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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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Pearlofwisdom
post Mon, 4 Jun 2018 - 21:14
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Your lease is almost certainly your greatest friend. If you can, get it scanned as a searchable pdf document - you need something better than the free version of Adobe for this. Then conduct a search for "park". Copy and paste every bit of the lease mentioning "park" into a new document.


At the time of purchase my Solicitor completed a 'Lease Report'.
Once VCS started to issue the PCN's, I emailed her and asked for clarity as to my parking rights etc within the lease.

She confirmed that no contract exisits between Lessee (me) and Lessor to allow a third party to operate on/over the Demised land. etc.

Hence me ignoring 35 PCN's to date.

I thank you for taking the time to reply and I will do as you suggest and double check for the sake of sanity.





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nosferatu1001
post Mon, 4 Jun 2018 - 21:30
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Did she also confirm the lease didn't contain provisions allowing the Ma to make regulations concerning common areas?
I assume you have checked for this.
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Eljayjay
post Tue, 5 Jun 2018 - 06:24
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Your solicitor almost certainly has a copy of your lease in her files. Ask her to send you a copy.

If that fails, you can obtain a copy of your lease from the Land Registry by completing a form OC2. Although there will be a charge, if you live in a leasehold property, it is vital to have a copy of your lease regardless of parking issues.
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Pearlofwisdom
post Tue, 5 Jun 2018 - 15:34
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[attachment=5 5722:Lease_Page_13.pdf]

Point 6

This is the only refernce to the car park in the lease apart from the plan showing car parking space allocated to the Apartment.

No references to MA
No reference to Third parties.


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nosferatu1001
post Tue, 5 Jun 2018 - 17:44
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Where is the def of the premises? It's capitalised so it's a defined term
There is an allowance for the lessor to make reasonable regs for occasional parking areas - was this one of those areas?
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ostell
post Tue, 5 Jun 2018 - 17:52
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But there is no mention of being charged by a third party for that third parties actions.
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Pearlofwisdom
post Tue, 5 Jun 2018 - 18:30
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QUOTE (ostell @ Tue, 5 Jun 2018 - 18:52) *
But there is no mention of being charged by a third party for that third parties actions.


No.
Not one.





QUOTE (nosferatu1001 @ Tue, 5 Jun 2018 - 18:44) *
Where is the def of the premises? It's capitalised so it's a defined term
There is an allowance for the lessor to make reasonable regs for occasional parking areas - was this one of those areas?


The def of "Premises" is the Apartment and the 2 allocated parking spaces[attachment=55730:Lease_page_9.pdf]

There are additonal 'Visitors' parking spaces within the estate / development.
These are on a 'First come First served basis'
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nosferatu1001
post Wed, 6 Jun 2018 - 06:48
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But not relevant if they wer not parked in- which is what I was asking, if this was the allocated bay or not

So the premises definitively includes the alloctaed bay, so IF this is where the vehicle was standing, then there is an unfettered right to use that space, granted by the lessor, and that cannot be a) derogated from or b) mean that anyone else has anything of VALUE to offer - meaning no possible contract can exist

Id be going for a counterclaim; YOU are the landholder so they have broken their ATA code of practice AND trespassed on the land, they had NO REASONABLE CAUSE to request anyones details from the DVLA
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Pearlofwisdom
post Wed, 6 Jun 2018 - 08:13
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QUOTE (nosferatu1001 @ Wed, 6 Jun 2018 - 07:48) *
But not relevant if they wer not parked in- which is what I was asking, if this was the allocated bay or not

So the premises definitively includes the alloctaed bay, so IF this is where the vehicle was standing, then there is an unfettered right to use that space, granted by the lessor, and that cannot be a) derogated from or b) mean that anyone else has anything of VALUE to offer - meaning no possible contract can exist

Id be going for a counterclaim; YOU are the landholder so they have broken their ATA code of practice AND trespassed on the land, they had NO REASONABLE CAUSE to request anyones details from the DVLA


Yes, the vehicle was parked in the allocated bay at the time of the PCN being issued.

I’m currently assembling my counter claim now.
I’m considering:
Trespass = £185 (same amount as their claim)
Tort/Distress : £185 ?

Wrongful procurement of Data = £ ?

I may ramp up the distress element as the property in question forms part of a Rental Portfolio.
(It is not my domicile.)

I give my Tenants a Service Level Agreement; whereby any problems relating to the property are resolved by me in xx days etc.

I particularly categorized the car park and VCS using it as an unauthorized revenue stream and asked that any PCNs are immediately given to me.
I would then write to VCS, diverting all correspondence to me. Needless to say once they had my details; they never contacted the Driver /Keeper of the vehicle in question.

