VCS County Court Claim HELP

KeithP

tcsheffield said:

Hi, I cannot find any clause in my tenancy agreement regarding parking, the only clause related is 

(6.17) not to keep any vehicle that is not licensed for use on the highway, any commercial vehicle,  boat, caravan on the property. 

Would it be worth including my tenancy agreement in exhibits ? 

I'm trying to argue the VCS signs cannot override a tenancy agreement,  but as it doesn't state anything about parking.  

Would I be shooting myself in the foot ? 

Thanks. 

So what you are saying is that VCS, a stranger to your tenancy agreement, are trying to restrict your parking activities beyond those allowed in that agreement?

You have an agreement. What right do they have to add terms to that agreement?

tcsheffield

Ok, thank you for clarification. 

I will include it in my bundle.

D_P_Dance

Include thr AST and consider a counter claim for harassment/data breach/infriingement of your leasehold rights under section 35  of the Lanlord and Tenant act.

https://www.legislation.gov.uk/ukpga/1987/31/section/35

tcsheffield

Might just do that ! 

Many thanks  

Fruitcake

If the other claim you lost is also for the same residential site, then you could pay that judgment to ensure you don't get a CCJ, (hopefully) win the live claim on primacy of contract, then make your own claim against VCS for the first case to get your money back.

tcsheffield

Hi Fruitcake, yes that's what I was thinking/hoping,  it all rides on being successful at the hearing in November.  Thanks. 

Coupon-mad

tcsheffield said:

Hi , thank you for your reply. 

I've just been sorting through the file.

I was passed it from my mother as 1 document, on the understanding it was a combined claim. But now realise they should have been split, and yes there is 2 claim forms. 

It must just run like a conveyor, parking charge, then numerous demands, letter before claim, then claim form. 

There is a guy in my block who has received 1 ticket everyday for the last 2 months. I'm guessing each one will eventually reach Court Claim? 

There should be one single court claim to advance the whole case against the Defendant and in your case, that should have been the case as well.  Too late now but you could have defended both and used the Henderson v Henderson argument like everyone else who gets two or more claims. It's disingenuous and an abuse, to split claims up like this, but you've fallen down the crack in the pavement and missed defending one.  

Horrific, the way PPCs ruin people's lives, isn't it?

I really hope you and the guy in your block, and ALL your neighbours, have done the Government Consultation - by email attaching evidence of what has happened to you - and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...

You have 6 days to do the consultation.  Please, please, do.

Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.

Read the thread about those important matters, they both need doing, right now, this week.

tcsheffield

Hi, was unsuccessful at Court. Unsure of the reasonings, I wasn't questioning the signage, or breaching the terms & conditions !

Any thoughts before we pay up ?

Thanks. 

nicestrawb

Did you attend?

tcsheffield

No, chose to be dealt with on papers alone.