PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PCN Issued on Residential Parking Space CC claim issued
Pearlofwisdom
post Sat, 2 Jun 2018 - 12:24
Post #1


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




Go to the top of the page
 
+Quote Post

Posts in this topic
- Pearlofwisdom   PCN Issued on Residential Parking Space CC claim issued   Sat, 2 Jun 2018 - 12:24
- - Jlc   Contracts can be formed by conduct but I agree it ...   Sat, 2 Jun 2018 - 13:04
|- - Pearlofwisdom   QUOTE (Jlc @ Sat, 2 Jun 2018 - 14:04...   Sat, 2 Jun 2018 - 16:08
- - ostell   It has been held that a notice on the wall can cre...   Sat, 2 Jun 2018 - 13:52
- - ostell   This is not a criminal court, if it ever gets to c...   Sat, 2 Jun 2018 - 16:45
- - Pearlofwisdom   I comprehend the distinction between Criminal Law ...   Sat, 2 Jun 2018 - 18:52
- - Jlc   From memory, Davey was freehold and he sought an i...   Sat, 2 Jun 2018 - 19:13
- - Pearlofwisdom   Correct, Davey was a Freeholder. The similarity i...   Sat, 2 Jun 2018 - 19:39
- - Jlc   Just checked. He claimed damages for trespass and...   Sat, 2 Jun 2018 - 19:56
- - Eljayjay   Counterclaiming is a lottery. A few people have d...   Sun, 3 Jun 2018 - 00:38
- - publicenemyno1   That's interesting - so since then you have be...   Sun, 3 Jun 2018 - 08:18
- - Pearlofwisdom   This isn’t about the money. This is about justic...   Sun, 3 Jun 2018 - 08:44
- - ostell   You mean you are after vengeance not justice. You...   Sun, 3 Jun 2018 - 09:24
|- - Pearlofwisdom   QUOTE (ostell @ Sun, 3 Jun 2018 - 10...   Sun, 3 Jun 2018 - 10:00
- - nosferatu1001   Why would he actually travel there? You cannot com...   Mon, 4 Jun 2018 - 07:14
|- - Pearlofwisdom   QUOTE (nosferatu1001 @ Mon, 4 Jun 2018 ...   Mon, 4 Jun 2018 - 07:32
- - nosferatu1001   Of course not. He just sends ahired goon who only...   Mon, 4 Jun 2018 - 08:20
- - Pearlofwisdom   Yes I have read CPR27:14 and now have a better und...   Mon, 4 Jun 2018 - 08:56
- - nosferatu1001   Why on earth would you, as a company, spend employ...   Mon, 4 Jun 2018 - 09:00
- - Eljayjay   Imagining a parking company "to be of substan...   Mon, 4 Jun 2018 - 16:05
- - Pearlofwisdom   Your lease is almost certainly your greatest frien...   Mon, 4 Jun 2018 - 21:14
- - nosferatu1001   Did she also confirm the lease didn't contain ...   Mon, 4 Jun 2018 - 21:30
- - Eljayjay   Your solicitor almost certainly has a copy of your...   Tue, 5 Jun 2018 - 06:24
- - Pearlofwisdom   Point 6 This is the only refernce to the car pa...   Tue, 5 Jun 2018 - 15:34
- - nosferatu1001   Where is the def of the premises? It's capital...   Tue, 5 Jun 2018 - 17:44
- - ostell   But there is no mention of being charged by a thir...   Tue, 5 Jun 2018 - 17:52
|- - Pearlofwisdom   QUOTE (ostell @ Tue, 5 Jun 2018 - 18...   Tue, 5 Jun 2018 - 18:30
- - nosferatu1001   But not relevant if they wer not parked in- which ...   Wed, 6 Jun 2018 - 06:48
|- - Pearlofwisdom   QUOTE (nosferatu1001 @ Wed, 6 Jun 2018 ...   Wed, 6 Jun 2018 - 08:13
- - nosferatu1001   DPA - you need t olook at Vidal-Hall v Google. The...   Wed, 6 Jun 2018 - 08:17
- - Pearlofwisdom   £500 it is then, Im writing to the MA today. As ...   Wed, 6 Jun 2018 - 08:33
- - Eljayjay   Your lease really is an excellent friend. Usually...   Wed, 6 Jun 2018 - 16:24
