JLA "Stopping" Charge

Router66

I have been following the @DisruptiveLad thread and he has suggested sending VCS a request for  "a fully compliant Companies Act 2006 copy of the contract they hold with the company they work for."
Any advice on taking this route in order to avoid going to court would be much appreciated. 

Coupon-mad

Try it but it's not a deal breaker and they don't have to show it until court evidence stage.

DisruptiveLad

Elms Legal sent me the contract without me asking for it. The contract clearly breaches Section 44 of the Companies Act 2006. They're not the brightest kids on the block. Anyway, LJLA instructed VCS to quash the Notice last Friday. I received VCS' letter on Saturday. They know they're rumbled.

Router66

Coupon-mad said:

Try it but it's not a deal breaker and they don't have to show it until court evidence stage.

After sighting a contract sent to Disruptive Lad I plan to raise a complaint against Liverpool Airports Ltd. All correspondence previously sent to VCS has been ignored but I am hoping that LA will respond in respect of the obscured signage, the failure of VCS to raise a valid Parking Charge Notice and pursue the Defendant solely on sending out demand notices.

Assuming the sighted contract is still in force, it only carries the signatures of one director from each party...There are no witnesses. This would suggest that VCS has no authority to issue parking charges, collect payment, initiate debt recovery or court action.

The contract shows that VCS are responsible for signage, raising PCN’s and adhering to their AOS Code of Practice. VCS are in breach of a number of their obligations, as set out in the contract.

Just wondering if anyone has gone this route before and how did they fare?   

Coupon-mad

Sorry we've been busy discussing the news:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

DisruptiveLad

The red lines at LJLA are not meeting statutory regs. VCS are responsible for their upkeep, but haven't done that. So, they're 'fining' people for stopping on land that isn't private on lines they haven't maintained under a contract which says they should have. Spot the irony. Email customerservices@liverpoolairport.com and ask to be put in touch with someone about this. Say there are issues and possibly criminal activity. Tell them your MP is ready to intervene if they fail to engage. Report VCS to actionfraud.police immediately. If you got an LBC from a Cilex registered bod at VCS report him to Cilex for breach of their code of conduct.

Router66

Family member filed DQ by Email on 9th Feb to CCBCaq@justice.gov.uk and VCS.
VCS confirmed receipt and it is not certain if CCBC did, but there was no "non-delivery" message received.
FM received a letter from CCBC today, dated 14th March saying DQ not received and if not filed within 7 days of service then the defence will be struck out. FM is abroad at the moment but at altitude and with patchy signal.  He has forwarded the Email, with DQ attachment, to me and I Emailed it with an explanation of circumstances to CCBC.
Have I done enough to enable CCBC to locate the DQ in their system and avoid a default judgement?
Any advice much appreciated.

KeithP

Router66 said:

He has forwarded the Email, with DQ attachment, to me and I Emailed it with an explanation of circumstances to CCBC.
Have I done enough to enable CCBC to locate the DQ in their system and avoid a default judgement?
Any advice much appreciated.

You have only 'done enough' if you received a automated email receipt.

You will have read several times here that anything filed with the CCBC should be sent during the working day to be sure of getting that email receipt.

If you do not have that receipt, and I imagine the family member didn't either when they sent it, then resend it during the working day on Monday.

Did the Defendant send a copy of their completed DQ to the Claimant?

Router66

Did the Defendant send a copy of their completed DQ to the Claimant?
Yes, and they confirmed receipt 

Fruitcake

When checking if a contract complies with the Companies Act 2006, always look at sections 43 and 44.
The former refers to contracts, the latter refers to validly executed documents.