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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[emanresu]

The purpose of CPR 13.3 is to avoid injury to a defendant or a third party and nothing therein entitles a claimant to vary or set aside a judgment in circumstances where that variation would increase the judgment amount in his favour: Hertford Management Ltd v Mastorakis [2001] All ER (D) 277 (Mar).

So forget that trying to increase the amount.

the court may set aside or vary any other judgment that has been entered under Part 12 of the Civil Procedure Rules, if:


(1) the defendant has a real prospect of successfully defending the claim; or


(2) it appears to the court that there is some other good reason why the judgment should be set aside or varied, or why the defendant should be allowed to defend the claim.

It is a procedural hearing and so far 3 different DJ's are agreeing that the procedure (default judgement) is correct. The HHJ may decide that (1) above applies and it will be back into the pot again. Perhaps as this is a procedural hearing you could write and pass on the information but it is hearsay unless each court has sent a letter to confirm what they have told you verbally.

IMHO you just leave it to the court process as they will be applying the procedural rules - and they have more knowledge/experience. And I may be wrong but there is no mechanism to introduce new papers at this stage. The circuit judge will decide on the papers presented.

This post has been edited by emanresu: Sat, 29 Sep 2018 - 07:37

[Pearlofwisdom]

 vcs__N24.pdf ( 390.92K ) Number of downloads: 203


This arrived in the post Tues 30th Oct

VCS had their appeal against the Default Judgement.

They are now under strict proof to show that their Witness Bundle arrived on by 4pm on the 13th Sept.
It didn't it arrived on the 14th at 02pm.

The letter annex to WS was dated and signed 13th Sept marked 1st class post.

As their defence to my counterclaim is still missing, I'm going to ask for another/second default judgement.

A Hearing date has now been set for Feb 2019

[Pearlofwisdom]

Court Hearing today at 12.00pm

VCS put to strict proof that they had served their Response /Defence to my Counterclaim and that their WS bundle for Appeal to first strike out, was served on time as per Court Direction.

They couldn't on both counts. Case struck out for the second time.

Default Judgement ruled - yet again.

Didn't help that their Brief went to the wrong Court 20miles away and turned up 45 mins late.
He went to Local Magistrates 20 Miles, away instead of City Centre Combined Court.

Thought he was there under instuction from VCS to argue against first 'strike out'.
Oh dear.......

I was embarrassed for him.

So lets see what happens next.
Will I get my Counterclaim acknowledged without enforcement.

Yet another bad day at the office .........

[Umkomaas]

Didn't help that their Brief went to the wrong Court 20miles away and turned up 45 mins late.
He went to Local Magistrates 20 Miles, away instead of City Centre Combined Court.

Comedy Casebook - you couldn't make this stuff up.

[Pearlofwisdom]

Didn't help that their Brief went to the wrong Court 20miles away and turned up 45 mins late.
He went to Local Magistrates 20 Miles, away instead of City Centre Combined Court.

Comedy Casebook - you couldn't make this stuff up.

There's a huge distinction between a Magistrates Court and a County Court

You'd think a Solicitor would know that ............?

[nosferatu1001]

BLoody hell
Did you get further wasted costs for the day you wasted while they argued the wrong issue???

It really should be unreasonable behaviour by this point. Not even knowing what claim they were defending???!?!?

[Pearlofwisdom]

After the Appeal Hearing on the 5th Feb VCS had their claim against me dismissed.

I rang the court Friday to ask when I could expect payment for the Default Judgement ruled in my favour.

I was informed that VCS have now filed a 2nd Appeal, against the Discharge of 1st Apppeal.

The Judge on the day was thorough and displayed alacrity in reaching his verdict.

I will be vehemently objecting to a second Appeal being heard after the fiasco of the first one.

[nosferatu1001]

At this point is there anything else you can do as r4gards their behaviour?

Maybe a standards complaint to the SRA?

[Pearlofwisdom]

 VCS_Appeal.pdf ( 444.84K ) Number of downloads: 122


2 Default Judgements for not observing Court Direction and Procedure

1 Strike out for bungling Solicitor not knowing case for 1st Appeal and missing deadline for WS bundle

And now this !!!

2nd Appeal to first Appeal

Looking forward to the 15th of April to see if Mr Fizzywig turns up again

[Redivi]

Has VCS provided the documents that were ordered ?

[Pearlofwisdom]

Has VCS provided the documents that were ordered ?

