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

Leviathan747

Thanks Guys !  First draft to Judge with regard to this:

"Dear District Judge

I object to the filing of the above attached 'evidence' by VCS.  It is a Witness Statment not signed using the actual statement of truth that is required.  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. 

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.  Where is evidence of the main lease permitting them to sub let?

Yours sincerely"

D_P_Dance

I would turn your final question into a statement.

nosferatu1001

Your second para has two different concepts.
Swap around
Lead with the fact any suppsoed contract was with Excel. Signs cannot give ambiguity on contracting parties. The signs say Excel, so any suppsoed contract is with Excel. Even if they claim they assigned rigths to VCS, they have not shown the court sight of any lease clause allowing them to do so, and this alleged "witness statement" is no such thing - it is not signed under a statement of truth, and is at best unsupported hearsay. I ask that the court gives this document no evidential weight at all. If Excel was truly authorised back in 2018, then VCS would be able to produce this document. That they havent done so strongly suggests this document does not exist, and that is one reason why a hearsay document, NOT signed as a true witness statement, has been supplied in its place. 

Reword, but hopefully you get the gist. 

Fruitcake

I agree with Sir DP of Dance. State that VCS have no standing nor provided any proof that they had at the material time.

What does Mr Barraclough say about VCS issuing claims on his land when a different company has the contract?

Coupon-mad

Leviathan747 said:

Thanks Guys !  First draft to Judge with regard to this:

"Dear District Judge

I object to the filing of the above attached 'evidence' by VCS.  It is a Witness Statment not signed using the actual statement of truth that is required.  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. 

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.  Where is evidence of the main lease permitting them to sub let?

Yours sincerely"

IMHO you can't object to something from VCS saying it's not properly signed as a WS under a statement of truth, by sending an email and not a proper WS signed under a statement of truth!  Do you see what I mean? You can't play email tennis with a Judge.

Leviathan747

Coupon-mad said:

IMHO you can't object to something from VCS saying it's not properly signed as a WS under a statement of truth, by sending an email and not a proper WS signed under a statement of truth!  Do you see what I mean? You can't play email tennis with a Judge.

Thanks CM.  Did wonder about this!  So I have to do a supplementary WS, challenging theirs.  OK. 

Leviathan747

Fruitcake said:

What does Mr Barraclough say about VCS issuing claims on his land when a different company has the contract?

Thanks Fruitcake.  I'll email him and ask 

Coupon-mad

Leviathan747 said:

Coupon-mad said:

IMHO you can't object to something from VCS saying it's not properly signed as a WS under a statement of truth, by sending an email and not a proper WS signed under a statement of truth!  Do you see what I mean? You can't play email tennis with a Judge.

Thanks CM.  Did wonder about this!  So I have to do a supplementary WS, challenging theirs.  OK. 

Yes, do it properly and file & serve it to the court and the other side.

RobinofLoxley

IMO that 'Leaseholder Witness Statement' from Excel is meaningless.

Basically Excel are saying 'ah yes we instructed them 18 months ago to operate the car park'. Was this a verbal instruction or is there an actual legal document setting out the agreement.?
As they haven't produced such a document in their evidence for this claim or in any of their previous claims regarding this car park, it must be presumed it doesn't exist.

If VCS are managing and enforcing parking on the site how come the signs are Excel signs and clearly state that the car park is managed and operated by Excel Parking Services?


Also it might be worth putting in your supplementary W.S. if you haven't already mentioned it in your original W.S. the fact that the P&D tickets issued by the machines are clearly in the name of Excel. If you don't have one, I can provide an image of a ticket for you.

Snakes_Belly

nosferatu1001 said:

 If Excel was truly authorised back in 2018, then VCS would be able to produce this document. That they haven't done so strongly suggests this document does not exist, and that is one reason why a hearsay document, NOT signed as a true witness statement, has been supplied in its place. 

Their possible rationale for this switching is because of the appeals system. Excel will want all their appeals to be through IAS. There have been similar issues in Albert Street Birmingham.

This document is something that they have cobbled up themselves and the landowner is probably totally unaware.

They are a shady outfit and have form when it comes down to fudging documents. See Ambler case.