VCS Spycar PCN PAPLOC Now Claimform - 'no stopping' - London Southend Airport***Claim Dismissed****** Now VCS asking for Leave To Appeal^^^

[dx100uk]

you don't need exhibits list but each exhibit must have a cover sheet.

 

dx

[WoodDD]

Add an extra page for my cost of this case:

 

EXHIBIT 12 - Defendant’s Schedule of costs

Ordinary Cost

Loss of earnings/leave, incurred through attendance at Count on date to be scheduled - £180

Parking near the court - £8.00

Sub Total - £188.00

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (20 hours at Litigant in Person rate of £19 per hour) - £318

Stationery, printing, photocopying and postage - £24

Sub Total - £342

£ Total Costs Claimed - £530.00

Signed

 

Date:

Edited August 30, 2020 by WoodDD

[lookinforinfo]

A very comprehensive and well researched WS-well done.

 

A couple of small points.

 

Parking Eye have started using DCBL as their debt collector on some sites.

Whether it is at the instruction of PE or DCBL are doing it off their own bat, an extra £60 is being added to PCNs.

 

VCS have history of issuing PCNs for ridiculous reasons at airports in particular where they have no stopping rules. 

We have one on the Forum where a motorist was ticketed for stopping at a zebra crossing.

Another one for being stopped in a queue of traffic.

 

Can you not stop if

a predestrian walks out in front of you; 

a cyclist falls off their bike;

stopping to ask for directions;

mechanical breakdown,

punctured tyre;

there's is an obstruction on the road or

the road is flooded

-the list is endless. 

 

When you receive the WS from VCS look at it carefully as they are not above doctoring evidence.

 

[brassnecked]

The one at the Zebra Crossing was as a passenger got out whilst pedestrians crossed, the car was parked.  Simple Simon will use any excuse, he would likely invoice a Q plate mobility scooter for driving on the pavement probably if the plate was attached to it.

[WoodDD]

Thank you very much. Will polish my WS for the points mentioned above.

[WoodDD]

Have not received WS from VCS yet. What should I do?

[dx100uk]

when is the deadline for exchange

[WoodDD]

I read it mentioned to be 08/09/2020 somewhere. The court is holding on 06/10/2020.

 

Called my local court, who confirmed I had to submit my WS 2 weeks before the court date.

Edited September 3, 2020 by WoodDD

[dx100uk]

hope you recorded the call as the judges orders you posted earlier said 8th sept?

[WoodDD]

I remember I read it somewhere. Cannot find it in the  court allocation letter now

[WoodDD]

Have not received VCS WS yet

 

What's going to happen if VCS fails to provide WS? Thanks.

[dx100uk]

what date must they serve by?

 

dx

 

[WoodDD]

The deadline is 22 / 09 -- two weeks before court hearing.

[dx100uk]

so a week yet

 

 

[WoodDD]

I finally received the docs from VCS today (the deadline date). Attached for advice.

 

 

Doc1.pdf

 

Here is my mine sent to court yesterday.

 

Some tips and comments to prepare for face to face in court.

 

Thanks a lot.

 

Defendant Witness Statement.pdf

 

I emailed my WS to VCS through [email protected].
Should I post my WS instead?
Thanks very much!

 

[brassnecked]

You should not have emailed snail mail, now they can submit any additional stuff last minute.

[WoodDD]

2 minutes ago, brassnecked said:

You should not have emailed snail mail, now they can submit any additional stuff last minute.

 

Is email good enough? Thanks.

[brassnecked]

Not when sending stuff to fleecers, is ok to Court, it gives them an avenure to cause you hassle, you might email a follow up stating that you do not accept any legal documents via email then block them.

[dx100uk]

Not sure how many times we've said never use email to fleecers

[WoodDD]

The email address may not be right one anyway. Am going to post my WS to them

 

Can anyone spot some rubbish argument in VCS WS?

 

for example,

 

No public right of way on Section 32 ?

 

 

[dx100uk]

2 hours ago, WoodDD said:

No public right of way on Section 32 ?

 

which is part of the byelaws which simple simon can never enforce. only the airport authority can enforce byelaws. they can't delegate its enforcement either..as breaking any byelaws would be a criminal matter adjudged by a magistrate in a criminal court not a county court civil claims bulk centre.

 

 

 

[lookinforinfo]

There is so much wrong with their WS.

 

You stopped for a very short time yet she seems to equate that as being parked!

That flies in the face of what parking means.

 

There have been several cases in Court where Judges have defined the meaning of parked.

Not one of them describes it as stopping for a few minutes with the engine running and the driver remaining in the vehicle. And why on earth is POFA being included on s28?

The airport comes under Byelaws and that land is specifically not covered by POFA.

 

Then on s30 she cites Parking Eye v Beavis talking about establishing a contract between the parking company and the motorist to park!

 

then from s33 to s40 they are trying to bamboozle the Court by trying to minimise the effect of the Byelaws.

It is the borough of Southend on Sea that decides the rules there-

https://d1z15fh6odiy9s.cloudfront.net/files/sen-byelaws-1983-297c76b8.

 

S12 and s13 confirm that the signs erected by the Council are the ones to be observed.

 

You can also use the Forum search box and cases that have been won against VCS above.

 

s46 The claimant submits the signs are not prohibitive! 

 

The dictionary description of" Prohibitive"-

(of a law or rule) forbidding or restricting something.  If it looks like a duck and walks like a duck...Is she dumb or what.

s47 Further misdirection-this is nothing to do with parking

s48 refers to the" lawful occupier" not the landowner which is Southend Council. 

I end up going back to s5 which gives the impression that VCS complies totally with their Code of Practice and therefore you, the motorist must be guilty.

yet Time and time again VCS loses in Court because they have not complied with their CoP.

 

The Parking Prankster indicates some of them. 

http://parking-prankster.blogspot.com/2017/02/

 

and in the case below they took someone to Court knowing that they did not have the right to take this person to Court at all.

http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

 

VCS v Ms O C8DP9D8C Birmingham 1/8/2017
this was taking a motorist to Court  when the contract for the car park was down to Excel. VCS have lost many cases in Court knowing that they did not have the right to sue as there was no contract between them and motorists-total breach of their CoP and should have put their ability to access motorists data  were it not for the weakness of DVLA and the IPC.

VCS v Ms M. 3QZ53955 25/01/2016 Claim discontinued. Costs awarded to motorist.

as above-masquerading as Excel yet again.

[dx100uk]

i hope Yasmeen Couser is going to be at this hearing else their WS is totally inadmissible.

 

dx

 

[lapwing_larry]

It seems she has failed to appear before in a no stopping case at Doncaster airport:

 

http://forums.National Consumer Service.com/lofiversion/index.php/t127209.html

 

"To cut the story short the judge dismissed the case as the witness (who wrote their witness statement Yasmeen Couser) was not present of the hearing and after half an hour of explaining to the guy from VCS that they cannot do that the case was dismissed"

[WoodDD]

The case is confirmed to be held in person at my local court on next Tuesday 06/10.

It's my first time to be in court.

I'm feeling a bit nervous tbh.

 

Any tips would be really appreciated.

Thanks!