Help, got until 24th November to submit Defence for VCS

Umkomaas

More than likely that any PPC WS running to dozens of pages is a template. So unlikely to be anything earth shattering for us to see. Read it carefully and if you think there is anything of a major nature, just post those bits and pieces up, but don't go trying to type up huge swathes of the drivel. 

Leviathan747

OK, so out of the 61 pgs, 16 were for WS. 30 were photos and copies of letters that they'd sent out.  What a waste of paper!  The service agreement between Excel and Lambert Smith Hampton, weirdly does not show the 2 hr free car parking that has had similar cases thrown out here: https://!!!!!!/3duj30h. Funny that!!  VCS has redacted it somehow? So am left with abuse of process, no advertising consent, no contract with driver.....and the fact that the contract between VCS & the landowner stipulates 2 hrs free parking (only have this Star article as evidence).

Umkomaas

no advertising consent

Forget that, absolutely no mileage. It's a criminal issue, that only the enforcement authority (local council) can prosecute. Nothing for you to deal with (or any Judge in a civil court).  Complete dead-end. 

DoaM

Is their not a (Latin) legal term about not profiting from a criminal act? It can't hurt to put that into a defence/WS.

D_P_Dance

So received the 61 page VCS package in the post today.

I wonder what judges think when they look at these tomes.  Surely it must prejudice them against claimants, that certainly would be my reaction. 

Umkomaas

DoaM said:

Is their not a (Latin) legal term about not profiting from a criminal act? It can't hurt to put that into a defence/WS.

Ex turpi causa non oritur actio. 

Leviathan747

Umkomaas said:

Ex turpi causa non oritur actio. 

"From a dishonorable cause an action does not arise" - that's going in the WS!   

Leviathan747

Hi guys.  Getting stuck into this WS in next few days.  Meanwhile, I've learnt that a judge has thrown out cases before because the WS was not signed by the claimant.  Ours has been signed by a paralegal, not the claimant.  And a friend has helped with this reply to the Planning Enforcement Office:

"Dear Mr Mahmood

Thank you for your reply but I am disappointed to say the least in your attitude to companies breaking the law when it is Sheffielders that suffer. 

Most signage in private car parks requires advertising consent due to its size.  However, while private car parking companies are rigorous about enforcing the tiniest breach of a parking contract, such diligence does not extend to their own adherence to the law. 

Other councils have a far better approach: 

February 2015.  Queens Hospital, Burton-on-Trent. (East Staffordshire Borough Council).

On 25th February 2014 the Council’s Enforcement Officer, John Thompson (Ref: CAS-30361-Q5M7V7),wrote to the Hospital: “.....a large number of parking signs present on the car park require express consent in order to be displayed lawfully. At present no such consent is in existence.” “I must advise you that it is a criminal offence to display an advertisement without the appropriate advertisement consent.” “You are therefore required to either apply for express consent under the Advertisement Regulations or remove the signs within 14 days of the date of this letter.” “In the event of this not being done within this time scale the matter may be referred to the Solicitor for the Council with a recommendation for Court action under Section 224 of the Town &Country Planning Act 1990.”

When advertisement consent was finally granted (23rdJuly 2015) it was accompanied by a rider: “Please be aware that the ANPR cameras on the site do not have planning permission and an application should be submitted for their retention. If an application is not submitted enforcement action may be taken.” It was not until November 2015 that all permissions were in place, so for over two years parking charges were being issued without authority. 

Here is what a ParkingEye employee said about their strategy for applying for advertising consent - 

“One thing to note that may be of interest to you motorists is that the majority of sites, there is no planning permission. We operated a model of retrospective planning. So get the go ahead from the client, bang the system in and then if there was any noise, file a retrospective planning order. Point was to save on costs. And it worked.” 

These scammers ARE causing harm.  An extraordinary amount of harm to innocent civilians.  Your policy is tantamount to aiding these companies in fleecing motorists, and when my present difficulties over this matter have been resolved, I will be submitting your reply to the local/national press for their perusal. 

Yours sincerely"

Planning Enforcement email here, 6th post down: https://!!!!!!/2vYF7PS 

Leviathan747

Another thing for the bundle: https://!!!!!!/2Uoz5kJ 

Fruitcake

Have you asked the planning department what the original parking time was that they approved? If you get something in writing from them that says 2 hours, then you have the evidence to show a judge that the scammers have unilaterally reduced it in breach of the original planning approval.
You can then include yet another point in your complaint to the council that not only do the scammers not have planning approval for scameras or advertising consent for signs, they have breached the original planning approval as well.

Do you have access to a camera? If you don't have a scanner you could upload images of text. Seeing the alleged contract would also help.
This must be with or flow from the landowner to show they have authority to issue scamvoices and court claims. It must either be direct with the landowner, or with a managing agent/company with a second contract between the landowner and agent.
The contract(s) must conform to the requirements of the Companies Act 2006 that stipulates it must have two signatures from each party who are authorised to sign, or a director and witness to the signature. The Act (law) states "authorised" means a director or company secretary.

Have a look at my post on the 27th of August at 10.23 (damn I miss post numbers) of this thread, and compare the signatures with the requirements of the Act as I explained them on that thread.
https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help/p5

Start with the link to the Act just above as the preceding comments are specific to Fistral Beach.
44 Execution of documents

I would include selected highlights from the council email where it says the scammers do not have planning permission or advertising consent in accordance with the T & C Planning Act. Miss out the irrelevant parts where the council say what they will or won't be doing about it.