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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 Fri, 26 Jul 2019 - 15:29
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We STRONGLY advise you obtain your own legal advice, as you appear not to understand what a 'Drop Hands Offer' means.

Further, the land in question is NOT your land.

In any event, we will press on with the Court Hearing.

Many thanks

Litigation team



This just in after I presented them with a WP counter offer
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Pearlofwisdom
post Fri, 26 Jul 2019 - 15:54
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My response


Good afternoon

I have taken Counsel and fully understand the 'Drop Hands Offer'
That being:

VCS have made a 'Drop hands’ offer to the Defendant. This means that the claim is discontinued, with both parties paying their own costs.

I was advised not to fully accept your offer but to submit my own 'Conditional Drop Hands Offer'.

VCS as the Claimant contested Liability of my Counterclaim but continue to uphold the 'Quantum' of a weak case.

I have not agreed to enter into a contract with VCS, or any so-called quasi-contract.

Therfore we must continue to Court, having failed to reach an agreement on any essential terms, such as your ineffective drop hands offer.

With sincere best regards
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nosferatu1001
post Fri, 26 Jul 2019 - 16:08
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You are the landholder, and VCS are in breach of their cop as they lack agreement with you. Complain to the ata, see what they say l(lol)
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Pearlofwisdom
post Fri, 26 Jul 2019 - 16:29
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QUOTE (nosferatu1001 @ Fri, 26 Jul 2019 - 17:08) *
You are the landholder, and VCS are in breach of their cop as they lack agreement with you. Complain to the ata, see what they say l(lol)


Thanks Nos

LOL indeed.

I am the Landholder.
If I'm not then who is, the 'Invisible Man' ?

ata ? cop?

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Pearlofwisdom
post Fri, 26 Jul 2019 - 16:46
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Just found a very similar case online .....



Simon Renshaw-Smith Hit By Double Whammy 18th Jul 18 at 3:14 PM



Milton Keynes today, before DDJ Simpson.

Case No. D9QZ6Q0J – VCS v Mr C.

Claimant represented by Mr Smith (Solicitor’s Agent)
Defendant represented by me.




For the 5 tickets for no permit, we argued that the AST, which was silent on the subject of parking, gave the tenant an implied right, and the fact that he had been issued with a key fob to access the electronic gate to the underground parking area, meant that he was a de facto authorised user.

The DDJ agreed, and said that the displaying of a permit was a matter of convenience to VCS, but there was no legal obligation for authorised users to display one. He said it was clear that the purpose of the scheme was to deter random interlopers, which did not apply here.

He dismissed the claim, which he said was ill-conceived, and improperly pleaded.

He ordered that VCS must repay the £2,677.77 to the Defendant within 7 days



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Pearlofwisdom
post Fri, 2 Aug 2019 - 12:14
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VCS had their case against me dismissed in Court this very morning.
Victory is mine!

The Judge took all of 5 mins to state that the Premises including 2 x Car Parking Spaces are demised to me by virtue of my Lease.
I have Exclusive Possession.
VCS have no legal right to issue PCN’s on private residential land.

My Counterclaim was also dismissed, as I couldn’t prove pecuniary loss.
However, I am delighted at the outcome.

My next consideration is the unlawful acquisition of my details from the DVLA.
VCS had no legal right to do so.

(Count to date = 35 )

Once again my grateful thanks to all contributors to this thread.

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Umkomaas
post Fri, 2 Aug 2019 - 19:52
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QUOTE
My next consideration is the unlawful acquisition of my details from the DVLA.
VCS had no legal right to do so.

If you've not already seen this, it's worth reading.

http://parking-prankster.blogspot.com/2016...orist-wins.html

There are other DPA breach cases also reported by The Prankster - do a Google search. There may be some pointers/inspiration in the blogs.
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Redivi
post Fri, 2 Aug 2019 - 20:12
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My Counterclaim was also dismissed, as I couldn’t prove pecuniary loss.

Could Beavis be used as an argument:

There doesn't have to be pecuniary loss if there's a public interest; the charge is no higher than necessary to discourage the behaviour but has to be large enough to be worth the effort of recovering ?

How about the OP telling VCS that he's no longer taking part in the permit scheme and withdrawing their right of implied access to his space to inspect the vehicle ?

It leaves VCS with no defence to a claim for trespass if they issue a Parking Notice
The decided case leaves them no defence to a claim for processing the OP's details without reasonable cause
The PCN is evidence of what they intended to gain from the trespass and therefore the starting point for the damages

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Pearlofwisdom
post Wed, 7 Aug 2019 - 13:02
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Case against me brought by Vehicle Control Services dismissed within 5 minutes on Friday 2 Aug 2019

Today in the post I received yet another/different CC Claim form from this shower of sh*t!

You couldn't make it up.

CLOWNS !!!
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ManxRed
post Wed, 7 Aug 2019 - 13:19
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For the same place/contravention?

Try Googling 'Res Judicata'


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Pearlofwisdom
post Thu, 8 Aug 2019 - 11:09
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QUOTE (ManxRed @ Wed, 7 Aug 2019 - 14:19) *
For the same place/contravention?

Try Googling 'Res Judicata'



Yes same place same alledged contravention - different date

I have Goggled Res Judicata and I will be aoolying that accordingly.

Many thanks

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Nosy Parker
post Fri, 12 May 2023 - 09:56
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That was nearly 4 years ago. What happened next, Pearlofwisdom? Your many fans are agog...
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