PePiPoo Helping the motorist get justice

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: 101
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
12 Pages V  « < 10 11 12  
Start new topic
Replies (220 - 237)
Advertisement
post Sat, 2 Jun 2018 - 12:24
Post #


Advertise here!









Go to the top of the page
 
Quote Post
henrik777
post Tue, 18 Sep 2018 - 09:47
Post #221


Member


Group: Members
Posts: 1,674
Joined: 16 Nov 2008
Member No.: 24,123



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.
Go to the top of the page
 
+Quote Post
kommando
post Tue, 18 Sep 2018 - 09:51
Post #222


Member


Group: Members
Posts: 4,041
Joined: 6 Oct 2012
Member No.: 57,558



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.
Go to the top of the page
 
+Quote Post
Pensioner
post Tue, 18 Sep 2018 - 10:01
Post #223


Member


Group: Members
Posts: 107
Joined: 22 Jul 2017
Member No.: 93,141



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/
Go to the top of the page
 
+Quote Post
Redivi
post Tue, 18 Sep 2018 - 10:32
Post #224


Member


Group: Members
Posts: 1,880
Joined: 31 Jan 2018
Member No.: 96,238



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
Go to the top of the page
 
+Quote Post
kommando
post Tue, 18 Sep 2018 - 10:35
Post #225


Member


Group: Members
Posts: 4,041
Joined: 6 Oct 2012
Member No.: 57,558



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
Go to the top of the page
 
+Quote Post
henrik777
post Tue, 18 Sep 2018 - 10:41
Post #226


Member


Group: Members
Posts: 1,674
Joined: 16 Nov 2008
Member No.: 24,123



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
Go to the top of the page
 
+Quote Post
Pearlofwisdom
post Tue, 18 Sep 2018 - 11:31
Post #227


Member


Group: Members
Posts: 101
Joined: 2 Jun 2018
Member No.: 98,224



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
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 18 Sep 2018 - 12:20
Post #228


Member


Group: Members
Posts: 17,616
Joined: 27 Nov 2007
Member No.: 15,642



Strict proof is just proof wink.gif

t still hadnt been processed by that point...
Go to the top of the page
 
+Quote Post
henrik777
post Tue, 18 Sep 2018 - 12:30
Post #229


Member


Group: Members
Posts: 1,674
Joined: 16 Nov 2008
Member No.: 24,123



QUOTE (henrik777 @ Sat, 15 Sep 2018 - 21:59) *
QUOTE (Albert Ross @ Sat, 15 Sep 2018 - 21:34) *
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/

QUOTE
“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.
Go to the top of the page
 
+Quote Post
Pearlofwisdom
post Tue, 18 Sep 2018 - 12:53
Post #230


Member


Group: Members
Posts: 101
Joined: 2 Jun 2018
Member No.: 98,224



tongue.gif And here's me thinking I was on a roll! biggrin.gif

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. cussing.gif

Note to self - calm down!

Go to the top of the page
 
+Quote Post
Eljayjay
post Tue, 18 Sep 2018 - 23:08
Post #231


Member


Group: Members
Posts: 805
Joined: 1 Apr 2017
Member No.: 91,235



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.
Go to the top of the page
 
+Quote Post
Pearlofwisdom
post Wed, 19 Sep 2018 - 07:06
Post #232


Member


Group: Members
Posts: 101
Joined: 2 Jun 2018
Member No.: 98,224



QUOTE (Eljayjay @ Wed, 19 Sep 2018 - 00:08) *
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.



icon_cheers.gif icon_cheers.gif icon_cheers.gif icon_cheers.gif icon_cheers.gif
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 19 Sep 2018 - 08:56
Post #233


Member


Group: Members
Posts: 17,616
Joined: 27 Nov 2007
Member No.: 15,642



Pretty sure they have right to roam wink.gif
Go to the top of the page
 
+Quote Post
Pearlofwisdom
post Wed, 19 Sep 2018 - 09:20
Post #234


Member


Group: Members
Posts: 101
Joined: 2 Jun 2018
Member No.: 98,224



QUOTE (nosferatu1001 @ Wed, 19 Sep 2018 - 09:56) *
Pretty sure they have right to roam wink.gif


Not on Horseback with Quads, whilst hunting with dogs flushing out Foxes.
biggrin.gif laugh.gif
Go to the top of the page
 
+Quote Post
ManxRed
post Wed, 19 Sep 2018 - 09:30
Post #235


Member


Group: Members
Posts: 9,132
Joined: 20 Aug 2008
Member No.: 21,992



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


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 19 Sep 2018 - 09:34
Post #236


Member


Group: Members
Posts: 17,616
Joined: 27 Nov 2007
Member No.: 15,642



It isnt parking, so theyd have to use something else wink.gif
Go to the top of the page
 
+Quote Post
Fluffykins
post Wed, 19 Sep 2018 - 10:12
Post #237


Member


Group: Members
Posts: 221
Joined: 26 Feb 2008
Member No.: 17,593



QUOTE (nosferatu1001 @ Wed, 19 Sep 2018 - 10:34) *
It isnt parking, so theyd have to use something else wink.gif


Don't you just love neighsayers?
Go to the top of the page
 
+Quote Post
Pearlofwisdom
post Wed, 19 Sep 2018 - 10:18
Post #238


Member


Group: Members
Posts: 101
Joined: 2 Jun 2018
Member No.: 98,224



QUOTE (Fluffykins @ Wed, 19 Sep 2018 - 11:12) *
QUOTE (nosferatu1001 @ Wed, 19 Sep 2018 - 10:34) *
It isnt parking, so theyd have to use something else wink.gif


Don't you just love neighsayers? ........ laughing4.gif biggrin.gif

Go to the top of the page
 
+Quote Post

12 Pages V  « < 10 11 12
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Monday, 24th September 2018 - 06:41
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.