Vcs letter before claim...mistake of calling VCS when receiving NTK...Help!

Suggii

Yes I noticed that too, the signs most say excel manage the car park, except the one that mentions VCS.

Thanks for pointing out the contract is expired.
Does that mean VCS dnt have a standing? Correct me if I am wrong.

U414830

I'll have to let the experts answer that one.

The Judge did mention that the signs were confusing as to who the contract was with plus my payment ticket was excel.

Even though they are sister company don't forget on the gov website both are separate and have different vat numbers.

U414830

Not sure if it is worth mentioning that the contract has been written by vcs and excel for their own records.

Is it worth the paper it's written on?

Suggii

1.The cases they rely on their statement are;

Thornton vs shoe lane parking 1971: that the sign was the offer and the act of parking the acceptance of the offer in each occasion.

Vine vs Waltham Forest 2002 “once it is established sufficient and adequate warning notices were in place, a driver cannot say they did not see the notice”

Parking eye v beavis 2015 that a contract exists on the terms on the notice and by parking I accepted the notice

Vcs ltd vs ward that a breach caused by unforeseen circumstances is not a defence. And a breakdown in a no stopping zone is a breach.

VCS v Crutchley - they rely that not occupying a parking space is not relevant to this matter. but is a breach in obstructing other motorists.


2.they rely on POFA, on keeper liability, when the the driver is admitted. it doesn't make any sense.

3.they claim defendant claims that there is no evidence of him having failed to purchase the appropriate parking time.

4.they also state the car was parked 30mins, when on the NTK it states 29minutes.

5.they claim they comply with CPR 16.4, as claim was issued online using MCOL under para 4.....and particulars of claim were included, however, it had to comply with the 1080 characters set out.

6.they rely on para 5.2 PD 7E, claiming no breach of the PD 16 or CPR16

7. cases mentioned where VCS discontinued cases in the defence. they say the claimant will not enter into discusssion regarding matters involving third parties. as each case is assessed on basis of its own facts.

8.they claim even if a breakdown occurred, there was an obligation to make payment regarding the reason for being in the car park.
using Davis Contractors v Fareham Urban DC 1956 A.C.696 for the argument on frustration of contract.

9. they use IPC code of practice Part E schedule 5 regarding the additional £60 ontop for debt recovery.

10. they rely on the case of Chaplair LTD v Kumari 2015 EWCA798 for not paying within 28days, so the additional £60 for damages incurred.

any advice on how to argue these cases?

i have been reading about the abuse of process regarding the addition £60 and will use that in the WS.
along with the 2 cases being struck out for this very reason.

beamerguy

The cases they quote probably do not relate to you.
The boffins on here will soon let you know

So they rely on POFA2012 now ? When BWLegal acted for them, they said VCS did not rely on POFA2012..

Just read this about BWLegal where they kept failing VCS with rubbish statements
https://forums.moneysavingexpert.com/discussion/comment/72775365#Comment_72775365

Interesting that they blurt out other cases but when it comes to their own failures it's all very secret ??

They are relying on the IPC code of practice ???
Not only is the IPC a scam (their own fault for subscribing to a scam), the code only applies to the IPC membership and NOT the motorist .... you rely on the law which is POFA2012 and that law clearly states ...
"This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4"
VCS don't seem to understand this ?

They refer to Parking Eye v Beavis. The Supreme court never ruled that the fake £60 was legal ? Including this in a claim is outdated rubbish and the courts know that
And a judge said to them .....
The claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme court v Beavis

And YES, VCS recently got spanked for ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
SEE POST #105

On the same thread see post #14 by coupon-mad and copy the text into any claim

Suggii

Just sending a dropbox link of their WS. If anyone can help out tear out this WS, would b grateful.

https://www.dropbox.com/sc/ht4gdf6f5386xrb/AADKsPWqR2Xq1kZwOH_YDiCNa

Apologies if I havent done the order correctly, newbie mistake i guess. Trying to get a hang of all this

Coupon-mad

any advice on how to argue these cases?

Yes - just search the forum for the surnames, as I keep telling people on VCS threads!

We don't need to read/consider/demolish this template WS all over again. The forum is here as a HUUGE resource, with everything already done on another thread, for the want of a few searches. With the best will in the World, the forum is so busy we have no time to write the same thing again.

I promise you it is already here.

Suggii

I cant find a lot on Ward or Crutchley and RichieBoy56s thread on Ward is not there anymore. the rest of the cases mentioned i seemed to find on MSE.

its difficult to distinguish Ward,Crutchley to my OHs case.

any advice?

Ralph-y

see if this helps ...



HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.






Ralph:cool:

Coupon-mad

Suggii wrote: »

I cant find a lot on Ward or Crutchley and RichieBoy56s thread on Ward is not there anymore. the rest of the cases mentioned i seemed to find on MSE.

its difficult to distinguish Ward, Crutchley to my OHs case.

any advice?

Stick to what we know about this site:

It a just a private car park in the City Centre (Albert Street in Birmingham)

The mixed Excel/VCS signs kill it. Search the forum for Zozulya if you haven't already (this thread is too long for me to check back).