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

Coupon-mad

Yes proof of posting from the PO counter (a free receipt) should be stapled to your copy in your bundle.

So you will need to change this to incude the fact the contract isn't even with the named Claimant, and cite their two Companies House numbers to show they are different legal entities:

4. The Claimant asserts that the driver parked without payment of a parking tariff of £1 for parking for 80mins.  However, landowner authority states that parking is free for 2 hours, as stipulated in the contract with VCS. This was revealed in the Andrew Norton vs VCS case in Jan 2020.

There are already witness statements written on other Berkley Precinct threads recently, I expect, that cover all this.

The phrase: 'the Andrew Norton v VCS case' means nothing at all, and surely a Mr Norton didn't sue VCS so there was no such case?

Change this:

5. The Claimant asserts - and the Defendant denies - that the driver entered into a contract with it and that the driver breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges.

And you are not just putting in just 4 pieces of evidence, I hope?  What about:

- the POFA sch4;

- proof that more than one person was insure to drive that car, so there's no likelihood it was the D;

- the Southampton Approved Judgment from DJ Grand from November;

- the CRA 2015 schedule 2 with paras 6, 10, 14 and 18 highlighted as breached

Leviathan747

Coupon-mad said:

So you will need to change this to incude the fact the contract isn't even with the named Claimant, and cite their two Companies House numbers to show they are different legal entities:

Thanks CM.  Have amended as follows:

4. The Claimant asserts - and the Defendant denies - that the driver entered into a contract with it and that the driver breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges. However, the alleged contract is not even with the named Claimant.  Vehicle Control Services Company number is 02498820.  Excel Parking Services Limited Company number is 02878122.  They are separate legal entities.

5. Further, landowner authority states that parking is free for 2 hours, as stipulated in the contract with VCS. This was revealed in the VCS vs Andrew Norton case in Jan 2020. EXHIBIT A.

DoaM

a contract with it .. what is it? Use them or The Claimant or the company's name. Also there is nothing that explains why you've mentioned Excel in item 4.

(Sorry if I'm coming in late but as it currently reads it doesn't make sense).

Leviathan747

DoaM said:

a contract with it .. what is it? Use them or The Claimant or the company's name. Also there is nothing that explains why you've mentioned Excel in item 4.

Thanks D.  Is this better?  

4. The Claimant asserts - and the Defendant denies - that the driver entered into a contract with VCS and that the driver breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges. However, the service agreement is not even with the named Claimant.  Vehicle Control Services Company number is 02498820.  Excel Parking Services Limited Company number is 02878122.  They are separate legal entities.  The Claimant is VCS.  The service agreement for the Berkley Centre is with Excel Parking Services Ltd.

Leviathan747

Coupon-mad said:
And you are not just putting in just 4 pieces of evidence, I hope?  What about:

- the POFA sch4;

- proof that more than one person was insure to drive that car, so there's no likelihood it was the D;

- the Southampton Approved Judgment from DJ Grand from November;

- the CRA 2015 schedule 2 with paras 6, 10, 14 and 18 highlighted as breached

Partner is only driver, so will have to scratch that.  Will include POFA, CRA (Thank you!) & CPR, IPC. That makes exhibits up to 8!  And where do I find DJ Grand?

beamerguy

Leviathan747 said:

DoaM said:

a contract with it .. what is it? Use them or The Claimant or the company's name. Also there is nothing that explains why you've mentioned Excel in item 4.

Thanks D.  Is this better?  

4. The Claimant asserts - and the Defendant denies - that the driver entered into a contract with VCS and that the driver breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges. However, the service agreement is not even with the named Claimant.  Vehicle Control Services Company number is 02498820.  Excel Parking Services Limited Company number is 02878122.  They are separate legal entities.  The Claimant is VCS.  The service agreement for the Berkley Centre is with Excel Parking Services Ltd.

But this happened to VCS/EXCEL before and probably identical to a Britannia / BWLegal case that I attended before christmas.  The Judge once told this, turned to the claimants rep and simply said "this is not going well for you is it " ....... case dismissed with £100 costs
https://forums.moneysavingexpert.com/discussion/6008854/britania-parking-pcn-bournemouth/p1

One week before the hearing, an email was sent to the claimant referring to the two entities and requesting their legal authority to add £60.   It was then suggested that a "drop hands" offer" should apply and that neither party will persue (discontinue) and bear their own costs"
In this case it was BWLegal and they ignored this and the judge dismissed the case with costs.

Of course with the new Civil Procedure rules, VCS would fail as claiming a fake £60 that they know is unlawful could mean that VCS fall foul of contempt of court.

VCS would be best to discontinue, they have nothing going for them

Le_Kirk

Leviathan747 said:

Coupon-mad said:
And you are not just putting in just 4 pieces of evidence, I hope?  What about:

- the POFA sch4;

- proof that more than one person was insure to drive that car, so there's no likelihood it was the D;

- the Southampton Approved Judgment from DJ Grand from November;

- the CRA 2015 schedule 2 with paras 6, 10, 14 and 18 highlighted as breached

Partner is only driver, so will have to scratch that.  Will include POFA, CRA (Thank you!) & CPR, IPC. That makes exhibits up to 8!  And where do I find DJ Grand?

It is on the bottom of the first post of the New Template Defence that Coupon-mad posted.  You could search for it.  Or just follow this LINK.

Leviathan747

beamerguy said:

VCS would be best to discontinue, they have nothing going for them

Agreed BG.  But they seem to be a mammoth, automatic criminal enterprise of chancers instead.

Fruitcake

Leviathan747 said:

DoaM said:

a contract with it .. what is it? Use them or The Claimant or the company's name. Also there is nothing that explains why you've mentioned Excel in item 4.

Thanks D.  Is this better?  

4. The Claimant asserts - and the Defendant denies - that the driver entered into a contract with VCS and that the driver breached that contract and must pay a contractual charge, with further undefined and unexplained additional charges. However, the service agreement is not even with the named Claimant.  Vehicle Control Services Company number is 02498820.  Excel Parking Services Limited Company number is 02878122.  They are separate legal entities.  The Claimant is VCS.  The service agreement for the Berkley Centre is with Excel Parking Services Ltd.

I would mention that VCS supplied the Excel contract as part of their evidence. Point out that they have not provided a contract showing VCS had standing to issue charges to disprove this assertion.

KeithP

Bargepole has written about this before.
Here: 
https://forums.moneysavingexpert.com/discussion/comment/76009134/#Comment_76009134