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

Leviathan747

OK, that email has been sent to VCS (with amended typo - thanks CM!).  This is the draft to Court in interim, whilst waiting for their reply:

"Dear District Judge Heppell

Re: Claim number XX – vacated hearing date XX.  

I have emailed the Claimant’s litigation team regarding the following.

I am not in agreement with the case being heard remotely by telephone conference, because I strongly believe that I must be afforded a fair opportunity to rebut the inaccuracies in the 'evidence' re the car park event and highlight the failure to demonstrate a prominent/legible contract, or liability, or legitimate interest.  I am the only local witness, in the true sense, and I believe that, if the claim is to be heard, a decision cannot be fairly made without a hearing with my physical presence. 

I would therefore prefer the case to be adjourned until a face to face court hearing can be arranged after lockdown has eased.  However, I understand that to formally ask for an adjournment would be at a disproportionate cost which is not an option for me, so I await the court's Order and Directions.

Yours sincerely

XX"

Leviathan747

Update:  So I phoned and left a message for Olivia Blake MP at her London office this morning, hoping to stimulate a response to the several emails I had sent with regards to writing to the landowner.  It seems to have worked and just received this...  Huzzah! 

"Dear XX,
Firstly. apologies that it has taken much longer than usual to respond to your email. Olivia has had thousands of constituents get in touch in the past 6 weeks as a result of COVID-19 and has asked our team to focus on urgent cases for constituents with immediate urgent needs for example; access to healthcare, food, housing.  Thank you for sending this template through - I can confirm that Olivia has now written to Mr Barraclough to ask that he drop the charges against XX and—referencing the judge verdict linked in the Star article—seeking assurances that consumer rights breeches will not continue to happen at the site.
Thanks again for contacting Olivia regarding this important issue, and apologies again for the late reply.
Kind regards,
XX
Researcher for Olivia Blake MP"

beamerguy

Without going back through this long thread, who is Mr Barraclough ?

Leviathan747

Mr Greg Barraclough, Lambert Smith Hampton, 2 St Paul's Place, Sheffield, S1 2JF - is the Landowner of Berkley centre car park   
GBarraclough@lsh.co.uk  

beamerguy

Leviathan747 said:

Mr Greg Barraclough, Lambert Smith Hampton, 2 St Paul's Place, Sheffield, S1 2JF - is the Landowner of Berkley centre car park   
GBarraclough@lsh.co.uk  

ok, thanks, 

Coupon-mad

That's positive.  It will be interesting to see if her intervention makes any difference.  Sometimes it works, sometimes not, but it's always harder when the charge has already gone to court action stage because the PPCs throw their toys out of the pram.

Leviathan747

Update, received supplemental witness statement from VCS today:

"3. It has been brought  to the Claimant's attention by the court that one of their claims relating to this car park had been dismissed on the basis that the court found no evidence of assignment novation or transfer of any claim or right from Excel Parking Services Ltd to the Claimant and the court therefore not being satisfied that the Claimant has locus standi to bring the claim.

4. The Claimant has now enclosed within exhibit AA1, a statement of authority which transfers the right from Excel Parking Services Ltd to the Claimant, in order to satisfy  that the Claimant has locus standi to bring the claim from October 2018"

Exhibit AA1 here: https://ibb.co/M1XcYkt 

beamerguy

It's all very well Excel saying they have instructed VCS of the same address but, does the main lease permit them to sub let ?

nosferatu1001

That isnt any bloody evidence at all.
Why have they provided a witness statement when they could have just provided the actual bloody document?
A WS not signed using the actual statement of truth thats requied
Send to the court a notice that you object to the filing of this "evidence" as it is nothing of the sort. It is, at best, hearsay. VCS are put to strict proof, by way of the actual signed novation from 01.10.2018, that this agreement is in place. 

KeithP

Re-read @bargepole 's post earlier in this thread, on 6 November 2019 at 7:36PM, where he states:

The following paragraph should be front and centre of the Defence:
1. The Claim is issued in the name of Vehicle Control Services Ltd. (Company No. 04298820), whereas the signage displayed at the material location was, and is, in the name of Excel Parking Services Ltd. (Company No. 02878122), a separate legal entity. Any contract, in a private car park, is a deemed contract which can only be formed by signage, and it is therefore submitted that if there was any contract, it would have been between Excel and the Defendant. The present Claimant was not a party to such a contract, and therefore cannot sue on it, and has no standing to litigate in this matter.

If the driver entered into any contract, it was with Excel - the name on the signs.

The fact that Excel are now claiming that they have assigned the car park management to VCS is irrelevant.