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

nosferatu1001

Did you file your WS as well? 
Did you receive their WS and evidence by the deadline? If not, tell the court. 
It is not unusual and of course they have bnow broken the courts order for which they should be sanctioned! You would receive that contract as part of their Bundle, as you know frmo reading the dozens of threads you have been reading...

growbag

No I did not receive anything from them by way of WS - I did file mine (defence and photo evidence) which - as directed, I sent both the court and VCS (for which they acknowledged receipt). Good point - I should let CCBC know. The original deadline for receipt of the WS was Aug 24th.

growbag

Was thinking that they cannot produce the contract in court if it has not been filed previously with the WS ? And as I had put them to proof on this point they cannot demonstrate legal authority to levy charges etc? 

nosferatu1001

Why would you let the CCBC know? Theyre an admin centre, and they stopped having anything tod o with this once it was allocated to your local court
You let your LOCAL COURT know!

WHich is why you do what you were told, and find out if the court has a copy. If the court does not it of course makes it seem deliberate. If they do, then theycould alwasy say youhould have asked where it was. So find this info out. 

A court should not allow an ambush. 

Coupon-mad

Let the court know when you send the lease.    Put it in the first line of your email and ask that this information is put before a Judge to consider striking the claim out and ordering your costs.  If you have not yet submitted costs, do so at the same time and cross your fingers.

growbag

Quick update. Good news. My case against VCS Ltd was heard today before Judge Jones-Evans at Caernarfon County Court (via Teams), and the claim was dismissed - we won! I will post a further update when I receive the detailed judgement - but this may be useful to anyone else involved in a residential parking dispute with VCS. In brief - they were unable to convince the judge that they had any legal authority (under the leasehold agreement or any other service contract with the MC) to raise these charges on residents. I just wanted to thank everyone on the Forum for your advice and help -- THANK YOU!!!!  

Redx

Well done , VCS lose yet again , a residential win too

A good court report is eagerly awaited 😁😁

Another one bites the dust !!

Umkomaas

In brief - they were unable to convince the judge that they had any legal authority (under the leasehold agreement or any other service contract with the MC) to raise these charges on residents.

Well done. 🥂 Judge Jones-Evans really doesn't seem to like VCS (bleeding heart!). But I think you can wreak more damage with that comment from the Judge:

In view of this quite clear statement, why not give the PPC a dose of their own medicine by making life uncomfortable for them?  

Write to the DVLA and complain that the Judge has grave doubts that the PPC has authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

ccrt@dvla.gov.uk (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

If you get a fob off from that approach, follow it up with a full blown Freedom of Information request. It will be more difficult for them to hide under FOI. 

https://www.whatdotheyknow.com/

You might also consider issuing the PPC a Letter of Claim prior to a possible county court claim for breach of the DPA. Read these:

http://parking-prankster.blogspot.com/2017...0-for-data.html

http://parking-prankster.blogspot.com/2016...orist-wins.html

https://www.parkingcowboys.co.uk/data-protection-act/

There has to be some process of backlash against PPCs to make them think twice before issuing tickets on a scattergun basis and their unchecked harvesting of personal data from the DVLA on an industrial scale. 

growbag

I'll await the written judgement and post back but I think that Judge Jones-Evans was specifically referring to residents like me (who are subject to leasehold terms and only contractually linked to the management company and not VCS) rather than to any other user of the parking area (workmen, visitors etc). DVLA may be one option, another could be to contact current residents. I know it is a constant source of anguish for most people that I bump into in the complex. 

Umkomaas

Can't the residents band together and press the MA to get shot of them?

How were VCS employed?  Did you have a residents vote where at least 75% voted in favour, and no less than 10% voted against their introduction. Legal requirement on the MA to conduct such a ballot.