VCS Letter Before Claim - EDIT - I WON!!

DoaM

JACK24 said:

Fruitcake said:
"Why did you redact Yasmeen's name and signature?"

Yes - I redacted names(from both sides) as I don't feel comfortable posting people's names/sigantures on line. How/Why are they important?


"Where are the exhibits referred to by Yasmeen? Do they include the alleged contract with the landowner? Does it include images of the signs that they are relying upon?"

I didn't include these - but there are many photo's of signage in the car park included

"I hope your WS has the current statement of truth that has been required since April of this year."
I believe it does.

The details in their witness statement (including all evidence - unredacted) is important because we can spot things where they are bending the truth, misleading, or downright lying. You need to point these out to the judge. If you don't let us help you, how are you going to know what to point out?

Do you know it all already? (Thought not, else you wouldn't be here asking for help).

JACK24

Fruitcake said:

JACK24 said:

Here's their WS statement.

Did you redact Yasmeen's name and signature? If so, please post the WS again showing everything as previously requested. 

Apologies Fruitcake  - since researching I can see that there have been previous issues with her signature etc
Here's a copy of her WS signature included. Is it all ok ?
I've also included the exhibits in a seperate, attached file - there are many photos of signage and the car park as well as many of my car without a permit/ticket being displayed  - I've included a sample otherwise the file would be quite large

Castle

VCS contract is for a fixed term of 12 months starting on 1st November 2010; so it has lapsed.

Fruitcake

Please show us the rest of the contract. (Boundary plans and site instructions).

I believe Yasmeen's signature is an electronic reproduction. It is identical to other witness statements she has allegedly signed including those for Excel Parking Limited, a completely different entity according to Companies House.

Para 3.4 of the contract refers to imobilising and/or towing which is now illegal.

Para 3.7 refers to them being a member of the BPA, which they left many years ago.

Para 6.8 says that the contract can only be varied if it is signed by a duly authorised director.
A new contract must (should) have been agreed with the client in 2012 to remove the illegal clamping/towing clause, and must (should) have been produced when the scammers left the BPA and joined the IPC.
You want to see that variation of the contract.

Any mention of the IPC CoP is irrelevant. Only the BPA CoP is valid as per the contract requirements.

The contract has not been signed in accordance with Schedule 44 of the Companies Act 2006 which requires two authorised signatures from each party. Authorised means two directors, or a director or company secretary, or a director and witness.
The signatures have not been dated, so there is no proof the contract was active at the time of the alleged event, or ever active for that matter.

Fruitcake

Castle said:

VCS contract is for a fixed term of 12 months starting on 1st November 2010; so it has lapsed.

Para 6.5 states that it will roll over on each anniversary until cancelled.

However, there is no proof that the contract has not been cancelled.

Fruitcake

According to Companies House, nobody by the name of R. Ofield (or similar name) was a director or secretary or an officer of the or someone with significant interest in the company, VCS, in November 2010, therefore could not have signed the contract in the capacity of an authorised signatory in accordance with Section 44 of the Companies Act 2006.

Coupon-mad

since researching I can see that there have been previous issues with her signature etc
Here's a copy of her WS signature included. Is it all ok ?

Well as you say, VCS are confused about whether this is a set aside hearing and that's good, because whoever they send to the hearing might not know!  She's talking about an application to set aside you made in June though - so remind us when the first hearing was?

Their paralegal keeps using a six months old statement of truth and should know better.

Castle

Fruitcake said:

Castle said:

VCS contract is for a fixed term of 12 months starting on 1st November 2010; so it has lapsed.

Para 6.5 states that it will roll over on each anniversary until cancelled.

However, there is no proof that the contract has not been cancelled.

Given that it only refers to the BPA and includes reference to clamping; there's a good chance it has been superseded.

Umkomaas

Coupon-mad said:

Which legal professional do you think that is then, Jake Burgess of VCS?!  Hahaha!

Oh my, how a few letters after a name set shivers running down the spine!  

JACK24

Fruitcake said:

Please show us the rest of the contract. (Boundary plans and site instructions).

THANKS 
Boundary photo attached along with a sample of the other type of pictures. Nothing else with regards to contract, boundary or site.

Fruitcake said:

I believe Yasmeen's signature is an electronic reproduction. It is identical to other witness statements she has allegedly signed including those for Excel Parking Limited, a completely different entity according to Companies House.

How does this affect proceedings? Can I use this in court or isn't it conclusive/petty?