elms legal on behalf of vcs FLORA ST parking

hooleman

First of all thanks to Coupon-Mad for her very helpful drop box which allowed me to fill in my AOS with confidence.

My story is about that ambiguous area outisde the yellow boxes in the reatil park off Flora St Sheffield.

After a couple of years of back and forth over the phone with BW legal and me stating I will not pay I got an LBC from Elms legal on the 19/12/2019, which I responded to after taking advice from these threads. I have now recieved a claim form (issue date 06/08/2020) and I have completed the AOS online.

I am posting because I am now going to form my defence using the the newbies defence thread, but if anybody has anything they think may be useful for me to add which is pertinent to this case I would gratefully recieve this. I have seen that a poster philuk25 has had success so I will use his thread as a guide though he hasn't been on here in a while.

Thanks in advance to any posters who take the time to help me out.

hooleman

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

hooleman

Thank you for your response, as part of my defence I will also send an email to my MP.

Redx

Using the template defence by coupon mad is best , only altering the paragraphs in red , so two paragraphs normally

By all means use somebody else's thread , but only adapt their two paragraphs as required , adapting yours accordingly , then post the adapted paragraphs below for critique

hooleman

Thank you Redx, I will adapt coupon mad's template and post here for a belt and braces approach.

Ralph-y

please do not post the whole thing .... just the sections you change

Ralph

beamerguy

hooleman said:

First of all thanks to Coupon-Mad for her very helpful drop box which allowed me to fill in my AOS with confidence.

My story is about that ambiguous area outisde the yellow boxes in the reatil park off Flora St Sheffield.

After a couple of years of back and forth over the phone with BW legal and me stating I will not pay I got an LBC from Elms legal on the 19/12/2019, which I responded to after taking advice from these threads. I have now recieved a claim form (issue date 06/08/2020) and I have completed the AOS online.

I am posting because I am now going to form my defence using the the newbies defence thread, but if anybody has anything they think may be useful for me to add which is pertinent to this case I would gratefully recieve this. I have seen that a poster philuk25 has had success so I will use his thread as a guide though he hasn't been on here in a while.

Thanks in advance to any posters who take the time to help me out.

hooleman

So you understand, a bit of history ....... VCS did use BWLegal but there was clearly a fallout, probably because BWL kept losing for them ?
They use Elms Legal with much the same result, oh well, whatever floats their boat ?

Same problem though, they will have added a fake £60 pretending it's either a contractual charge or debt collection costs ..... both being ABUSE OF PROCESS and unlawful

See what happens to the likes of VCS in court
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

hooleman

cool, thanks beamerguy, plenty of reading to be getting on with.....

KeithP

hooleman said:

I have now recieved a claim form (issue date 06/08/2020) and I have completed the AOS online.

I am going to assume that you filed an Acknowledgment of Service sometime after 11th August. Please confirm.

With a Claim Issue Date of 6th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 8th September 2020 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

hooleman

Hi keith P, thanks for your response, I filed my Acknowledgment of service today shortly before creating this thread.

hooleman

hello everybody,

I am back after having taken a quick trip to pembroke.... it rained....

I really thought I would have more to say when stating the facts for prargraph 17.

anyway here goes..

17. After receiving an LBC from Elms Legal on the 19/12/2019, A SAR request was sent to VCS Ltd. The photographs in the response show the vehicle to which I am the registered keeper. These photographs show the vehicle parked outside the yellow boxes in the blank area of flora street car park. This blank area of the car park in question displays no markings or signage whatsoever to indicate that this area is prohibited from parking. The background of these photographs also show the car park to be full, indicating further pressure to use this non-disclosed area. The court have found on numerous occasions due to the lack of clear markings that the contract has not been breached. Hence this claim is invalid.(the second paragraph about poor signage goes here but i havent changed that.)

Thanks again to anyone taking time to read this any advice greatly appreciated.

I am a little worried that i am relying quite alot on previous judgements, which I hear don't have much standing in civil cases like this...

cheers again