VCS Parking Charges (3) - Resulted In County Court Claim Form

KimmyHrunt

So i spoke to the management company again and asked for a copy of the agreement between themselves and the owner of the property (i.e my landlord) which includes the terms and conditions of the VCS agreement....to which i got an email response that they advise me to pay the fines as challenging them incurr additonal costs...they have other matters to deal with so if i chose to challenge then they are unable to assist - if i need a copy of the lease agreement then i have to speak to my landlord.

My landlord has said he's not signed anything for YEARS...and it appears the VCS agreement only came into play about a year or so ago (hes had the property for well over 10 years).

What are your suggestions here, are they trying to play hardball because they know there is nothing in the agreement or are they just ignorant/can't be bothered?

Its wound me up the tone of the email to be honest.

Can somebody advise on my what i should do here? (Obviously, exclude the mention of the defence which coupon has advised on).

Thank you

beamerguy

KimmyHrunt wrote: »

So i spoke to the management company again and asked for a copy of the agreement between themselves and the owner of the property (i.e my landlord) which includes the terms and conditions of the VCS agreement....to which i got an email response that they advise me to pay the fines as challenging them incurr additonal costs...they have other matters to deal with so if i chose to challenge then they are unable to assist - if i need a copy of the lease agreement then i have to speak to my landlord.

My landlord has said he's not signed anything for YEARS...and it appears the VCS agreement only came into play about a year or so ago (hes had the property for well over 10 years).

What are your suggestions here, are they trying to play hardball because they know there is nothing in the agreement or are they just ignorant/can't be bothered?

Its wound me up the tone of the email to be honest.

Can somebody advise on my what i should do here? (Obviously, exclude the mention of the defence which coupon has advised on).

Thank you

If the landlord has not signed anything for years, then ask him to get a copy as clearly someone signed up VCS

Ralph-y

" are they trying to play hardball because they know there is nothing in the agreement or are they just ignorant/can't be bothered?"

if you want to keep at them .........

email / write back and ask for a 'named person' and dates that they will not be available over the next few months ........ as you may well want to 'call them' to give evidence at court ..........

I don't know of any time this has actually been done .... but it has had an effect a few times

good luck

Ralph:cool:

The_Deep

Stop shilly shallying, get hold of the lease. Even if you do not know the flat owner, this could well affect him/her in the future.

Read this

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

and this

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

It is time these companies were given a bloody nose for harassing owners/tenants in their own homes.

KimmyHrunt

beamerguy wrote: »

If the landlord has not signed anything for years, then ask him to get a copy as clearly someone signed up VCS

Yes, the management company have signed up VCS (agreement is posted a page or so back), however i'm dubious that the lease the landlord of the property has has specific mention of the VCS T&C's.

The response i received from the management company suggests that they know there is nothing in it?

OR

They do not have anything to do with the lease of the property, thus they dont have a copy.....surely this would make the VCS agreement VOID?!

beamerguy

As The Deep says, you must get hold of the lease

And as Ralph says, you need to impress on the management company that you will have no option but to include them in any court action where they will have the opportunity to explain themselves with a statement of truth to the judge.

KimmyHrunt

Ok, so our landlord has requested a copy of his lease agreement with the management company (as he can't find his copy that he signed years ago). They have been awkward with him and said they would have to discuss it with somebody else, which he demanded a copy as its his agreement. He still has not got a copy yet, this conversation started on Friday. He's told us though that we was advised by the management company that (i'm not sure exactly which one):

A) The parking conditions are not covered in the lease agreement

OR

There is no mention of VCS or the T&C's VCS are operating to.


It sounds like they are reluctant to provide him with this information, but he's continuing to apply pressure.

I'm pretty sure that today my defence needs to be uploaded via the web.

I have photographic evidence for some of my points in my defence, do i include any of this evidence or just merelyhighlght the points (at this stage)?

Coupon-mad

No evidence yet (your photos and case law etc is for later in this process).

Just bullet points like you see in the example defences on this forum. I mentioned a couple last time I posted but this week I updated some of the NEWBIES thread, including the section under 'Small Claim?' where I've linked some defences you may not have seen yet.

The cases posted by the Deep are relevant.

You must cover all bases at this stage. Read the example defences linked in the NEWBIES thread and choose the 'best bits', you can unashamedly copy from them.

The_Deep

Have you read this?


https://forums.moneysavingexpert.com/discussion/5550911

KimmyHrunt

Update.

So the latest is that i had to submit my defence, without a copy of the landlords lease/agreement, as the management company pretty much messed him around. He cannot find his copy, so he requested a copy from them, to which they said they would look into it. During this process they confirmed verbally that there is NO inclusion of any terms and conditions to parking or VCS for that matter.

They then said that they would need to discuss this internally before they could provide a copy, then they advised that he would to request a copy online, but failed to provide ANY information of how he should do this....he said he felt like they were basically fobbing him off.

Then a week later, the management company advised that the agreement the landlord has would need to be requested from the Land Registry. Surely this means that the management company have NOTHING to do with the landlords lease? I've was told by another resident that this is the 3rd management company they have had, therefore it would be impossible for them to have input into the lease my landlord has signed up to?

The above has ran on for a couple of weeks, pretty much wasted time.

I have my suspicions that the management company were engaging VCS during this process, hopefully trying to stall.


I've just received my N180 form, which i'm following this guide on - https://forums.moneysavingexpert.com/discussion/5546325