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Vehicle Control Services PCN in a residential car park

178101213

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So, please post this invalid document in its entirety
    You never know how far you can go until you go too far.
  • MoneySavingPest
    MoneySavingPest Posts: 31 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 25 January 2021 at 2:04PM
    Thanks for all the comments. It seems I am being unduly cautious.

    For the benefit of other Newbies: since I was worried about it, I looked more closely at the Civil Procedure Rules. Rule 31.22 states:

    31.22

    (1) A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed, except where –

    (a) the document has been read to or by the court, or referred to, at a hearing which has been held in public;

    (b) the court gives permission; or

    (c) the party who disclosed the document and the person to whom the document belongs agree.

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.22

    Under 31.22, if the document is referred to in a public hearing, it can be used for other purposes.

    However, Rule 31.22 does not apply to the Small Claims Track, so it seems there is no obligation on the recipient in small claims cases to limit the use of documents disclosed to him or her. In any case, the document will shortly be made public in a Court hearing, and that point (even if Rule 31.22 did apply), making it public would be OK.

    So I think given the general principle of open justice and the CPR (and the fact I have not had any confidentiality obligations in connection with any of the documents flagged to me by anyone) I can disclose unredacted documents on this forum.

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Of course you can.
    CPR31.1 doesnt apply at all on SCT, so nothing you have is "disclosed" to yuo in the meaning of the term.
  • MoneySavingPest
    MoneySavingPest Posts: 31 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 1 February 2021 at 11:35AM
    Complete landowner authority attached.

    The most obvious defect is that VCS have not signed it (although I am not sure if a judge would knock it out solely on that basis).  
  • Coupon-mad
    Coupon-mad Posts: 156,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, that sums it up.  We are advising you about your case, after all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Snakes_Belly
    Snakes_Belly Posts: 3,717 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 25 January 2021 at 2:24PM
    Is the contract out of date or is it a roll over contract?  Looks like it expired in February 2019 before the contravention.

    Nolite te bast--des carborundorum.
  • Is the contract out of date or is it a roll over contract? 
    Rollover, per Clause 6.5.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Peerless Properties Ltd - actually the landowner? Yes or No
    3.1 - sheesh. Stupid company signing that. VCS can make the signs say whatever they like...
    Nothing authorises them to offer parking contracts in their own name, they are merely a non-exclusive occupier. 
  • Castle
    Castle Posts: 4,957 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 January 2021 at 4:07PM
    IMO-the contract is actually supposed to be between VCS and Rewley Park Management Ltd but they have missed off the "Ltd"'; so in fact they have failed to identify the other party even if it was signed.

    (Companies House shows Peerless Properties Ltd to be a dormant company!)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Were they dormant when this contract was allegedly signed?
    If so then they cannot have entered into any contracts of any form; the CARE OF that it was signed under is impossible to fulfil. 
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