VCS Letter Before Claim Clarification Request

nosferatu1001

From what Ive read, NOWHERE in there are VCS offered any rights to offer contracts in their own name
They lack authority to offer a contract. if they cannot offer a contract, then they cannot pursue said contract breach in court. 
This must be on your list, subject to others confirming.

Coupon-mad

That is an old pre-POFA (dated 2007) clamping contract, where VCS are 'employed' as contractors.   Does Google StreetView show that VCS have been there ALL that time with no break?

Also, the contraventions listed in 3.3. don't include this, and parking apps didn't exist in 2007...did they?  So this is not a breach:

Received a parking charge from VCS in February due to a parking app auto-filling the wrong details.

LordHorrendous

Wow. That's amazing! I assume I lead with this point?  "The contract does not give VCS rights to offer contacts in their own name.  Additionally, the contraventions list makes no mention of parking apps"?

nosferatu1001

What precisely was the alleged contravention listed on your ntk?
guve us the exact wording. 

Castle

And there's better news:-
According to my research, Emco Estates Holdings Ltd was dissolved 8 years ago in February 2012:-
https://opencorporates.com/companies/gb/02413299

Johnersh

Unless I'm missing something the contract commenced in 2007 and was valid for 12 months.  (see recitals and para 6.1).

In theory it can be renewed annually on payment of £1500 but there's no evidence it was. 

If so, where's the authority then to sue on behalf of the landowner? 

nosferatu1001

Hah!
OP - dissolved means the contact is gone. 

The entity does not exist meaning the contact disappeared on the same date. vcs needs a new contract with the landholder now. 

You MUST include evidence of this dissolution - companies house
this isn't an ambush 
this is a response to their witness statement and is public info. 

Johnersh

Just seen @Castle has posted too.  Not looking great for the claimant.  The individual that's signed a statement of truth and checked the documents shouldn't feel comfortable....

nosferatu1001

Johnersh comment above is critical
a statement of truth is a serious thing. Or should be 
you could lay out all these obvious issues and ask for the person who signed this to be asked to explain why they signed such a statement, knowing they were misleading the court. 

LordHorrendous

nosferatu1001 said:

What precisely was the alleged contravention listed on your ntk?
guve us the exact wording. 

"Contravention 94) parking without displaying a valid ticket/permit"