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


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You can object to their appeal. 

 

Explain that their case fell at the first hurdle-the question of land ownership. Stobart under their name of Esken are the land owners so their should be a line from them to London Airport. But even if the Judge is overruled on the land owning part he did not get as far as considering

 

a] no stopping is not no parking

b] no stopping is not even in their list of terms and conditions ie in their contract -so breach of GDPR

c]the land is not relevant land therefore PoFA cannot apply

d] the Airports Act confirms the land is either covered by the Road Traffic Act or Byelaws so the case should not have been brought to and another breach of GDPR has occurred.

e] overcharging -abuse of process

 

There are probably others that I have failed to remember but  which you should include on the list.

 

Any of those reasons above a to d are each capable of quashing the VCS case. And VCS and other parking companies have lost cases in Court from each of them.  

 

The judge did not go beyond looking at the contract argument. Had he done so he would have found the other points compelling and quashed the case. 

 

The whole charge against you is without merit and the appeal has no chance of success even if the question of the contract is successful. It is a waste of the Court's time when VCS knows their whole case is so weak as to be spurious.

 

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i think you also need to put it in plain language in black and white, that even if the there was a case to answer that you DID stop where you should not have done, be that under a traffic regulation or an Airport Byelaws Rule and would result in those issuing a Penalty Charge Notice. VCS cannot prosecute such in a County Court under any contract infraction be it that one exists or not.

 

The matter of furthering such, that a penalty charge notice fails to be paid, would solely be under the established parking decriminalisation laws (DPE), not a county court civil claim,

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks to all. What about (much simplified)

 

-------

 

Dear Sir

 

I am writing to object to the appeal made by the Claimant, Vehicle Control Service (VCS), for claim number XXXXX.

 

I believe the Claimant ignored the learned Judge's second line in the Order that dismissed the claim: 'And upon the Claimant’s representative stating that without such information and evidence the Claimant could not prove this claim’. The legally qualified representative of VCS conceded at the hearing. Having conceded, they cannot try the case at another court.

 

Obviously, they have no grounds to use judicial time to appeal in a case where the learned Judge made a decision based upon a clearly stated position of conceding that this claim could not be proved, coming as it did from a legally qualified representative from the Claimant.  Their representative has had their chance to use the arguments, which they are now trying to introduce again.  Not only did the Claimant not use that case law but they actually conceded the point, so the case should be considered closed.

 

I would like to take the opportunity to iterate the following points.

 

1.     The legally qualified representative of VCS admitted during the hearing on 30/03/2021 that Southend Airport Company Limited is NOT the landowner. When requested by the Judge ‘who is landowner and where is the evidence’, The Claimant failed to provide the evidence: 1) the owner of the land; 2) the landowner had given VCS the necessary authority to issue parking charge notices and to pursue payment by means of litigation.

 

2.     The contract provided by VCS appears to be a false instrument.

 

‘THIS AGREEMENT is made on the 11th day of JUNE 2019 between WEHICLE CONTROL SERVICED LIMITED (Company No. 02881745 ) … and LONDON SOUTHEND AIRPORT COMPANY LIMITED (Company No. 02078271) …’

 

According to Companies House, Company Number 02881745 is for London Southend Airport Company Limited, while Company Number  02078271 is East Midlands International Airport Limited.

 

3.     No contract can exist between VCS and the defendant, as the land is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986. It is also subject to the Southend-on-Sea Municipal Airport Byelaws 1980. Airport Act confirms that the road on which the alleged contravention took place is subject to the Road Traffic Act 1988 (RTA), by virtue of Section 192(1) of RTA and it being a road “to which the public has access”.

 

Even that the defendant DID stop where you should not have done, under Airports Act and Road Traffic Act, VCS has no authority to issue parking charge notices and to pursue payment by means of litigation. VCS cannot pursue such case in County Court for breach of contract, whether or not there is one.

 

4.     I would question the existence of the alleged contract, which the Claimant claims to have been breached by “stopping in a zone where stopping is prohibited”. The signage is wholly prohibitive and makes no offer of consideration. In the absence of consideration, no contract exists. It is my position that, the Claimant has no standing, or cause of action, to litigate in this matter.

 

5.     The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “Debt collection costs”.  No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4. Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67.

 

6.     Reason for stopping should be considered. The sole reason for the defendant to stop was to ask an onsite traffic warden for directions (the drop-off point in this case). Photos received from the claimant show the driver got off and entered the vehicle. The vehicle stopped for only 30 seconds according to the timestamps.

 

Please refer to my Defence and Witness Statement for more details.

 

 

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surely its totally irrelevant even if they do produce the contract... 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Contract isn't really moot, its a case of as Bylaws or RTA apply VCS cannot form a contract to sue on for anyone they have no locus.

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text please not a picture we cant edit that 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks, here it is;

 

3) No contract can exist between VCS and the defendant, as the land is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986. It is also subject to the Southend-on-Sea Municipal Airport Byelaws 1980. Airport Act confirms that the road on which the alleged contravention took place is subject to the Road Traffic Act 1988 (RTA). The Claimant has no Locus to pursue such case in County Court for breach of contract, whether or not there is one.

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I personally would wait and see if they are granted permission...only then can you raise objections.

We could do with some help from you.

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The Juges might be fed up of VCS and other PPC's and refuse leave anyway if they delve further into their WS.

We could do with some help from you.

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

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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On 13/04/2021 at 18:24, WoodDD said:

Thanks, here it is;

 

3) No contract can exist between VCS and the defendant, as the land is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986. It is also subject to the Southend-on-Sea Municipal Airport Byelaws 1980. Airport Act confirms that the road on which the alleged contravention took place is subject to the Road Traffic Act 1988 (RTA). The Claimant has no Locus to pursue such case in County Court for breach of contract, whether or not there is one.

The only problem with airport Byelaws is didnt you say you was the driver at the time I thought the byelaws only affected the if the registred keeper wasnt driving.

 

Im waiting for my court case my stopping was in December 2019 mine was early hours of morning and dark I have dash cam footage of the area and they have put in evidence that the signs are clear and large and readable going at 20mph which is the limit for the airport

 

you cannot see them clearly for one they have high sided vehicles parked on the no stopping sign area they dont reflect I put this to them and signs dont reflect in my first appeal to them and they responded  you need to turn your lights on lol but the photograph of my number plate they are using clearly shows the lights fully on.

 

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Byelaws apply to everyone not just the keepers of vehicles. If Byelaws are in place then PoFA cannot apply as land that is covered by Byelaws is not relevant land.

 

The above  information is for all those reading this thread. However essexman, this is not the thread for you to get help or spread misinformation even if you are trying to be helpful.

 

Please start up your own thread by clicking on "Start a New Topic"-it is near the top of the page. Beside it is a  "Reply to this Topic" -you cannot miss it as it is written in a large green box.

 

Once you have opened your own thread we will be able to help you beat the crooks.

 

I suspect you will need more than signage to win your case. Some Judges are unaware of the nuances in signage and if you get one of those, you will lose even though your argument was lawfully sound.

 

We should be able to add several more strings to your bow to take into account the difference in knowledge of the various Judges.

 

Plus of course the lying people that run parking companies are quite capable of lying about what signs existed and when which could scupper your argument.

 

We look forward to helping you.

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essex please start your own thread 

you are coming out with lots of poor ideas and thinking things that don't help a thread which is nicely on track on not yours..

you need focused help of your own before you make a fatal mistake in your case.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hardly worth the further cost to change the judges decision ...and it wont be granted unless there was an error in law.

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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 The National Consumer Service

 

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