded in my favour, does that not mean the case is now over?


It's not automatic but is possible. There were 2 cases. Them v You and You v Them.

QUOTE
They were ONE day late with their full and detailed POC and the Judge 'Struck it Out'


Possible but unlikely, IMO. I'd guess if it has been struck out it was related to the counterclaim success and therefore the weakness of their case.


You may find https://civillitigationbrief.wordpress.com/...-in-litigation/ helpful, or confusing tongue.gif

This post has been edited by henrik777: Fri, 14 Sep 2018 - 12:55
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Eljayjay
post Fri, 14 Sep 2018 - 13:16
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henrik777 is confused
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emanresu
post Fri, 14 Sep 2018 - 14:20
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I'd be suspicious of this one.

The counterclaim approach is a novel one which they had not seen before. VCS are not a "mass market" claimant and tend to be very specific about what they are trying to achieve and will throw money at it (VCS v HMRC).

The Airport/Byelaw cases that are around at the moment are another example and they appear to have been able to differentiate in "No stopping" cases compared to the Bull case by using Crutchley.

Eljayjay might want to take this off board for the moment.

This post has been edited by emanresu: Fri, 14 Sep 2018 - 14:21


--------------------
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).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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Pearlofwisdom
post Fri, 14 Sep 2018 - 14:33
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QUOTE (emanresu @ Fri, 14 Sep 2018 - 15:20) *
I'd be suspicious of this one.

The counterclaim approach is a novel one which they had not seen before. VCS are not a "mass market" claimant and tend to be very specific about what they are trying to achieve and will throw money at it (VCS v HMRC).

The Airport/Byelaw cases that are around at the moment are another example and they appear to have been able to differentiate in "No stopping" cases compared to the Bull case by using Crutchley.

Eljayjay might want to take this off board for the moment.


VCS have claimed their client is "The Landowner" when in fact their client is the previous Mangement Agent, not the current one.

They have produced an out of date Contract with a FM company that no longer exisit.

Their Contract should be with the Lessor, not their Agent.

The Lessor has no right to introduce a third party without a Contract agreement with me or Deed of Variation of the Lease.

Ther case has no merit.

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whjohnson
post Fri, 14 Sep 2018 - 14:40
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Well I say (a premature) well done.

Hurting them in the pocket is the only language they seem to understand, although £4K+ is but a mere day's takings for them in the great scheme of things. £40+K might have made them sit up and take notice!

Nice to see this particular company's balls nailed to the wall for a change.

This post has been edited by whjohnson: Fri, 14 Sep 2018 - 14:43
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Pearlofwisdom
post Fri, 14 Sep 2018 - 14:59
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QUOTE (Pearlofwisdom @ Fri, 14 Sep 2018 - 15:33) *
QUOTE (emanresu @ Fri, 14 Sep 2018 - 15:20) *
I'd be suspicious of this one.

The counterclaim approach is a novel one which they had not seen before. VCS are not a "mass market" claimant and tend to be very specific about what they are trying to achieve and will throw money at it (VCS v HMRC).

The Airport/Byelaw cases that are around at the moment are another example and they appear to have been able to differentiate in "No stopping" cases compared to the Bull case by using Crutchley.

Eljayjay might want to take this off board for the moment.


VCS have claimed their client is "The Landowner" when in fact their client is the previous Mangement Agent, not the current one.

They have produced an out of date Contract with a FM company that no longer exisit.

Their Contract should be with the Lessor, not their Agent.

The Lessor has no right to introduce a third party without a Contract agreement with me or Deed of Variation of the Lease.

Ther case has no merit.

Said out of date Contrcat is signed by some 'Doris' - Northeast Property Manager.
How dare some employee think they can control where & when I park on Land of which I am the Landholder!


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emanresu
post Fri, 14 Sep 2018 - 15:13
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QUOTE
Ther case has no merit.


That may be, but it hasn't been decided yet. Look at the next stage of the process? It is an appeal to a Circuit Judge where there is no Lay Rep. It will have to be a solicitor and you'll have to fork out for that or use your Barrister friend.

If you get the cheque then well done. They have 21 days to launch an appeal and it will likely be the last day - unless of course they mess that up too.

I'd wait for a month.

This post has been edited by emanresu: Fri, 14 Sep 2018 - 15:15


--------------------
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).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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henrik777
post Fri, 14 Sep 2018 - 16:08
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It's a rather large hurdle to overcome, a default judgment, when you can't claim you weren't served and decided to ignore it.
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Pearlofwisdom
post Sat, 15 Sep 2018 - 10:23
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[attachment=58033:Form_N24.pdf]
Here it is

IT IS ORDERED THAT

1) Judgement in default of filing of defence for the Defendant etc etc.

No addtional add on re: Parties have the right to have the order set aside, varied or stayed.

So can VCS still appeal?

Many thanks
P

This post has been edited by Pearlofwisdom: Sat, 15 Sep 2018 - 11:20
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cabbyman
post Sat, 15 Sep 2018 - 10:52
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Remove the claim number as well!

No date ordered for settlement? Subject to the comments of others, you may have to chase that down with the court. I believe there is normally a 'payable by' date included. I'm looking forward to them being in default and you sending in the bailiffs!

Great news!


--------------------
Cabbyman 10 PPCs 0
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ostell
post Sat, 15 Sep 2018 - 11:09
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No date could be construed as forthwith, the legal term for "now". Start counting the days and we'll be able to see a CCJ against their name.

Hope we'll see them on "Can't pay We'll take it away", there's been quite a few the other way.
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Pearlofwisdom
post Sat, 15 Sep 2018 - 11:25
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QUOTE (ostell @ Sat, 15 Sep 2018 - 12:09) *
No date could be construed as forthwith, the legal term for "now". Start counting the days and we'll be able to see a CCJ against their name.

Hope we'll see them on "Can't pay We'll take it away", there's been quite a few the other way.


Thanks!

I'll ring the court on Monday and ask for immediate settlement.

P
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