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Private Land, PCNs from VCS that was recruited by the Management Company, Ignored all PCNs and corresponcence
karenep
post Tue, 7 Aug 2018 - 14:08
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We own the property and have an allocated space within the lease - no details of a Parking Scheme in Lease!! Management Company chose to bring in VCS and require you to display a permit to park, failure to show this, you get a PCN placed on the Car - which I ignored as I thought it was just a scam to get money out of me, never thought it would go to Court. I ignored all PCNs, all correspondence and now we have Court papers, three in fact. I contacted the Management Company requiring them to remove me from the Scheme or get the fines cancelled. As it is a group scheme, they cannot remove me - nor can they get the fines cancelled. The fines have come through in my name, however, I was not the one driving the vehicle on these particular days. I have contacted the local MP in Manchester and await her input. I’m wondering what chance I have of fighting this now - would it be better to recruit someone to do this for me? I have spoken to with the Landlords "Mainstay" who basically push me back to Premier Estates, the Management Company who took out the parking contract.
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post Tue, 7 Aug 2018 - 14:08
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nosferatu1001
post Fri, 28 Sep 2018 - 15:28
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You respond back, and point out that LInda has apparently milead Nicola, and in fact ther has been no response to the communication of x date. Please esnure this is complied with as soon as possible


The £100 is normal, so up to you.
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Eljayjay
post Fri, 28 Sep 2018 - 15:45
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I think you have no option but to complete the form N244 and pay the £100.

You can download a form N244 from https://assets.publishing.service.gov.uk/go...44_web_0818.pdf

and you can download notes for guidance on its completion from https://assets.publishing.service.gov.uk/go...4-notes-eng.pdf

Have a go at completing it. If you are in any doubt about how to answer any of the questions, do not hesitate to ask.

I am inclined to agree with nosferatu1001 about how to reply to Nicola, but let me mull it over.
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karenep
post Sun, 30 Sep 2018 - 21:11
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QUOTE (Eljayjay @ Fri, 28 Sep 2018 - 16:45) *
I think you have no option but to complete the form N244 and pay the £100.

You can download a form N244 from https://assets.publishing.service.gov.uk/go...44_web_0818.pdf

and you can download notes for guidance on its completion from https://assets.publishing.service.gov.uk/go...4-notes-eng.pdf

Have a go at completing it. If you are in any doubt about how to answer any of the questions, do not hesitate to ask.

I am inclined to agree with nosferatu1001 about how to reply to Nicola, but let me mull it over.


Thank you, I will start filling in the form, re Premier - I await your suggestions.
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karenep
post Wed, 3 Oct 2018 - 10:26
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Need a bit of advice on the completion of the N244 form.

Question 4) Have you attached a draft of the order - I answered No?

Question 5) How do you want to have this application dealt with- Hearing? Without Hearing? A Telephone Hearing?

Question 9) Who should be served with this Application - Do I need to put in Vehicle Control Services here?

Question 10) Do I need to attach either witness statement, the statement of case or the evidence set out in the box below?

This post has been edited by karenep: Wed, 3 Oct 2018 - 10:28
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nosferatu1001
post Wed, 3 Oct 2018 - 11:08
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Then you should swap thatm, and change it to YES
HAve a look here for Draft Orders. they MUST include a line that costs are reserved, and then further a line about the costs beocoming payable should the claimant discontinue...

You MUST havea draft order. This sets out what YOU want the Judge to Order.
Post here for critique but be quick

Hearing. Obviously you wil lbe able to explain yourself more easily there

Yes VCS should be served
Witness statement to support WHY you should be permitted to have a set aside granted. THis is what youve hopefully been working on? You should also attach a draft defence -generic such as no keeper compliance, no standing to sue, signage fails to make a contract, signage is sparse and could not be seen, signage fails to convey the core term (parking charge) such that it is unambiguously drawn to the attention of the driver at the time, etc

Obviously you MUST NOT identify the driver at any point here. Dont even hint. "The Driver" parked, etc. NEVER first person.
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karenep
post Thu, 4 Oct 2018 - 10:50
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So today, we have received a PCN- Final Reminder off Vehicle Control Services. My Daughters Vehicle, again parked in our allocated space as detailed in the Lease.

"A Notice to Keeper was issued to you, the Registered Keeper of the vehicle, by post on 30/08/2018 and our records indicate that we have had no response to that Notice.
It is now too late for you to appeal as the timescale for doing so has elapsed. At our sole discretion, we may consider a late appeal if there are exceptional
mitigating circumstances. Payment is now required in the sum of £100 within 14 days of the Issue Date of this Notice. ie. no later than 12/10/2019". Send a reply or not?

