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VCS County Claim form received, Probably need some help with DEFENCE and other bits
Lape
post Thu, 3 May 2018 - 18:23
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Hello everyone,

More than a year ago, my partner received a letter 'FINAL REMINDER', for parking and not paying on Albert Street, Birmingham B5 5JH. We checked it on googlemaps, and it's a small street with only 4 parking spaces for disabled. He swore, he never even stopped there. We checked VCS provided link for evidence, and the system couldn't find any. So we decided it's a scam and binned the letter.
9 MONTHS later, he received LBC form VCS. We wrote the letter back, denying he was a driver, asking why he never received PCN, requesting for photos and the detailed explanation were exactly the car breached the laws. Reply came a week after. They told us they have sent the PCN, added it's 'copy' and photos, but did't explained where was the place of the 'crime'.
After spending some time on googlemaps, I have realized that Albert street and the the given post code doesn't match. The problem is, there is an actual Albert Street parking, NCP Albert Street car park, and car park that comes under name Albert Street car park, but on internet the last one is showed as Excel, and instead of postcode B5 5JH it comes under address Freeman Street B5 5HT and falls out of the area of the postcode indicated in the letter. It took me a while to find out the ends...
So we came back after holiday and found the Country Claim form and the Particulars of Claim .
* I would like to ask you, would it be possible to win, proving that the Site Name stated in letters from VCS as 'Albert Street Birmingham B5 5JH' is unclear and misleading, because it doesn't say that it's a car park in first place, there is no street address indicated, and the site doesn't belong to that post code?
* One more thing, it's said that the contravention day is 26/04 and issue date of NTK 10/05, which means it's already 15 days gap + days of service. Does it mean they can't legally pursue my partner as a keeper?

This post has been edited by southpaw82: Wed, 30 May 2018 - 20:49
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post Thu, 3 May 2018 - 18:23
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emanresu
post Mon, 15 Oct 2018 - 05:44
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QUOTE
I've just received their 56 pages long WS


How do they explain the difference between the name on the signs and the name of the claimant?

They've lost an Albert Street one last week on "not the driver"
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Lape
post Mon, 15 Oct 2018 - 06:01
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' in order to address the difficulties with the order, the lawful occupant Excel Ltd. 'Our Client', appointed the Claimant to manage within the development'.

I couldn't believe it, Mr. Sebastian Martin just decided to go straight forward. It's the first time when Excel was mentioned from their side. No documents proving 'appointment' were attached to their WS, only agreement in between VCS and other parking services company, that name I can't read, because the document quality is horrible. It looks like it's PACH parking services?

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emanresu
post Mon, 15 Oct 2018 - 07:21
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QUOTE
the lawful occupant Excel Ltd


Since the occupant is Excel and the signs are Excel, the contract is with Excel. The only way VCS could issue a claim in their own name is if the deed was assigned and there is no assignment with the bundle or indicated. In addition, this was not pleaded earlier in the case.
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nosferatu1001
post Mon, 15 Oct 2018 - 10:44
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Yep, so that all needs addressing in the WS

It needs to be pointed out that the CLaimant has to prove standing
VCS hasnt done so.
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Lape
post Thu, 1 Nov 2018 - 17:42
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We won the case today. Thank you all for the help and comments! =)

It took 20min, and the case was dismissed because it was unclear with who the defendant entered the contract, VCS or EXcel. Judge Fawcett was amazing =)
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Redivi
post Thu, 1 Nov 2018 - 18:13
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Very well done

Tell us more

That name is familiar
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