VCS Letter Before Claim - CASE DISMISSED

Snakes_Belly

Turnip00 said:

I haven't received anything yet although there is still time within the 28 day limit specified in my papers.  As far as i'm aware, everything, including the initial NTK, was sent out after their contract had expired.

In the contract the landowner gives VCS the right to start legal action but at the point they start legal action they do not have authority. Will have to look at the contract carefully to see if there is anything regarding this to see if there is any mention of ongoing claims.

Fruitcake

Please post the contract here. Ms Belly has seen it and has told me there is nothing contentious about it. She is a trustworthy regular who has been up against a scammer in court. If she says it is okay to post the contract here, then you should take her advice and do so.

If/when you get the scammer's version of the contract, please post it here exactly as received, so we can all carefully compare the two versions to see if they are different. Ideally hold off sending your WS and exhibits in the hope that theirs will arrive first, but do not miss the filing date to submit yours.

If the names and signatures on their version are redacted, then you submit yours stating it was supplied by the landowner unsigned, so there is no proof the scammers ever had a contract to scam.
If it is obvious that there are names and signatures that have been redacted, then you quote the persuasive Hancock vs Promontoria Appeal Court case quoted by Johnersh in his Redactions in Disclosure thread. 

If the names are readable, then check with Companies House records to see if the signatories were authorised to execute a contract in strict accordance with Section 44 of the Companies Act 2006. This Act requires two authorised signatories from each company. These two signatories must be either directors, a director and a witness, or Company Secretaries.
If the names are unreadable, and/or their position in their company is not one of those stipulated in the above Act, then state that they did not have the capacity to sign a contract on behalf of the landowner. Case number F1DP92 at Truro County Court earlier this year will help you with that point.

If the scammers obtained keeper data after their contract with the landowner ended, complain to the DVLA and state this in your WS.
If the NTK was issued after their contract ended, then complain state this in your WS, and complain to the IPC.
If court proceedings were issued after their contract ended, then state this in your WS.
All this should add up to the fact that they no longer had a contract authorising them to pursue charges once the contract ended. Had they issued the NTK  whilst the contract was still active then what followed could be reasonable, but not  once they no longer had a contract to scam.

Include proof of course of anything you say.

Turnip00

As I haven't be given permission to publicly share the contract,  I feel uneasy about doing so for now. I understand that I may be hindering myself by that. 

Umkomaas

Turnip00 said:

I understand that I may be hindering myself by that. 

As well as others trying to help you with your problem. People soon move on if pushing the boulder is always uphill.  

As I haven't be given permission to publicly share the contract

Whose permission are you expecting?

Snakes_Belly

I think that it is really important to post the contract that the Claimant will include in their WS. 

You have issued counter claim against the Claimant who are defending the counterclaim so there is little possibility of the Claimant discontinuing the case. 

Turnip00

Contract for anyone who is interested.

Fruitcake

To all regulars, the redacted BLANK contract shown has been provided by the landowner. 

The scammers have not yet provided a copy, so the fact that this version is not signed is irrelevant. 

I don't know why the OP has redacted the details of both the scammers and the client. WE know who the scammers are sThat doesn't help, but until we see a copy provided by the scammers with names and dates, it's not yet as useful a document as we would really like.

Turnip, if you are going to post information, only redact YOUR personal data. What you have posted is of no use if we don't know who the client is.

Snakes_Belly

What is interesting is that there is no mention of rights over pursuing existing claims through the courts after termination of the contract with the landowner. I think that clause is in Excel's and VCS's more recent contracts. Naturally we will need to see the contract that they produce in their WS.

Turnip00

I removed all names as I don't know about data protection and would rather err on the side of caution.  
The contract is definitely between the landowner/car park and the claimant.  
Regarding the claimant WS, I should have that by Wednesday, if they bother. They will have mine. 

Fruitcake

We already know the name of the claimant, and the name of the landowner will already be in the public domain at the Land Registry, and possibly at Companies House. There is no problem with posting anything that the public already have access to. There are no data protection issues.

I gave a fairly detailed account of the Ifs and Buts in my post yesterday. Once you receive the scammer's WS and exhibits you will be able to compare the two contracts.
If you post a copy here, unredacted by you, the whole might of this forum will be able to pick out useful points to help you.
I stress that for the regulars to do this, you MUST NOT redact anything yourself other than YOUR personal data, or you will send us down blind alleys. Your personal data is not contained in the contract, so there is absolutely no reason for you to redact any part of it.

As I said in my previous post it is a case of,
If this, then use this defence point,
If that, then use that defence point.

I gave you an idea of some of the points you might need, so you can starting doing brief research about those subjects now so you will know which ones apply when you see their copy of the contract, and how to rebut their claims.

Hang fire on sending your WS as long as possible in the hope you get to see theirs first, but of course, do not miss your filing date.

Have you double checked the dates of documentation you received and compared it against the contract termination date? Do you have written proof of the contract termination date because it is vitally important you include that in your WS.
If you can prove the scammers did not have a contract to scam when the scammers applied for keeper data from the DVLA and when you received documentation then have you started the complaints I advised you to make earlier?