VCS/Elms legal Ltd CCJ * victory*

The_Loner

 Now got the POC and got a reference for help with fees.

Judgment amount: 277.00

 

Particulars of claim: THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, xxxxx, WAS IDENTIFIED IN THE ABBEY WALK RETAIL PARK CAR PARK ON THE 14/10/2023 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY PARKED FOR LONGER THAN THE MAXIMUM PERIOD PERMITTED. AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPERAND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THE DEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.

Coupon-mad

And you know who the Claimant is, and the date of the claim, and where it was posted?

The_Loner

VCS through Elms, the claim was made in March.

The_Loner

Default Judgment 17/4, first and only correspondence 20th May.

Coupon-mad

Same advice as this one then:

https://forums.moneysavingexpert.com/discussion/comment/80806115#Comment_80806115?utm_source=community-search&utm_medium=organic-search&utm_term=silver+bullet

The keeper can't use the '4 months dead' argument because she's just been served with the POC (I wouldn't have got that emailed). 

Anyway, I hope you carefully read the CCJ thread by @Khayman because there is something Elms Legal do that you must be ready for.

LDast

Perhaps somthing that you may want to include in the set aside WS:

Preliminary Matter. The claim should be struck out

The Claim should be struck out on the basis that it contravenes Schedule 4, Paragraph 4(5) of the Protection of Freedoms Act 2012 (PoFA). PoFA clearly stipulates that a creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking charges as they stood when the notice to the driver was issued. A Parking Charge Notice (PCN) issued by the claimant cannot be for more than £100. The claimant's current claim was for £192, which exceeds the amount of the unpaid parking charges as would have been stated in the original notice. The claimant’s attempt to claim an unlawful amount constitutes an abuse of process and should not be allowed to proceed. I respectfully request the court to dismiss the claim on the basis of the claimant’s contravention of Schedule 4, Paragraph 4(5) of PoFA and thereby CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 and to award costs to the defendant for having to set aside or defend against the improper claim.

1. CPR 1.1 - The Overriding Objective:
2. The claim was not dealt with justly or proportionately. The excessive amount claimed puts the defendant at a disadvantage, increases unnecessary costs, and is disproportionate to the original charge.
3. CPR 3.4 - Power to Strike Out:
4. CPR 3.4(2)(a): The claim for £192 has no reasonable grounds, as it exceeds the lawful amount stipulated by PoFA 4(5).
5. CPR 3.4(2)(b): The claim represents an abuse of the court’s process by attempting to claim an amount not legally recoverable, thus obstructing the just disposal of proceedings.
6. CPR 27.14 - Costs on the Small Claims Track:
7. CPR 27.14(2)(g): The claimant’s behavior in pursuing an excessive and unlawful amount is unreasonable, warranting the claim to be struck out and costs awarded to the defendant.

In the order, be sure to include the "AND UPONS" all the CPR breaches mentioned above.

The_Loner

I’ve updated the title to Victory, claim has been struck out, VCS failed to pay hearing fee.

We got original Judgment set aside, via consent order, we agreed with the consent order as my Daughter was exempt from paying any fees.

It was then transferred to our local court, hearing should have been next week, but struck out this morning and hearing vacated.

Thank you all for your input.

Coupon-mad

The_Loner said:

I’ve updated the title to Victory, claim yhas been struck out, VCS failed to pay hearing fee.

We got original Judgment set aside, via consent order, we agreed with the consent order as my Daughter was exempt from paying any fees.

It was then transferred to our local court, hearing should have been next week, but struck out this morning and hearing vacated.

Thank you all for your input.

Yay! You won!

ANOTHER VCS ONE BITES THE DUST!

Not a good day for Captain Clampit:

https://forums.moneysavingexpert.com/discussion/6590792/court-of-appeal-appeal-allowed-vs-vcs-well-done-jackson-yamba/p1