Miss R versus VCS Ltd

beamerguy

JesterShoe wrote: »

It is defiantly somebody on foot, with pocket full of, this is Not a Parking Charge Notice (Red & Black) and a digital camera.

Yes we know about "Not a Parking Charge Notice" yet on the back it tells you who to pay. ?

This is false information and you should get your local Trading Standards involved on this basis ...

MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

Part 1: Liability for misleading and aggressive
practices
The 2008 Regulations make misleading actions unlawful
(see regulation 5). An action by a trader is misleading if it
contains false information or if it is likely to mislead
the average consumer in its overall presentation.

Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)

Le_Kirk

JesterShoe wrote: »

It is defiantly somebody on foot, with pocket full of, this is Not a Parking Charge Notice (Red & Black) and a digital camera.

Should be definitely but I like the idea of someone going round being defiant!

The_Deep

JesterShoe wrote: »

I like your chain of thought but I have just checked the ARMA website and I don't think the management company involved is a member.

If that is the case, (although it seems unlikely), complain to the LAS.

https://www.lease-advice.org/

I read somewhere that these PCNs are classed as moveable service charges, and services charges must , by law, be fully accounted for. You might like to join this forum

https://forums.landlordzone.co.uk/forum/residential-letting-questions

Have you involved your MP, you should.

JesterShoe

You were right they are a member of ARMA, had to check their website for all accreditation.

NeilCr

Who is the freeholder of the development? They will employ the managing agent - have you raised the matter with them?

JesterShoe

I don't know who the freeholder of the development is/are. This is on my to find out list.

I do know that the site has a group of Leaseholder Directors which does have some power over the management company. I will try and find out a lot more on Monday.

Fruitcake

4.1 The photograph of the Defendant’s car on the date claimed only shows the rear of the vehicle and not the front windscreen, how can it be determined that there was a Permit displayed.

Don't ask a question, make a statement.
The defendant avers that there is no requirement in their lease for residents to display a permit. Even if there was such a requirement, the scammers have failed to show evidence that a permit was not on display and have deliberately omitted images to prove their case.

Other descriptive words are available.

KeithP

JesterShoe wrote: »

We are at the County Court stage already and we have submitted 2 x AoS.

Have you received two Claim Forms?
That's one Claim Form relating to the CN at 7pm, and another Claim Form relating to the CN issued the next morning?

If so, that is an abuse of process and must be mentioned in your Defence and at every opportunity until the court decides to merge these claims.

What are the Issue Dates on your Claim Forms?

Did they come from the County Court Business Centre in Northampton, or from somewhere else?

JesterShoe

Yes they are from County Court Business Centre in Northampton.

The first is dated 11/02/2019 and the second 20/02/2019.

Both have the identical Particulars of Claim.

I thought when you get to the Directions Questionnaire you can link both claims together.

JesterShoe

Fruitcake wrote: »

Don't ask a question, make a statement.
The defendant avers that there is no requirement in their lease for residents to display a permit. Even if there was such a requirement, the scammers have failed to show evidence that a permit was not on display and have deliberately omitted images to prove their case.

Other descriptive words are available.

Thanks for the better wording, Defence updated.