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

Coupon-mad

Whilst Excel wholly owns VCS, they are completely separate accounting companies legal entities

Leviathan747

Thanks CM, have edited and sent email with following addition:

"I have CCd Olivia Blake MP in on this email as I am sure her mail bag will be full of similarly angry Sheffield Hallam constituents, given the scandalous 'double recovery' attempts by this disreputable enterprise."

RobinofLoxley

Coupon-mad said:

Whilst Excel wholly owns VCS, they are completely separate accounting companies legal entities

I am far from an expert in company law but I'm not sure Excel can be said to wholly own VCS.

I believe Excel Parking Services Ltd as a corporate shareholder own 100% of the shares issued by Vehicle Control Services Ltd and are classed as the parent or holding company.

There is a FT article explaining why shareholders can't be owners of a company.
https://www.ft.com/content/7bd1b20a-879b-11e5-90de-f44762bf9896

Perhaps there is someone on the forum who has greater knowledge of the subject. 

Leviathan747

RobinofLoxley said:

I am far from an expert in company law but I'm not sure Excel can be said to wholly own VCS.

Thanks ROL.  Just as an FYI, it was Castle's thoughts on the matter that I went with, not CM 

"Castle said: It's the other way round:-Excel wholly owns VCS"

RobinofLoxley

Leviathan747 said:

RobinofLoxley said:

I am far from an expert in company law but I'm not sure Excel can be said to wholly own VCS.

Thanks ROL.  Just as an FYI, it was Castle's thoughts on the matter that I went with, not CM 

"Castle said: It's the other way round:-Excel wholly owns VCS"

So did CM in her post 4 up from this one.

What I am questioning is that while Excel own 100% of the shares in VCS, they don't own the company VCS Ltd. They are corporate shareholders and the parent or holding company. 

As I said I'm not an expert in company law, just saying that I don't know if Excel can be called owners of  VCS in law.

Fruitcake

I think it actually helps if Excel don't own VCS in that case. It puts an even greater degree of separation between them in my opinion.

Mind you, most people only listen to me when I'm wrong.

knightstyle

Fruitcake-'Mind you, most people only listen to me when I'm wrong.'   I thought that was just me!

Leviathan747

Update.  Email reply from landowner (with VCS litigation & local MP CCd)

"Hi XX,
This really is a matter for Excel to clarify directly with you as it regards their company set up.
As previously advised, I cannot comment or determine the validity of the notice.
Kind regards
Greg"

 

beamerguy

Sounds like this Greg is a bit of a fly boy and one must wonder what ££££ he might be on.

The fact is that Excel are one entity and VCS is another.   Simon Renshaw-smith, who owns both has already lost because of this schoolboy error.   As far as the infamous Jake Burgess is concerned, we can only go on his picture we have seen ?  Could be a fake, it rhymes with Jake ?

Whatever Jake gets up to, he does no favours to Simon?   .... that's fine with us because  the rubbish they produce results in a court spanking, VCS and EXCEL are used to that anyway

Leviathan747

Update, email from Jake Burgess (CCd to landowner & local MP)....just now, hot of the press!!:

"Dear XX

Thank you for your email dated the 12 June and we hereby write in response.

Having considered the contents of your email we can endorse the statement of Mr Barraclough's email dated the 11 June in so far as there is a contract in place with Excel Parking Services ("EPS") to manage the private land known as the Berkeley Centre in Sheffield. As such, EPS have contracted its sister company, Vehicle Control Services ("VCS"), to enforce parking restrictions displayed. You will note in our bundle of evidence sent to the Court that the chain of authority is demonstrated and therefore there is nothing illegitimate regarding this.

To support our position, we enclose several recent orders made by District Judge Bellamy & Josling, of whom, have allowed our claim to succeed, in particular, making the following statement "I am satisfied that the Claimant has established the contractual right/authority to bring this claim and to enforce parking restrictions". You will also note that the Claimant is VCS in those proceedings. We further attach a copy of the signage at the development which clearly states 'By entering this private car park you are entering into a contract with Vehicle Control Services Ltd'. Therefore, we can see no reason as to why a defence as described by you would succeed.

However, having identified that the claim is still awaiting a trial date and upon being mindful of our obligations to settle disputes under the Civil Procedure Rules we wish to put forward a 'without prejudice' settlement in satisfaction of our claim of £60.00 payable within 21 days. Should you wish to accept our offer then please communicate your acceptance by the above deadline. In the absence of such, we will have no alternative but to continue with our Claim.

We trust the above satisfies your concerns surrounding our parking enforcement and if we can be of any further assistance please do not hesitate to contact me.

Jake"

1. Tarrif Board: https://ibb.co/h93y9kR
2. Order on Papers April 28, Bellamy, W0P: https://ibb.co/KWKKNDc
3. OOP April 28, Bellamy, 5FA: https://ibb.co/vjPqMMy + https://ibb.co/rwP2p4w 

4. OOP April 28, Bellamy, 9NE:  https://ibb.co/vxy2KSX + https://ibb.co/2hff6q2 

5. OOP May 15, Josling, Y4R: https://ibb.co/6ZrtZdh
6. OOP May 22, Josling, R1Q: https://ibb.co/RPmHJCz