VCS - Residential 'Parking Fine'

Method_EU

Before we start - the Defendant in this case has already submitted a Defence along with a Counterclaim. Both Defence and Counterclaim were served within same original Defence to the Claim by VCS, on the 3rd of December 2019, within the required time-frames, with the help of information contained on these forums.

• A claim was issued against The Defendant on 31/10/2019
• The Defendants acknowledgment of service was submitted on 07/11/2019 at 18:38:21
• The Defendants acknowledgment of service was received on 08/11/2019 at 08:05:56
• The Defendants defence was received on 03/12/2019
• The Defendants claim was transferred to LEEDS on 10/12/2019

No Defence or Direct Questionnaire was served to the Defendant by VCS. On the 26th December, the Defendant requested Default Judgment for the Counterclaim. On the 13th January 2020, the request for Default Judgment for the Counterclaim was rejected. Upon calling the Courts, they informed VCS filed a Defence on the 30th December 2019.

I'm at a bit of a loss as to what is going on here. Am I right in saying VCS filed their Defence way past the time allowed to file a Defence to a Counterclaim. Is this something I should bring to the Judges attention during the hearing (date yet to be confirmed) as unreasonable behaviour?

To add to this, the Landowner requested the charge to be cancelled, and finally after a month of trying, VCS cancelled the charge after the Landowner agreed to pay the Court Fee. Yet they are still pursuing... :think:

The_Deep

Best of luck with the counter claim, I do not fancy their chances, have you seen this?


https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Method_EU

The_Deep wrote: »

Best of luck with the counter claim, I do not fancy their chances, have you seen this?


https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Thanks - in our Tenancy Agreement there are absolutely no terms set out in regards to displaying parking permits. Along with the carpark being in darkness, shown on their own photos they took at the time which I plan to use against them...

Have seen that link before yes, although our case does slightly differ to the one in the article. Hopefully the Judge on the day also can see how much of a joke VCS are.

Method_EU

Bumping for advice.

Le_Kirk

What it doesn't say in tenancy agreements is often as important as what it does say. If you do not have a contract AST or similar, that states you MUST display a permit i.e. it is silent on the matter), then you do not have to display one.

Method_EU

Le_Kirk wrote: »

What it doesn't say in tenancy agreements is often as important as what it does say. If you do not have a contract AST or similar, that states you MUST display a permit i.e. it is silent on the matter), then you do not have to display one.

I already refuse to display one, I understand the contract we have with our estate agent trumps anything else.

I'm more confused on the timing in which they filed their Defence which, I believe, was late. I guess it depends who the Judge is on the day to see if this is unreasonable. We also never received any paperwork from VCS. I had to contact the courts to get a copy of their Defence to my Counterclaim. No DQ was received from VCS either.

Le_Kirk

I'm more confused on the timing in which they filed their Defence

I'm confused now. Which defence are you talking about?

Method_EU

Le_Kirk wrote: »

I'm confused now. Which defence are you talking about?

Their Defence of my Counterclaim. Are they required to serve it to the (Counter)Claimant?

The_Deep

I understand the contract we have with our estate agent trumps anything else.


What contract is that?

Method_EU

The_Deep wrote: »

I understand the contract we have with our estate agent trumps anything else.


What contract is that?

My Tenancy Agreement.

The_Deep

That surely is with your landlord? It may have been signed by a letting agent on his/her behalf.

In matters such as this accuracy is a sine qua non.