PCN Issued on Residential Parking Space CC claim issued |
PCN Issued on Residential Parking Space CC claim issued |
Sat, 2 Jun 2018 - 12:24
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Member Group: Members Posts: 145 Joined: 2 Jun 2018 Member No.: 98,224 |
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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