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VCS Letter Before Claim - CASE DISMISSED

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Comments

  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 March 2020 at 2:54PM
    Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES.

    Go back to the pub manager/brewery CEO and complain. Tell them that since they employed the scammers you need the name of the person who will be attending court as a witness. Point out this could have been cancelled at a much earlier point, and it is still not too late to do this now, irrespective of what the unregulated scammers might say to the contrary.

    If they can't/won't help then leave negative feedback on their website/trapadvisor/fakebook etcetera.

    Did you ever get a copy of the alleged contract between the pub and scammers? You can ask for it again but if you don't get it now, you will (should) get a copy at the evidence stage, so it is really important that one of your defence points is No Landowner Authority. You will require them to provide an unredacted contract with or flowing from the landowner showing that they are authorised to issue charges and initiate court claims.

    Complain to your MP about this unregulated scam. Copy in the MP where the pub is located if different stating that local business will suffer due to the predatory tactics of these scammers.
    I married my cousin. I had to...
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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Turnip00 said:
    Issue date is 9th March 2020
    With a Claim Issue Date of 9th March, you have until Monday 30th March to file an Acknowledgment of Service. If possible, do not file an AoS before 14th March, but otherwise there is nothing to be gained by delaying it. 

    Having filed an AoS, you have until 4pm on Tuesday 14th April 2020 to file your Defence.
    That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file both an AoS and a Defence, follow the guidance in this post:


    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
  • Turnip00
    Turnip00 Posts: 56 Forumite
    Fifth Anniversary 10 Posts
    I did get the contract after meeting with the landlord. It doesn't have a signature on it. 
    They don't use this parking company anymore so I don't know how that may affect things regarding cancelling the charge. 
    The fact they ignore my correspondence makes me think they'll happily go ahead with the claim regardless. 

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    They can still contact. They WERE their principal. Just get the reques tin writing. 
    If the C ignores this instruction, it undermines any claim they have. 
  • Turnip00
    Turnip00 Posts: 56 Forumite
    Fifth Anniversary 10 Posts
    I'll try to contact the landlord today and contact the relevant MP's. 
    Why delay until the 14th?
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who told you to do that, do it now.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Turnip00 said:
    Why delay until the 14th?
    D_P_Dance said:
    Who told you to do that, do it now.
    Please ignore DP's instruction.

    I'm not going to bother explaining the detail, but the reason you should delay filing an AoS until tomorrow is to get the maximum amount of time possible to create you Defence.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, ignore DP
    DP - filing before day 5 means the CCBC reduces your time to file a defence, from 28+5 to 28+(1 - 4) 
  • Turnip00
    Turnip00 Posts: 56 Forumite
    Fifth Anniversary 10 Posts
    I've now heard back from the landlord, he isn't able to stop the charge as they have ignored his requests in the past, one of the many reasons they no longer use the company. He is going to send me an email stating that they have never given signed authority for the parking company to take anyone to court over unpaid charges. I wonder of this will be helpful to the defence.  
  • Le_Kirk
    Le_Kirk Posts: 25,006 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes, it will be.  Even better if landlord would agree to be a witness in court as otherwise, it could be treated as hearsay (even though you have it in writing).
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