HELP! Have I missed defence submission date (COVID-19!) -

Coupon-mad

And there is also the test of fairness under the Consumer Rights Act 2015, in that the terms interfere with your rights that you would enjoy if it were not for that term.  Both terms and consumer notices, must be fair.

Le_Kirk

Le_Kirk said:

There are quite a few "own space" cases on the forum; there are even a couple of defence examples for the same in the NEWBIE sticky second post.

..... and here is one such, reported as a win today: -
https://forums.moneysavingexpert.com/discussion/5021779/set-aside-ccj-sent-to-old-address-for-own-space-parking/p1

growbag

thanks folks for the steers - i will look them up. case scheduled for nov 18th (though we have just gone back into full lockdown so we'll see how that pans out). sent a further request to the management company for sight of any contract with VCS re parking area (no reply or acknowledgement from any of my previous requests). Not sure why they are ignoring me - maybe there is no contract with VCS or it expired. WIll be interesting to see if VCS produce one at the trial. Will keep you all posted as even if I lose my mistakes might benefit others! Got to beat these scammers :-)

Redx

They should produce it before any hearing , at the witness statement plus exhibits stage

growbag

That's what I thought too. But they didn't - at least, nothing was sent to me. That - along with the lack of response from the MC - makes me wonder whether any contract exists.

Le_Kirk

With a hearing date of November 18th, won't witness statements and evidence have to be produced by November 4th?  Unless, of course, you/claimant have been set a different date by the notice of allocation.  

Umkomaas

growbag said:

Thanks I will take a look at the Lamilad thread. Caernarfon County Court. 

Well that's a good point in your favour. It was CCC that threw out VCS claims in toto on the basis they were an Abuse of Process.  However, they seem to now be following the Semark-Jullien appeal case (which found that the whole claim should not be struck on the basis of the £60 charge, but stopped way short of saying that the £60 was legitimate and claimable) and insisting that VCS discontinue the £60 add on claim. 

CCC evidently continues to argue that the add on charge is not legitimate. 

nosferatu1001

When is your deadline for filign yuor WS and evidence? Its on your hearing letter. 

growbag

the WS date has already passed - and I filed photographic evidence of the inconsistent signage (parking regulations posted by MC in the building vs VCS signage - my car was parked consistent with the MC signage). Subsequently the court requested removal of the £60 charge as an abuse of process which VCS did by part discontinuance. The CC also requested that I submit a copy of the leasehold agreement by October 28th (which I will do of course. As a result the original date was pushed back to Nov 18th. 

growbag

Should add - and maybe this is not unusual., I was requested to submit my defence and WS documents to both the CC and claimants (VCS) which I did -- but I did not receive anything from VCS in return. I still have not received a copy of any contract between the MC and VCS regarding management of the parking area and as I said, I can see nothing in the leasehold agreements that allows the MC (or any other party contracted by them) to raise charges against residents in respect of the parking area (worth noting that this is a gated, residents-only, reserved parking area).