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WoodDD

VCS Spycar PCN PAPLOC Now Claimform - 'no stopping' - London Southend Airport

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Received the following post today.

 

Is it a court claim? What should I do now? Please help!

 

Thanks in advance.

 

 

 

Edited by dx100uk
claimform pic removed

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Hi.

 

That's a claim form, yes. You'll be OK if you follow the guidance here. First of all, could you have a look at the forum sticky and give us the information it asks for please?

 

HB

 


Illegitimi non carborundum

 

 

 

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Drafted the following defense (thanks to google), Any advice please.

 

BTW I have appealed and notified them I was the driver :(

 

[removed - dx)

 

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no!!

 

you don't file chapter and verse in a PPC claim.

stop using google!! 

 

can you do our link please as HB asked above and we'll guide you

there are other things to do first.

defence which will be 3 or 4 lines as per ALL the other no stooping threads here is not due till day 33

 

please complete this :

Hi.

 

That's a claim form, yes. You'll be OK if you follow the guidance here. First of all, could you have a look at the forum sticky and give us the information it asks for please?

 

HB

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks to @dx100uk.

 

Name of the Claimant :

 

Claimants Solicitors:  No solicitor.    CVS itself.

 

Date of issue – 29/01/2020

 

Date for AOS - 09/02/2020

 

Date to submit Defence - 02/03/2020

 

What is the claim for – Stopped at the Southend Airport non-stop zone. I appealled and claimed that I was the driver. I stopped (30 seconds) to ask for the guidance of the drop-off point from an onsite traffic warden.

 

Should I just list the main points in my defense?

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exact particulars of claim as it asks please.

 

and who is CVS?

 

and you did send a CPR back in jan 30 when you got the claim and did AOS too?

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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sorry to be picky but it is defence.

 attention to detail will be needed when pulling their WS apart later

 

as you identified yourself as the driver half of the defence regarding the POFA has gone out of the window but you can still say

 

1the land is covered by its own byelaws so not "relevant land" under the POFA and that the byelaws create a supremacy of contract over VCS signage so no liability created,

 

2 the signage is prohibitive in nature and not a genuine offer of  a contract for consideration.

 

3 the claimant failed to mitigate their actions when you spoke to their operative asking for directions, the sole reason for stopping

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Thank you very much @ericsbrother.

 

@dx100uk. I did AOS and requested CPR as advised 2 weeks ago.

Edited by WoodDD

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What about:

 

1.       The land is covered by its own byelaws so not "relevant land" under the POFA. The byelaws create a supremacy of contract over VCS signage so no liability created.

 

2.       The claimant has abused the process and failed to mitigate their actions. The sole reason for the stopping was to ask for the direction (the drop-off point in this case) from their onsite traffic warden.

 

3.       The signage is prohibitive in nature and not a genuine offer of  a contract for consideration. It is denied that the Defendant entered into any contractual agreement with the Claimant. The Claimant was simply contracted by the landowner to provide management services and is not capable of entering into a contract with the Defendant on its own account.

 

4.       A CPR 31.14 request was sent to the Claimant and no response to this has been received.  Thus the Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

 

In summary, it is the Defendant's position that the claim discloses no cause of action, is without basis, and the Claimant has no right to pursue said claim. The charge is unconscionable and relies upon a misleading business practice as described above and the attempt to add a further sum in 'damages' that a private parking firm is not entitled to collect, is a clear abuse of process. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

 

Statement of Truth:

 

I believe that the facts stated in this Defence are true.

 

Edited by WoodDD

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no need for the bottom sentence.

don't goto places you don't need too.

 

use erics simple short 3 line one.

 

file by MCOL 

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks @dx100uk. Will remove the last sentence and send it over.

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you are not filing a witness statement yet so the last bit doenst need to be said, you just sign the thing electronically if using MCOL

 

Less is more, that way you dont show the level of your knowledge or lack of it. Keep smiling and then hit them

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Posted (edited)

Just received a letter from Northampton CCBC -  'Notice of Proposed Allocation to the Small Claims Track'.

 

How can I deal with this?

 

Thanks in advance.

Edited by WoodDD

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by reading it and following other threads.

what does it tell YOU to do??

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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@dx100uk.

 

Its 'Directions Questionnaire(Small Claims Track)'.

 

I filled in with

 

A1 = Say NO to mediation. 

B = fill in all my details.
C1 = YES to small claims track
D1 = name of mylocal County Court
D2 = NO to expert evidence
D3 = 1 witness 
D4 = NO to interpreter

 

Are they correct?

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well done.

remember..on the copy you send to vcs omit phone/sig/email..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you @dx100uk.

 

Can I just email them? Or I have to post them?

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huh..what did just write about not giving them..:frusty:


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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As said before Posted with free proof of posting from Post Office Counter. EMail is a very bad idea.


We could do with some help from you.

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This case did end in court, scheduled for October at local court.

What am I supposed to do now?

It would be my first time in court :) 


As always thanks for any advice in advance.

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I would start by reading other VCS Southend airport and VCS threads in our PPC Successes forum.

 

HB


Illegitimi non carborundum

 

 

 

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Here's one for you. It's not an airport, but it's VCS and a claim for 'no stopping'.

 

There are plenty of other court claim threads to read here.

 

 

HB


Illegitimi non carborundum

 

 

 

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You will have to write a Witness Statement before the hearing, have a look at the better ones and adapt them for your use.

 

Someone on this site once wrote that everyone should go to civil court once in their lives.  I agree with that - you'll find out it's nothing to be terrified of.  You just sit at a table with a well-dressed person (the judge), like a job interview.

 

The better the WS you write, the less likely it'll be that you'll actually end up at a court hearing.  Simone is quick to sue people, but when the case is properly defended and he realises he has a fight on his hands he's also well known for wetting himself and running away.

 

 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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no it's not ended in court yet..5mts away

all you have is probably a letter from the court..N157?

not from simple simon..

 

what date have you got to file your witnesss statement by?

 

plenty of time to discontinue it from their end.

 

and with whats afoot with that OPC case ...


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The primary  idea of writing a defence and a Witness statement is to inform the Court and the parking crooks what you situation is viz a viz the claim against you.

The secondary aim is to let  VCS know that

a] they have a fight on their hands and that you are prepared to go to Court

b] draw the Court's attention to the tricks, lies and flaws involving VCS so as to embarrass them into deciding not to go to Court

  • Like 1

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