Claim Form received - VCS - WON - For the second time!

lyndonp59

We have now received Notice of Allocation to the Small Claims Track which states it is to be heard on papers. There is an N159 form we can send back to say that we do not agree the case can be heard on papers alone which seems different to what I have read on here before where people are writing letters to the court to appeal against a papers alone hearing so that is good and we'll be sending that back and copy to the claimant as instructed on this form.

I have a query though.The letter states that all documents (I assume witness statement) must be delivered to the court and claimant by 4pm 2nd November. Does this only apply if the case is to be heard on papers alone and will a new date for this be given for when a proper court date is set?

I need to start preparing the witness statement anyway but I don't want to send it to VCS too far in advance for them to have time to pick it to pieces if that makes sense.

Redx

it applies until or unless a new court order supercedes it

Le_Kirk

lyndonp59 said:

We have now received Notice of Allocation to the Small Claims Track which states it is to be heard on papers. There is an N159 form we can send back to say that we do not agree the case can be heard on papers alone which seems different to what I have read on here before where people are writing letters to the court to appeal against a papers alone hearing so that is good and we'll be sending that back and copy to the claimant as instructed on this form.

You may have already found it but here is a link for ammunition as to why it should not be heard on papers: -
https://forums.moneysavingexpert.com/discussion/comment/77063515/#Comment_77063515

nosferatu1001

You of course object to papers. 
The date you have been given is the date you work to. Until told otherwise, you work to that date and no other. Make no assumptions. 

lyndonp59

I'm starting to draft the witness statement and on looking at a photo of the signage relevant to the claim from 2015, whilst it has Vehicle Control Services Ltd big and bold at the bottom I have just noticed higher up in smaller print it has two references to Excel:-

"This sites is monitored by (ANPR) Automatic nunmber plate recognition cameras for the purpose of customer services by Excel Parking Services Ltd"

"If there is a breach of these terms and conditions Excel Parking Services Ltd may request the registered keepers details from the DVLA to trace the driver responsible for the breach"

Is there any mileage in using this against them as the claim is issued by VCS and not Excel and if so what would I say please?

Photo attached.

Redx

Yes , you query it on the basis it's unclear which entity you are dealing with , because it's one or the other

They often mix up the 2 separate entities , so milk it

Only one is responsible for enforcing the parking contract

KeithP

Yes of course you must use that.

If any contract to park was agreed by the driver, it was with Excel - the company named on the signs.

So why on earth are VCS - a stranger to the contract - suing you for breach of a contact?

This has been dealt with several times on here and someone will be along shortly to point you towards Witness Statements that have successfully challenged this.

Le_Kirk

There have been a few cases where VCS and Excel think they are interchangeable; just search the forum and I am sure you will find some and read what others have done successfully.

Fruitcake

VCS and Excel are separate companies according to Companies House, and have different company numbers.
You must definitely bring this up. Excel are strangers to this claim. You should also be complaining to the ICO that one company (VCS) has given your personal data to another company (Excel).

Have you received the scammers WS and exhibits yet? If/when you have, please show it here and redact only your personal data.

KeithP

Here's some words you might use...

The Claim is made in the name of Vehicle Control Services Ltd. (Company No. 04298820), whereas the signage displayed at the location in question was, and is, in the name of Excel Parking Services Ltd. (Company No. 02878122), a separate legal entity. Any contract, in a private car park, can only be formed by signage, and it is therefore submitted that if there was any contract, it would have been between Excel and the driver. VCS were not a party to such a contract, and therefore cannot sue on it.

That and similar can be found using Berkeley & stranger in the forum's search facility.

Yes, you must include the ampersand '&' in the search argument otherwise all post that have either Berkeley or stranger in them are returned.