- - Pearlofwisdom   .   Thu, 7 Jun 2018 - 07:32
- - Pearlofwisdom   Received the Particulars of Claim today. States VC...   Fri, 8 Jun 2018 - 13:20
- - Eljayjay   Just to make sure that we are singing from the sam...   Fri, 8 Jun 2018 - 13:52
|- - Pearlofwisdom   QUOTE (Eljayjay @ Fri, 8 Jun 2018 - 14...   Fri, 8 Jun 2018 - 14:01
- - Pearlofwisdom   POc as attached   Fri, 8 Jun 2018 - 14:13
- - Eljayjay   I am sorry to ask more questions, but... What was...   Fri, 8 Jun 2018 - 14:15
|- - Pearlofwisdom   QUOTE (Eljayjay @ Fri, 8 Jun 2018 - 15...   Fri, 8 Jun 2018 - 14:34
- - Pearlofwisdom   RE: PCN Issued on Residential Parking Space CC claim issued   Fri, 8 Jun 2018 - 14:23
- - Eljayjay   We are gradually getting there, but... The two po...   Fri, 8 Jun 2018 - 14:33
- - Pearlofwisdom   Currently struggling to get page 2 of POC (uploade...   Fri, 8 Jun 2018 - 15:18
- - Pearlofwisdom   LBC dated = 23rd April 2018 POC dated = 29th May 2...   Fri, 8 Jun 2018 - 15:38
- - Eljayjay   Did you reply to the LBC/LOC? I presume not; howe...   Fri, 8 Jun 2018 - 15:39
- - Pearlofwisdom   LBC reply sent 09th May 2018 Extracts of main poi...   Fri, 8 Jun 2018 - 15:47
- - Eljayjay   I am going to start drafting a defence for you. I...   Fri, 8 Jun 2018 - 16:08
- - Pearlofwisdom   My highest gratitude and appreciation – Im etern...   Fri, 8 Jun 2018 - 16:23
- - Eljayjay   Below you will find a draft defence for you to pos...   Sun, 10 Jun 2018 - 14:29
- - Pearlofwisdom   With regards to my Counterclaim and inclusion of t...   Sun, 10 Jun 2018 - 14:46
- - Pearlofwisdom   Eljayjay ....... To say that is brilliant is an u...   Sun, 10 Jun 2018 - 14:57
- - ostell   Would it be helpful to state that the lease does n...   Sun, 10 Jun 2018 - 16:25
|- - Pearlofwisdom   QUOTE (ostell @ Sun, 10 Jun 2018 - 17...   Sun, 10 Jun 2018 - 16:28
- - Eljayjay   I have great respect for ostell. Ostell does ofte...   Sun, 10 Jun 2018 - 17:51
|- - Pearlofwisdom   " In addition, the Claimant's deal may p...   Sun, 10 Jun 2018 - 19:21
|- - Redivi   QUOTE (Eljayjay @ Sun, 10 Jun 2018 - 18...   Sun, 10 Jun 2018 - 20:33
- - Redivi   That point has to be in the defence I would put i...   Sun, 10 Jun 2018 - 18:12
- - Eljayjay   I stand by my previous comment that there is no ne...   Sun, 10 Jun 2018 - 20:36
- - ostell   The PoC are embarrassing in that they do not give ...   Sun, 10 Jun 2018 - 21:24
- - Pearlofwisdom   Lessor is a 'Property Group' No mention of...   Sun, 10 Jun 2018 - 21:36
- - Eljayjay   What was the date on which you completed the purch...   Sun, 10 Jun 2018 - 21:57
- - Pearlofwisdom   15th April 2015 many thanks   Mon, 11 Jun 2018 - 07:17
- - Eljayjay   I have made some changes to post #48 mainly to rep...   Mon, 11 Jun 2018 - 10:53
- - Pearlofwisdom   £4496 Counterclaim amount Could that be doubled ...   Mon, 11 Jun 2018 - 10:58
- - nosferatu1001   Have you looked at the filing fees for a claim of ...   Mon, 11 Jun 2018 - 11:31
- - Pearlofwisdom   I'm have no intention of exploting this issue ...   Mon, 11 Jun 2018 - 11:40
- - Eljayjay   The counterclaim is being made for the Claimant...   Mon, 11 Jun 2018 - 11:58
|- - Pearlofwisdom   QUOTE (Eljayjay @ Mon, 11 Jun 2018 - 12...   Mon, 11 Jun 2018 - 13:30
- - Pearlofwisdom   There is an issue with PM's I can't send ...   Mon, 11 Jun 2018 - 16:20