My first Tenant left after a year siting the pernicious activity of VCS in the car park.
There were several altercations between VCS staff and her . She claimed it exacerbated her
Anxiety.
I then had to re-advertise (more agents fee & letting fees)

PCNs were placed on my vehicle too whenever my partner or I attended the property as any permits were given to Tenants

Gratitude as always for any thoughts and invaluable advice




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nosferatu1001
post Wed, 6 Jun 2018 - 08:17
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DPA - you need t olook at Vidal-Hall v Google. They claimed £750. Recent DPA claim got £250, so aim for £500. Remember you will need to pay a counterclaim fee. You even mentioned Davey in your first post

You should have looked already at getting the MA of the site to order VCS to cease and desist. You could consider enjoining them to the counterclaim - after all, theyre liable for the actions of their agents.
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Pearlofwisdom
post Wed, 6 Jun 2018 - 08:33
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£500 it is then, Im writing to the MA today.

As others have done before me:

Should there be a financial award granted in my favour; 50% will be donated to this commendable site
and 50% to charity.

Regards
Pearl
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Eljayjay
post Wed, 6 Jun 2018 - 16:24
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Your lease really is an excellent friend.

Usually, a leaseholder with an allocated parking space is granted a right to park which, in itself, is usually a good foundation on which to build a defence. As you know, however, your allocated parking space is part of the demised premises which is even better.
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Pearlofwisdom
post Thu, 7 Jun 2018 - 07:32
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.

This post has been edited by Pearlofwisdom: Fri, 8 Jun 2018 - 07:16
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Pearlofwisdom
post Fri, 8 Jun 2018 - 13:20
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Received the Particulars of Claim today.
States VCs are “Acting on behalf of their Client in accordance with their appointment”

They have failed to name said “Client”
Is this permissible?
Do they not have to name their client before the Hearing a part of the Practise Direction for Pre Action Conduct

The MA appears in name on the VCS issued permits, so it’s not beyond the realms of possibility that it’s them.
(Although I have already made that conjecture )


ElJayjay, many thanks for the above post.
Acting on it as we speak


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Eljayjay
post Fri, 8 Jun 2018 - 13:52
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Just to make sure that we are singing from the same song-sheet here...

Did you receive a letter before claim or letter of claim - they are the same thing - at any time?

In your first post, you mentioned that you had received a County Court claim. Was this sent to you by the County Court Business Centre in Northampton and when? If so, have you acknowledged service of the claim through MCOL? Also, what were the particulars of claim entered on the claim form?

What else do today's Particulars of Claim say? If you can, post a redacted version of what you have received. Otherwise, type t out.

The parking company do not have to state who their client is. It is very likely to be the managing agents. Whoever it is, you will demand that they evidence a chain of authority from the owner or occupier of the land. Furthermore, you will assert that, for parking purposes, YOU are that person, but more on this when you have answered the above questions.
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Pearlofwisdom
post Fri, 8 Jun 2018 - 14:01
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QUOTE (Eljayjay @ Fri, 8 Jun 2018 - 14:52) *
Just to make sure that we are singing from the same song-sheet here...

Did you receive a letter before claim or letter of claim - they are the same thing - at any time? [/color] Yes LBC received 2 weeks ago

In your first post, you mentioned that you had received a County Court claim. Was this sent to you by the County Court Business Centre in Northampton and when? If so, have you acknowledged service of the claim through MCOL? Also, what were the particulars of claim entered on the claim form? [color="#0000FF"]
Yes Northhampton. AOS sent next day: Particulars State breach of Contract by conduct . Visable signage ignored etc

What else do today's Particulars of Claim say? If you can, post a redacted version of what you have received. Otherwise, type t out.

The parking company do not have to state who their client is. It is very likely to be the managing agents. Whoever it is, you will demand that they evidence a chain of authority from the owner or occupier of the land. Furthermore, you will assert that, for parking purposes, YOU are that person, but more on this when you have answered the above questions.


Since post last I have trawled through historical emails of complaints to VCS since April 2015. In one a VCS employee candidly states MA are their client and issue their instruction.

I'll scan POC now
many thanks
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Pearlofwisdom
post Fri, 8 Jun 2018 - 14:13
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POc as attached
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Eljayjay
post Fri, 8 Jun 2018 - 14:15
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I am sorry to ask more questions, but...

What was the date of the LBC/LOC?

Did you keep the envelope containing the LBC/LOC? If so, is it postmarked and, if so, what is the date of the postmark?

What was the date of the claim?

Do they relate to the same parking event?

I ask these questions because they are supposed to allow you 30 days to respond to the LBC/LOC before commencing court proceedings.

In addition, please state the full Particulars of Claim stated both on the claim form and in the document received today. Redact any identifying details.

We must have hit Add Reply almost simultaneously.

There are no particulars of claim posted.
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Pearlofwisdom
post Fri, 8 Jun 2018 - 14:23
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[attachment=55827:POC_VCS_page_1.pdf]

This post has been edited by Pearlofwisdom: Fri, 8 Jun 2018 - 15:10
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Eljayjay
post Fri, 8 Jun 2018 - 14:33
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We are gradually getting there, but...

The two posted pages are the same and you have not answered all of the questions which I asked.
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