Also, what are the thoughts on writing back to Dear Linda's replacement - tell her she has bee mislead by Linda and I still await the reply within the 30 days I provided her with.
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nosferatu1001
post Thu, 4 Oct 2018 - 11:16
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You should give that a try

Hows your WS and draft order looking? One has a far more serious deadline than the other.
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karenep
post Thu, 4 Oct 2018 - 23:59
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QUOTE (nosferatu1001 @ Thu, 4 Oct 2018 - 12:16) *
You should give that a try

Hows your WS and draft order looking? One has a far more serious deadline than the other.



Done and being hand delivered to Worcester Courts.


This post has been edited by karenep: Thu, 4 Oct 2018 - 23:59
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ostell
post Fri, 5 Oct 2018 - 07:54
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QUOTE (karenep @ Fri, 5 Oct 2018 - 00:59) *
Done and being hand delivered to Worcester Courts.


Try and get some form of receipt from the court.
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nosferatu1001
post Fri, 5 Oct 2018 - 08:42
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Would be good to see them at least...given how important they are.
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karenep
post Fri, 19 Oct 2018 - 12:48
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update.....

Heard back from the Courts today, regarding my amended Defence and Counterclaim, they have granted permission to pursue this, need to send fee of £455 to Counterclaim, based on the figure I am counter claiming. VCS to file and serve on the Defendant reply to Counterclaim by 2 November 2018.
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Redivi
post Fri, 19 Oct 2018 - 14:27
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How much are you counterclaiming ?

£455 is the fee for £5000 to £10000
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ManxRed
post Fri, 19 Oct 2018 - 14:30
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According to an earlier post its £8,376.

Equivalent to the local daily parking fee for one space over the period of days that VCS have been operating an unlawful parking business on the OP's property.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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SchoolRunMum
post Fri, 19 Oct 2018 - 17:27
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QUOTE (nosferatu1001 @ Thu, 16 Aug 2018 - 09:45) *
DO you really want to spend the best part of £500 on a counterclaim I'm not sure any court would entertain? I have yet to see this trespass based on daily parking rates approach win.


I agree.

Concerning to see so many cases steered a certain way, to the cost of the posters here, who might then struggle to argue their case.

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Churchmouse
post Sat, 20 Oct 2018 - 00:27
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QUOTE (SchoolRunMum @ Fri, 19 Oct 2018 - 18:27) *
QUOTE (nosferatu1001 @ Thu, 16 Aug 2018 - 09:45) *
DO you really want to spend the best part of £500 on a counterclaim I'm not sure any court would entertain? I have yet to see this trespass based on daily parking rates approach win.


I agree.

Concerning to see so many cases steered a certain way, to the cost of the posters here, who might then struggle to argue their case.

There's always crowdfunding...

--Churchmouse
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Redivi
post Sat, 20 Oct 2018 - 03:29
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The issue is muddied by the existence of the original claim and the amount of the counter-claim

It is no different in principle from a resident that receives notice that a parking company has been introduced
He has the option of parking on his property at the risk of receiving the PCN, or paying to park elsewhere

Would he succeed with an immediate argument that the parking company's employment amounts to trespass ?
Who is liable for the trespass - management agent ? parking company ? both ?
Would he succeed with a claim for the cost if he parked elsewhere as a result ?
Can he claim the same amount if he doesn't park elsewhere but displays the permit instead ?
Is he required to take legal action promptly, as soon as the permit scheme is introduced ?

The general principle in assessing damages for trespass is the loss caused or the benefit the trespasser hoped to gain
A court could find that a better estimate than the local parking charge is the average number of parking notices issued to residents
Could VCS be forced to reveal that information ?

Is there other case law regarding the use of another's property with the intention of making a profit ?




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SchoolRunMum
post Sat, 20 Oct 2018 - 18:06
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QUOTE (Churchmouse @ Sat, 20 Oct 2018 - 01:27) *
QUOTE (SchoolRunMum @ Fri, 19 Oct 2018 - 18:27) *
QUOTE (nosferatu1001 @ Thu, 16 Aug 2018 - 09:45) *
DO you really want to spend the best part of £500 on a counterclaim I'm not sure any court would entertain? I have yet to see this trespass based on daily parking rates approach win.


I agree.

Concerning to see so many cases steered a certain way, to the cost of the posters here, who might then struggle to argue their case.

There's always crowdfunding...

--Churchmouse


I suspect that's exactly what the person steering all these cases wants. Quelle surprise when out of the woodwork comes a lay rep.

No thanks, this is not right and the argument about charging for the daily rate of parking elsewhere seems deluded to me.
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