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

[WoodDD]

I just read this thread after receiving a similar letter when I get back from my holiday (the holiday was lovely btw.

 

It's my first trip to London Southend airport and I simply stopped to ask the traffic warden onsite where the temporary pickup / drop offs is (for 10 seconds?). I was told there is none and I should use the short stay car park, which I did.

I have already appealed the PCN by telling my story, before reading this thread. Will they consider my situation? What should I do now if they do not?

[WoodDD]

I just receive PCN (Parking Charge Notice) from Vehicle Control Services Limited for parking at No stopping zone at London Southend Airport.  It's my first trip to London Southend airport and I simply stopped to ask the traffic warden onsite where the temporary pickup / drop offs is (for 10 seconds?). I was told there is none and I should use the short stay car park, which I did.

I have already appealed the PCN by telling my story and tell them I am the driver (the cctv image shows me jumping off my car). However the other thread seems to suggest not to expose the ID of the driver and ignore the PCN.

 

Will they consider my situation? What should I do now if they do not?

[WoodDD]

Thanks for your quick response. I just received the automatic reply from https://excel.zatappeal.com/, which claims they would response in 28 days.

Edited August 19, 2019 by WoodDD

[WoodDD]

Thanks honeybee123, Where is the link and what is sticky ? 

[WoodDD]

Thanks Honeybee13. Here they are:

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement .     8 / 08 / 2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019

 

3 Date received .  18 / 08 / 2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car

 

5 Is there any photographic evidence of the event?  Yes

 

6 Have you appealed? [Y/N?] post up your appeal] .   Yes

 

Dear Sir / Madam,

 

I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.

 

Considering the situation, could you revoke this PCN please?

 

Yours faithfully,

 

Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days

 

7 Who is the parking company?    Vehicle Control Services Limited

 

8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF

Edited August 19, 2019 by WoodDD

[WoodDD]

Thank you very much @lookinforinfo. This is very helpful.

 

Will post again when I get anything back from them.

[WoodDD]

I have just received the following refusal letter from Vehicle Control Services Limited (Southend Airport). What should I do to handle this one?

 

Please advise, thank you!

 

-------------

 

Dear XXXXX
Re: Parking Charge Notice Number VCSXXXXXX (Vehicle: XXXXXX)
Site: Southend Airport
Issue date: 13/08/2019
We refer to your appeal in respect of the above Charge Notice (CN) received on 19/08/2019.
Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:

The signs at the entrance to the Airport and on the access roads and designated bus stops within the Airport clearly
state "No Stopping", giving clear notice that the land is private property and that a Charge of £100 will be levied if
vehicles do stop. The above detailed vehicle stopped in a designated bus stop where stopping is prohibited and the
driver became liable to pay that Charge.

In your appeal you have confirmed to us that on the date in question, you stopped your vehicle on the access road,
which is an area where stopping is not permitted.

We note your comment that you stopped to ask directions from an Enforcement Officer; however as stated, the signs
near to the location you stopped clearly stated "No Stopping" and warned that if you did so, you were liable for the
Charge displayed.

There are 87 high profile signs advising drivers not to stop and warning that if a driver does stop, a charge of £100 is
payable. The signs exceed recognised industry standards, with some as large as 2m by 1.1m (6ft 6in by 3ft 7in)
which clearly state "No Stopping" alongside the nationally recognised Highway Code symbol for a Clearway (No
Stopping). Furthermore, the signage on the approach road is reflective and positioned to face oncoming vehicles and
the text size used is relative to the average approach speed of a vehicle in relation to the speed limit in force at that
location.

We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to
accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the Charge
will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk.

What you should do next - Either:

 

1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 25/09/2019 or £100
to reach us by 09/10/2019 must be made. Failure to pay this charge within the stated times, may result in Debt
Recovery Action being taken and further costs up to an additional £60 being incurred. Payments can be made
online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling
0845 226 9138 by using a valid Credit or Debit Card.
OR:

 

2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to
appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the
subject header of this correspondence).
Notice Serial No: VCSXXXXX Vehicle Registration Mark: XXXXX
Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit www.theias.org
for full details on how to submit an appeal online.
It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer
apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the
IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and
the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding
(£100) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum in
the 14 day period will result in debt recovery costs of £60.00 being added to the outstanding balance.
It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be
made to the IAS.
Please also note that further costs may be incurred should it be necessary for us to subsequently recover any
outstanding charge using further debt recovery and/or court action.

Yours sincerely,

Appeals Administration Team
CENTRAL PROCESSING OFFICE

[WoodDD]

I am bit worried as I had appealed (silly as I have not sought advice here before doing that) and acknowledged I am the driver. Does this affect the case? Please advice.

[WoodDD]

Yes, it was sent through email.

[WoodDD]

Big thanks to @dx100uk and @Mrs O'Frog.

 

So I just ignore all emails / letters from then until LBC is received. I think I am able to do that easily

[WoodDD]

Thanks @ericsbrother.

 

The email was sent from address '[email protected]'. I guess nobody will be checking emails for it?

 

Block the address anyway. Not sure gmail would bounce it back though.

 

Found a way doing it through gmail. Tempted using the following template for auto-reply. Should I?

 

Dear Sir / Madam

I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.

 

You are no doubt aware that Southend airport is subject to byelaws 1997. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.

 

Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.

 

Yours faithfully

[WoodDD]

Sure @dx100uk

[WoodDD]

Now I have received 'demand for payment' with increased penalty £160 by post. They demand me to clear the debt in 14 days.

 

Any advice please?

[WoodDD]

Thank you @honeybee13.

 

The letter did include a section like:

 

You have received this notice because the company intends to take you to court in relation to this debt.

This Letter tells you what to do next, including how to avoid court action.

 

Loads of red and bold words though

[WoodDD]

Got the 'final demand' letter.

 

Should I reply like the following to shut them up?

 

Dear Sir / Madam

I dispute your ' parking charge'. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.

You are no doubt aware that Southend airport is subject to byelaws 1997. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.

Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.

Yours faithfully

[WoodDD]

Just received 'Letter Before Claim'.

 

Please help. Thanks in advance!

[WoodDD]

What about?

 

Dear Sir / Madam

I dispute your ' parking charge'. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.

 

You are no doubt aware that Southend airport is subject to byelaws 1997. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.

 

Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.

 

Yours faithfully

[WoodDD]

or should I sent a copy of Ericsbrother's template  ? 

 

Please help!

 

 

Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense.

As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness.

Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016.

Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.

Edited November 21, 2019 by WoodDD

[WoodDD]

Please help with the wording of my reply :)!

 

[WoodDD]

Cheers guys. Your help is highly appreciated!

 

I've learnt that CVS is now using internal legal team and no longer using legal firm BW. Should I remove the last paragraph?

 

Thanks again.

[WoodDD]

I bet.

Should I send my reply now or leave it to the last minute?

[WoodDD]

Thanks @dx100uk

 

Before I sent out, can anyone check the following reply

 

[WoodDD]

BIG thanks to @FTMDave and @dx100uk

 

The LBC was sent directly from the debt department of VCS.

 

Should I sign my reply?

Edited November 23, 2019 by WoodDD

[WoodDD]

Received the following post today.

 

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

 

Thanks in advance.

 

 

 

Edited January 30, 2020 by dx100uk
claimform pic removed

[WoodDD]

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

 

BTW I have appealed and notified them I was the driver

 

[removed - dx)