PCN Issued on Residential Parking Space CC claim issued Options

[Pearlofwisdom]

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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[henrik777]

If you miss the deadline for set aside it's not impossible to have it set aside. In fact we regularly see many default CCJs set aside months and years later because the victim didn't know about it initially.

If you can argue at a set aside application and evidence the fact you told them then that's a massive hurdle as applications must be made promptly.

[kommando]

I would not be alerting them to the deadline, let the deadline pass and then they are the ones doing the worrying and concocting a way out of the mess they got themselves into.

[Pensioner]

I would just leave it for a month from the date judgements, that will be well beyond the time limit for any appeals.


Without any notification to the claimant fill in and send the forms for uplifting to the High Court (Fee £66.00). All the other costs are added to the debt.

https://www.courtenforcementservices.co.uk/...ing-high-court/

[Redivi]

Does anyone know the layout of 2 Europa Court, Sheffield Business Park ?

The address is shared with Excel and I wouldn't put it past Excel/VCS to tell the bailiffs that VCS has no assets there

A couple of alternatives :

Apply for an order to freeze a bank account if known

Apply for an order to force Simon R-S into court to be questioned about the bank accounts

[kommando]

Why not apply for an order that all judgements won by VCS are paid to POV until the full amount is paid. So the only way not to pay POV is by VCS not winning any more claims.

This post has been edited by kommando: Tue, 18 Sep 2018 - 10:37

[henrik777]

It's 1 day past deemed service of the order (an order which was ages ago but still ...).

Take a chill pill people.

This post has been edited by henrik777: Tue, 18 Sep 2018 - 10:44

[Pearlofwisdom]

Should VCs appeal, I would aver that the Appellant was put to Strict Proof as to how & why they failed to submit a Defence to Counterclaim and failed to submit their WS Bundle on time.

It still wasn’t with the CC on Monday 17th Sept. 4 Days passed deadline.

It not just a hurdle it’s Bechers Brook

[nosferatu1001]

Strict proof is just proof

t still hadnt been processed by that point...

[henrik777]

Without wanting to sound like a harbinger of doom.

I would like to suggest that a hearing on the principle claim, if it goes in their favour may elicit an appeal on the counterclaim. Even if it is out of time.

Or more likely that a no contest on the principle claim would mean that the counterclaim would have no persuasive weight for it not being argued in open court.
An appeal on the counterclaim, effectively a setaside. That includes the principle claim hearing.

You may have a pyrrhic victory with no persuasive effect.

But well done.. & as you have so far, have faith in the system.

Out of time set asides are a huge pain if you don't have a very good reason. http://www.civillitigationbrief.com/2017/0...t-be-explained/

“It is always incumbent upon a solicitor seeking relief from sanctions to explain why something is late or why a proffered date could not in fact be met. On that topic, an analogy can be drawn with the recent trend in cases concerned with late amendments, such as Su-Ling v Goldman Sachs International [2015] EWHC 759 (Comm), where Carr J made plain that, on the recent authorities, the absence of a proper explanation for delay will often, without more, lead to the application to amend being refused.”

You don't need to put someone to proof of something they need to"prove" anyway.

[Pearlofwisdom]

And here's me thinking I was on a roll!

I was woken up this morning by the Local Hunt out Cubbing in my field at the back of the house.

I ran out and yelled at them that "They were nothing but a Gang of unlawful serial Trespassers tortuously interfering with my Freehold.

They looked at me like I was a Mad woman.

Note to self - calm down!

[Eljayjay]

Try some signage along the lines...

PRIVATE LAND

HORSE PARKING IS FREE FOR A HORSE DISPLAYING A PERMIT.

THE RIDER OF ANY HORSE PARKING WITHOUT DISPLAYING A PERMIT AGREES TO PAY A HORSE PARKING CHARGE OF £100.

But do not hire VCS to manage the parking scheme for you.

[Pearlofwisdom]

Try some signage along the lines...

PRIVATE LAND

HORSE PARKING IS FREE FOR A HORSE DISPLAYING A PERMIT.

THE RIDER OF ANY HORSE PARKING WITHOUT DISPLAYING A PERMIT AGREES TO PAY A HORSE PARKING CHARGE OF £100.

But do not hire VCS to manage the parking scheme for you.

[nosferatu1001]

Pretty sure they have right to roam

[Pearlofwisdom]

Pretty sure they have right to roam

Not on Horseback with Quads, whilst hunting with dogs flushing out Foxes.

[ManxRed]

Which bit of POFA deals with the transfer of liability to the rider for any transgression incurred by the horse?

[nosferatu1001]

It isnt parking, so theyd have to use something else

[Fluffykins]

It isnt parking, so theyd have to use something else

Don't you just love neighsayers?

[Pearlofwisdom]

It isnt parking, so theyd have to use something else

Don't you just love neighsayers? ........

[Pearlofwisdom]

VCS have filed an Application to set aside the Judgement by Default, given the seriousness of the Order.

They base their case upon good reason of a defence being filed and the claimant having a real prospect of successfully defending the claim.

In addition the Claimant seeks that the Court excercise its powers pursunat to CPR 3.4 (2) and strike out the defendants counterclaim given that is has no real prospects of success.

They go on to claim I am not the owner of the Demised land and I am not granted immediate and exclusive possession in any event.

Furthermore, the claimant denies that the defendant owns the apartment or the any applicable demised parking space. (sic)

Thoughts ???

[nosferatu1001]

Post the actual applicaiton, I would suggest. It helps to see it set out.