Not yet, Im ringing the Court on Monday morning to check.
They'll follow their usual pattern and send them a day late!

[henrik777]

Has VCS provided the documents that were ordered ?

Have they missed the deadline ?

Also is the court date before the deadline due to the inefficiency of the court ?

After all the document date is 15th March and it's due within 35 days of SERVICE.

[Pearlofwisdom]

Has VCS provided the documents that were ordered ?

Have they missed the deadline ?

Also is the court date before the deadline due to the inefficiency of the court ?

After all the document date is 15th March and it's due within 35 days of SERVICE.

I received the Appellants Appeal Bundle yesterday.

All doc's included + 75 pages of transcripts of previous cases where appeals have been upheld and sanctions removed.



Listing still stands despite Courts late dispatch of N24

[henrik777]

What reasons did they give for the failures ?

This post has been edited by henrik777: Wed, 10 Apr 2019 - 19:29

[Pearlofwisdom]

What reasons did they give for the failures ?

None at all

Their brief didn't even know what he was there for - hence the Strike Out
to
Its listed for 10.00 am this morning and as Respondant I have to attend not withstanding that their 2nd Appeal has yet to be granted, if at all

[Pearlofwisdom]

After waiting 1½ hours to be called into Court the Case was eventually heard.

VCS had their appreal upheld!!!
So despite two Judges previously ruling the Judge this morning decided to overturn previous judgement.

The irony being, he didn't even have a court file in front of him and had to have it explained chronologically what had gone before.

Which was of course delivered by the Barrister that VCS had engaged.
They still claimed they had served a Defence to my Counterclaim despite there being NO proof.
I was even told I couldn’t sit in the first row before the Judge as I had I wasn’t legally represented.

However, the VCS Barrister was the most utterly, charming and affable individual who said it would be fine for me to sit in the front row.

Moral of the tale - don’t go before the bench unrepresented; otherwise you are nothing more than a wittering irritant.

So now it’s back in the Pot and been allocated YET again to the small claims track.
British Justice at its bloody best!!!

This post has been edited by Pearlofwisdom: Mon, 15 Apr 2019 - 15:26

[henrik777]

After waiting 1½ hours to be called into Court the Case was eventually heard.

VCS had their appreal upheld!!!
So despite two Judges previously ruling the Judge this morning decided to overturn previous judgement.

The irony being, he didn't even have a court file in front of him and had to have it explained chronologically what had gone before.

Which was of course delivered by the Barrister that VCS had engaged.
They still claimed they had served a Defence to my Counterclaim despite there being NO proof.
I was even told I couldn’t sit in the first row before the Judge as I had I wasn’t legally represented.

However, the VCS Barrister was the most utterly, charming and affable individual who said it would be fine for me to sit in the front row.

Moral of the tale - don’t go before the bench unrepresented; otherwise you are nothing more than a wittering irritant.

So now it’s back in the Pot and been allocated YET again to the small claims track.
British Justice at its bloody best!!!

It's difficult to say much because there's little to go on. However, having been asked to attend, it seems bizarre to not allow you to be in a position to participate.

[Pearlofwisdom]

We write in respect of the above matter.

We note that the Small Claims Hearing is due to take place on the 2nd of August 2019 at 10:00am.

Due to the considerable delay and expense that have been wasted in pursuing this matter, we are willing to put forward a drop hands offer.

Kindly confirm that you are amenable to the same?

If we do not hear from you by 4pm on the 29th of July 2019, then we will continue our pursuit.

We look forward to hearing from you. WITHOUT PREJUDICE


This email turned up today ???

To date we have had 2 Court Hearings
1st They appointed a Solicitor
2nd They appointed a Barrister


So clearly their costs are considersble.

Is this because they consider my counterclaim to be with merit and they will be incur considerably more costs?

Thoughts please .....

With many thanks


I am seriously considering their offer.

However, it will be conditional; in that they must attest too and ensure that they will not operate on or enter onto my Leasehold land again in writing.

[Jlc]

A drop hands offer may mean they think they'll lose. Make them a counter offer to settle.

[nosferatu1001]

Its a farily desperate play. My guess is they are fairly certain they will lose, given duh, lease, and you havea VERY good shot at gettings costs AND counterclaim

Personally I would keep going, but you could send a WP offer back asking them to settle for your costs to date and yoru counterclaim, and undertake to never trespass on yoru leasehold again