- - Pearlofwisdom   Technology conspires against me. I have tried ever...   Mon, 11 Jun 2018 - 17:12
- - nosferatu1001   Tiny pics is your best bet.   Mon, 11 Jun 2018 - 17:15
- - Pearlofwisdom   Tried reducing photos / file size etc and still ca...   Mon, 11 Jun 2018 - 17:40
- - nosferatu1001   Again, try using tiny pics or another image hostin...   Mon, 11 Jun 2018 - 18:03
- - Pearlofwisdom   Eljayjay, would you kindly confirm receipt of plan...   Mon, 11 Jun 2018 - 19:42
- - The Rookie   Read the FAQ on posting pictures, or the advice ab...   Mon, 11 Jun 2018 - 20:02
- - Eljayjay   I have been through the lease. I can find absolut...   Tue, 12 Jun 2018 - 12:12
|- - Pearlofwisdom   QUOTE (Eljayjay @ Tue, 12 Jun 2018 - 13...   Tue, 12 Jun 2018 - 14:22
- - Eljayjay   I am putting together some notes on what the lease...   Tue, 12 Jun 2018 - 18:50
- - Pearlofwisdom   Any slight doubts I may have been harbouring have ...   Tue, 12 Jun 2018 - 20:24
- - Eljayjay   Yes, the parking companies are really quite clever...   Tue, 12 Jun 2018 - 21:35
- - Pearlofwisdom   Can anyone please tell /direct me to section of Th...   Thu, 14 Jun 2018 - 10:25
- - Eljayjay   legislation.gov.uk You may well be looking for se...   Thu, 14 Jun 2018 - 17:26
- - Pearlofwisdom   Thanks! Im gathering as much evidence as I c...   Fri, 15 Jun 2018 - 08:06
- - Eljayjay   Does that mean you have submitted your defence and...   Fri, 15 Jun 2018 - 09:29
- - Pearlofwisdom   Yes Defence and Counterclaim sent. I read the Def...   Fri, 15 Jun 2018 - 09:41
- - Eljayjay   OK, many thanks for that reply. I suspect that I ...   Fri, 15 Jun 2018 - 11:25
- - Pearlofwisdom   Again, I thank you for your invaluable input. I...   Fri, 15 Jun 2018 - 12:21
- - Eljayjay   In working on another thread, I found the followin...   Mon, 18 Jun 2018 - 12:27
- - Pearlofwisdom   I have recieved a letter and copy of form N180 fro...   Wed, 4 Jul 2018 - 09:04
- - Eljayjay   The time has come for you to complete your own for...   Wed, 4 Jul 2018 - 10:44
- - Pearlofwisdom   VCS have had their claim against me 'Struck Ou...   Sun, 5 Aug 2018 - 11:18
- - kommando   You have the right for your counterclaim to contin...   Sun, 5 Aug 2018 - 11:30
- - cabbyman   Popcorn time! Round 1 to you. They enter round...   Sun, 5 Aug 2018 - 13:10
- - Pearlofwisdom   Thank you for your replys. I say 'In their ab...   Sun, 5 Aug 2018 - 14:37
- - Umkomaas   ^^ Like your style ^^   Sun, 5 Aug 2018 - 19:53
- - Eljayjay   Why aye, that's canny, pet! I presume tha...   Sun, 5 Aug 2018 - 20:39
- - nosferatu1001   You dont need to vary the order - only the claim w...   Mon, 6 Aug 2018 - 07:52
- - cyclocross   QUOTE Yesterday I received another N24 IT IS ORDER...   Mon, 6 Aug 2018 - 08:22
- - Pearlofwisdom   First N24: 9th JUly 2018 : District Judge Temple ...   Mon, 6 Aug 2018 - 10:19
- - nosferatu1001   Have you checked to confirm YOUR counterclaim is s...   Mon, 6 Aug 2018 - 11:50
- - Pearlofwisdom   Vehicle Control Services Ltd : 1st Claimant Mrs x...   Mon, 6 Aug 2018 - 13:29
4 Pages V   1 2 3 > » 


Reply to this topicStart new topic
2 User(s) are reading this topic (2 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 04:35
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here