VCS Court claim - defence for a resident

Fruitcake

Okay, show us that contract then please in case we can spot anything else.
In skaart's case the contract is between VCS and Excel, who own VCS. There is no mention of the landowner or a contract between them.

In Loum5's case the contract signatures fail the requirements of the Companies Act.

stevejones23

https://ibb.co/ftvq4fd


That should be a link to the contract let me know if it doesn't work. I have omitted the location of the car park but the client's name is still visible.

Fruitcake

stevejones23 wrote: »

https://ibb.co/ftvq4fd


That should be a link to the contract let me know if it doesn't work. I have omitted the location of the car park but the client's name is still visible.

Unfortunately the contract starts in December 2013, ends in December 2014, but has an auto rollover clause meaning the contract runs for another term until December 2015.

However, the signatures do not meet the requirements of the Companies Act 2006. See Loum5's thread for an explanation.

You need to identify the landowner at the time of the alleged event, ideally using a Land Registry entry.

If the landowner is not the same as the name on the contract, then the scammers did not have any right to issue charges or initiate court proceedings.
That would be a DVLA KADOE breach, probably an IPC CoP breach, and is a DPA/DGPR breach.

Your tenancy agreement has primacy of contract over anything the scammers say. They cannot take away those rights, or add any conditions to them. They are not offering anything you did not already have. There is no consideration.

Have a look at Jestershoe's thread where she won against VCS on that very point. Start around post 93 and then have a rummage around the whole thread afterwards for background and her defence.

https://forums.moneysavingexpert.com/discussion/5969018/miss-r-versus-vcs-ltd&highlight=jestershoe&page=5

stevejones23

Fruitcake - just read your points in that other thread


I was going to add this to my witness statement:

1. The contract between the Claimant and their client, dated 1st November 2013 does not comply with Section 44 Companies Act 2006:
   
   (2)A document is validly executed by a company if it is signed on behalf of the company—
   
   (a)by two authorised signatories, or
   
   (b)by a director of the company in the presence of a witness who attests the signature.

There is only one signatory for the Claimant. I am unable to comment of the client referred to in the document must also have 2 signatories.

I was going to point out the contract doesn't cover the period in question but there is a clause which states the contract will continue until the client terminates the contract. So I assume they can argue that this contract covered the period in question.


Thanks
SJ

stevejones23

Hello


I'm just doing my skeleton argument based on the Newbies thread here:
https://forums.moneysavingexpert.com/discussion/5591251/proceedings-issued-ntk-invalid-gladstones-millennium-refusing-to-respond&page=5


Is the time limit for the skele argument 7 days before the hearing? I can't find the time limit in the practice directions or on the Newbies thread. Part 27 of the practice directions on justice.gov.uk doesn't give any specifics and the Notice of Allocation only states evidence must be submitted 14 days beforehand.



I have summarised the arguments I intend to rely on in my witness statement so is a skele argument necessary? I'm working on the assumption that it is.



Also I'm having a mild panic because I can't specifically recall signing my witness statement. I definitely signed the cover letter but can't specifically recall signing the witness statement. Will this have an impact?


Thanks,


SJ

The_Deep

Have you read this?


https://www.parkingcowboys.co.uk/residential-parking/

stevejones23

HI The Deep


I have seen it on the parking prankster pages yes. I don't think it adds anything that I haven't already covered in my witness statement unless I am mistaken.


Thanks


SJ

Fruitcake

stevejones23 wrote: »

Fruitcake - just read your points in that other thread


I was going to add this to my witness statement:

1. The contract between the Claimant and their client, dated 1st November 2013 does not comply with Section 44 Companies Act 2006:
   
   (2)A document is validly executed by a company if it is signed on behalf of the company—
   
   (a)by two authorised signatories, or
   
   (b)by a director of the company in the presence of a witness who attests the signature.

There is only one signatory for the Claimant. I am unable to comment of the client referred to in the document must also have 2 signatories.

I was going to point out the contract doesn't cover the period in question but there is a clause which states the contract will continue until the client terminates the contract. So I assume they can argue that this contract covered the period in question.


Thanks
SJ

The contract has been signed by SRS as director, but has not been witnessed so breaches the requirements of the Companies Act 2006.
Similarly there is only one signature for the landowner/landowner agent. There should be another company signatory or in the case of a sole trader I believe at least that of a witness.
Have you found out who owns the land yet? If it is not Peter Kenny, then where is the contract authorising him to act for the landowner?

There must either be a contract between the scammers and landowner, or flowing from the landowner to the scammers via an agent.
Both the landowner's name and signature/company signatories must appear somewhere on that contract.
In addition, Kenny's signature looks like it actually begins with a J so I would put the scammers to proof that it was Peter himself who signed it.

I believe the contract does cover the relevant period as I said in a previous post. I do not however believe the contract is valid, and I suggest you put the scammers to proof that it is.

stevejones23

Thanks fruitcake


Is that done by way of a search on Land Registry? I don't know who owns the land and I've never done that before.



If I did find out would I have time to submit it as evidence? I am less than 2 weeks away from the hearing

Coupon-mad

The link you have been looking at is from 2017 so pretty old.

I wrote a skelly only last month for someone on this forum and there have certainly been other VCS Skeleton arguments recently on here.