Contract Statement of Authority signed and dates

D_P_Dance

I have only read this thread and do not intend to read the other four.  

[Deleted User]

Thanks guys this has been great help. 
No, I'm not missing anything - unbelievably that's the only contract they sent regarding authority. 
When it comes to the NTK I've got a sneaky suspicion they fabricated it. 4 years had passed since the event... missing on the SAR.... then 2 months after I won the other case all of a sudden they're claiming against me for something which happened in 2016. 

Apologies for the two threads on this post - to be honest I'm not a regular on here, I have no idea about the etiquette of MSE, I can barely figure out how to post. 

nosferatu1001

Did the contract make ANY reference to a previous contract? That was asked but not answered. 
The etiquette is the same on any forum like this - one thread for one topic. 

[Deleted User]

nosferatu1001 said:

Did the contract make ANY reference to a previous contract? That was asked but not answered. 
The etiquette is the same on any forum like this - one thread for one topic. 

No, I've attached a picture of the contract to a previous post - it does not mention a previous contract. 
It does however say in part 7. The operator is authorised by the Landowner to pursue the outstanding parking changes.

This may sound unbelievable to some but I never use any forums, but again, my apologies, won't do it again.

nosferatu1001

I was just checking that was the complete contract

Thats irrelevant - they werent authorised *at the time* ie 2016. This contract is rom 2018, and has zero meaning. 

The forum rules are in the bit you didnt read when you signed up

D_P_Dance

You are in a very good position to cause them some serious embarassment, please use it for all our sakes.  

[Deleted User]

I'll try my best. 
One thing I think will be very interesting is the judges take on my point that VCS never sent  the NTK (as opposed to arguing I never received it). Clearly it's standard industry practice for the PPCs not to keep any proof of postage of all the notices they send, so when it comes down to it they're asking the court to 'take their word for it' that they sent it. I'm going after their character, and the numerous examples of VCS making admin errors to argue a Court should not simply take their word for it that they sent it. 

Now I know for sure I never received the NTK and highly doubt they sent it, the onus of proof should be on them to evidence they did. This could potentially open the floodgates to rubbishing all Notice to Keepers ever sent to anyone without a proof of postage (which is seemingly all of them). PPCs will have to go through the expense of getting postage proof for every NTK they ever send, otherwise they're ****ed? I scoured the forums and have not seen anyone address this yet.

D_P_Dance

In the unlikely event that this ever got in front of a judge, would you counter-claim?

Umkomaas

Once the Defence has been submitted, the counterclaim ship has surely sailed?  There would need to be a separate claim raised by the OP (and a separate hearing), but on what grounds?  Better that the OP creates a long itemised list of any and all the unreasonable actions the PPC has perpetrated in their pursuit and seek punitive costs as part of the Summary Costs Assessment, to be filed with the court and the Claimant at the WS stage. 

[Deleted User]

Exactly, unfortunately the case is in May and the claimants WS already issued so unlikely I could make a counterclaim in the same instance. As Umkomaas has suggested I plan to seek punitive costs.